Md. Code Regs. 12.02.03.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.02.03.08 - Admission and Discharge

A. Admission.

(1) Admission of inmates to the facility shall conform to clearly defined written policies and procedures established by the facility director. Before transfer to a facility, all inmates shall be properly screened by the facility director, the local correctional system, or the Maryland Division of Correction, or all.

(2) An individual may not be admitted unless a commitment order, properly signed by the clerk of the appropriate court, is received with the individual.

(3) The following criteria shall be considered in screening an inmate for placement in a facility:

(a) Intent of court at sentencing;

(b) Time already spent in confinement;

(c) Instant offense;

(d) Prior criminal record;

(e) Institutional adjustment;

(f) Availability of work and transportation;

(g) Effect of placement on immediate family and dependents;

(h) Need for services available at the facility;

(i) Level of individual's maturity, attitude, and trust-worthiness.

(4) Any individual who is determined to be an escape risk, or having a detainer for a charge for any crime enumerated in Correctional Services Article, § 11-317, Annotated Code of Maryland, may not be assigned to a facility.

(5) According to the provisions of Correctional Services Article, § 11-317, Annotated Code of Maryland, and policy of the Division of Correction, a facility may accept certain inmates who are committed to the Division of Correction without prior processing in another Division of Correction institution. In these cases the facility shall serve as a reception, diagnostic, and classification center for the Division of Correction.

(6) Before physically admitting an offender according to §A(5) of this regulation, the facility shall:

(a) Screen the inmate to determine eligibility and acceptability for placement in the facility;

(b) Obtain a Division of Correction inmate number; and

(c) Complete the photo and fingerprint identification work as required by the Commissioner.

(7) After admission of an inmate according to §A(5) of this regulation, the facility shall:

(a) Establish an inmate case record;

(b) Establish a medical and dental file;

(c) Conduct a dental and medical exam which includes screening for tuberculosis, venereal disease, and any other communicable disease specified by local, State, or federal health authorities; this requirement may be waived if a medical and dental exam has been conducted for the inmate by the jurisdiction operating the facility within the last 30 days, and if the examination records are held in the facility;

(d) Administer an educational screening test as designated by the Commissioner;

(e) Administer a psychological screening test as designated by the Commissioner;

(f) Establish a financial account for the inmate's personal fund;

(g) Forward a skeleton inmate file and commitment papers to the Division of Correction as required by the Commissioner; and

(h) Complete and forward a parole and probation census card as required by the Division of Parole and Probation.

B. Discharge.

(1) Discharge of inmates from the facility shall conform to clearly defined written policies and procedures of the facility.

(2) Discharge policies and procedures shall include:

(a) A verification that the inmate is being discharged under proper legal authority;

(b) A positive identification of the inmate being released; and

(c) The return to the inmate, or individual assuming custody of the inmate, of all of the inmate's property and valuables held by the facility. A receipt shall be signed by the inmate or the individual assuming custody of the inmate and retained for facility records.

(3) If an inmate is to be transferred to the jurisdiction of the Division of Correction, the transporting officer shall have with him properly executed commitment papers and a copy of the inmate case record. Also included shall be a record of time accrued toward diminution of sentence under in Correctional Services Article, § 11-503, Annotated Code of Maryland. This record shall show the amount of time accrued according to type: good time, industrial, educational, and special programs.

(4) The time, date, and reason for discharge shall be entered in the inmate's case record.

(5) Every inmate who is released from custody shall be given a prerelease physical examination by an appropriately qualified medical examiner:

(a) The physical will be performed as close to the actual date of release as possible, but no more than 3 days before release;

(b) An inmate found to have a chronic disease of the mind or body will be referred to the proper State agency for continuation of treatment;

(c) An inmate who has a disease requiring a short treatment period shall be directed to the proper agency for follow-up care and the inmate will be advised to have the new treatment agency request his pertinent medical records if needed;

(d) The medical examiner will complete and sign a prerelease medical examination form provided by the Commissioner.

(6) If an inmate is transferring to a Division of Correction institution, the transferring facility shall be responsible for bringing the medical and dental records of the inmate up-to-date, including all current prescriptions. The records will be forwarded to the new institution along with the inmate case record.

(7) The transferring institution shall provide a 24-hour supply of all medication prescribed for the inmate by a competent physician.

Md. Code Regs. 12.02.03.08