Md. Code Regs. 12.02.06.04

Current through Register Vol. 51, No. 8, April 19, 2024

Section 12.02.06.04 - Application of Diminution Credits

A. Diminution credit may be awarded under Correctional Services Article, §§ 3-703 - 3-707, Annotated Code of Maryland, in one or more of the following categories:

(1) Good conduct;

(2) Work tasks;

(3) Education; or

(4) Special projects.

B. Good Conduct Credit.

(1) An inmate shall be awarded an initial deduction from the inmate's term of confinement, subject to the inmate's future good conduct.

(2) A deduction under this subsection may not be awarded for a period during which an inmate does not receive credit for service of the inmate's term of confinement including a period:

(a) During which an inmate's sentence is stayed;

(b) During which the inmate has escaped; or

(c) For which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision.

C. Work Tasks Credit. An inmate may be awarded a deduction from the inmate's term of confinement for satisfactory performance of work tasks assigned to the inmate.

D. Education Credit. An inmate may be awarded a deduction from the inmate's term of confinement for satisfactory industry, application, and progress in education programs.

E. Special Projects Credit.

(1) The Commissioner, with the approval of the Secretary and based on the Division's current policy and procedure, may establish a list of assignments and programs that qualify for special projects credit which include, but need not be limited to, the following:

(a) Prison industry assignments;

(b) Education programs;

(c) Work details;

(d) Work release employment; or

(e) Rehabilitation programs including, but not limited to, programs addressing:

(i) Substance abuse; and

(ii) Criminal behavior.

(2) Special projects credit awarded by a local detention center, between the date an inmate is sentenced to the custody of the Commissioner and the date the inmate is transferred to the Division, shall qualify as special projects credit.

F. Special Projects Credit for Housing.

(1) Except as provided in §F(3) of this regulation, an inmate may be awarded special projects credit for housing under Correctional Services Article, § 3-707, Annotated Code of Maryland, if the inmate is:

(a) Assigned to a cell containing two beds and is not serving a period of disciplinary segregation; or

(b) Housed in a dormitory or dormitory-type housing and the housing area where the inmate is confined does not provide 55 square feet of living space per inmate, exclusive of dayrooms, toilets, and showers.

(2) An inmate may be awarded a maximum of five special projects credits for housing for each calendar month, and on a prorated basis for any portion of a calendar month, beginning on a date and ending on a date the Secretary determines appropriate, based on the demand for inmate housing and services in the Division, subject to §§F(3) and G of this regulation.

(3) An inmate may not be awarded special projects credit under this section during the inmate's term of confinement if the inmate is serving a term of confinement that includes a:

(a) Sentence for:

(i) Abduction;

(ii) Arson in the first degree;

(iii) Carjacking or armed carjacking;

(iv) Kidnapping;

(v) Manslaughter, except involuntary manslaughter;

(vi) Mayhem and maiming, as previously proscribed under Article 27, §§ 384-386, Annotated Code of Maryland;

(vii) Murder or attempted murder;

(viii) Use of a handgun in the commission of a felony or other crime of violence;

(ix) Child abuse, abuse or neglect of a vulnerable adult, or child sale, barter, or trade under Criminal Law Article, § 3-601, 3-602, or 3-603, Annotated Code of Maryland;

(x) Assault on a Division inmate or employee under Criminal Law Article, § 3-205, Annotated Code of Maryland;

(xi) A drug crime;

(xii) An offense which would cause the offender to be defined as a child sexual offender, offender, sexually violent offender, or sexually violent predator under Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland; or

(xiii) A crime committed on or after July 1, 2007.

(b) Mandatory sentence for the commission of a felony; or

(c) Sentence as a repeat offender under Criminal Law Article, § 14-101, Annotated Code of Maryland.

(4) This section may not be interpreted, understood, or construed to mean that an inmate who is eligible to receive the credits described in this section has a right to these credits or that an inmate will continue to receive these credits in the future.

G. An inmate may not be awarded more than 20 diminution credits for a calendar month.

Md. Code Regs. 12.02.06.04

Regulations .04 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)