Md. Code Regs. 12.02.07.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.02.07.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "CARC" means a community adult rehabilitation center established under Correctional Services Article, Title 11, Subtitle 3, Annotated Code of Maryland, and COMAR 12.02.03.

(2) "Commissioner" means Commissioner of the Division of Correction, or designee.

(3) "Confidential material" means:

(a) Addresses and telephone numbers on victim impact letters;

(b) Police reports;

(c) Juvenile records;

(d) Presentence investigations;

(e) Psychological reports, psychiatric evaluations, evaluation reports, and social histories;

(f) Parole progress file; and

(g) Correspondence relating to therapy.

(4) "Division" means Division of Correction.

(5) "Escape" means a documented incident of unauthorized absence from lawful confinement or custody, except for an inmate on work release, or an inmate assigned to the central home detention unit who is convicted solely of unauthorized absence or being out of bounds.

(6) "G housing identifier" means that the inmate has been reviewed for placement in the general population and is considered suitable for double-celling or dormitory housing.

(7) Inmate Records.

(a) "Inmate records" means the written information that is assembled, maintained, and used in accordance with the provisions of Correctional Services Article, §§ 3-601 -3-608, Annotated Code of Maryland.

(b) "Inmate records" includes:

(i) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed for that conviction;

(ii) The inmate's prior criminal and juvenile history, and relevant records concerning it;

(iii) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;

(iv) School records;

(v) Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and

(vi) Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.

(c) "Inmate records" does not mean separate Division records maintained by the mental health and health services units.

(8) "MAP" means mutual agreement programming which is a process of negotiating agreements among an inmate, the Maryland Parole Commission, and the Division.

(9) "S housing identifier" means that special factors preclude the inmate's assignment to the general population and require single-celling. Special factors include a history of the following:

(a) Aggressive behavior;

(b) Medical problems;

(c) Mental health problems; or

(d) Victimization by other inmates.

Md. Code Regs. 12.02.07.01

Regulations .01 amended effective June 17, 1996 (23:12 Md. R. 872)