Md. Code Regs. 12.02.08.02

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

Section 12.02.08.02 - Security Levels

A. A super maximum security institution provides the highest level of secure housing within a secure perimeter for an inmate who:

(1) Poses a high risk of violence;

(2) Is a significant escape risk;

(3) Has a history of serious institutional disciplinary problems or is likely to have serious disciplinary problems; and

(4) Has demonstrated an inability to be housed in an institution of lesser security.

B. A maximum security institution provides secure housing within a secure perimeter to control the behavior of an inmate who:

(1) Poses a high risk of violence;

(2) Is a significant escape risk;

(3) Has a history of serious institutional disciplinary problems; or

(4) Is likely to have serious disciplinary problems.

C. A medium security institution provides secure housing within a secure perimeter for an inmate who:

(1) Poses some risk of violence;

(2) Is a moderate escape risk; or

(3) Has a limited history of institutional disciplinary problems.

D. A minimum security institution has fewer security features for an inmate who:

(1) Poses less risk of violence;

(2) Poses less risk of escape; or

(3) Has a minimal history of disciplinary problems.

E. A prerelease security institution has the security features for an inmate who:

(1) Presents the least risk of violence;

(2) Presents the least risk of escape; and

(3) Has a record of satisfactory institutional behavior.

F. The assignment of an inmate to a security level is based on the following three principles:

(1) An inmate is assigned to the appropriate security level necessary to control the inmate's behavior;

(2) Security may not be increased as a means of punishment; and

(3) Assignment of a security level is based on objective behavior-oriented factors.

G. The following factors relate to the physical configuration of an institution and are used to establish security levels:

(1) The number and type of perimeter barriers;

(2) Existence and period of operation of gun towers;

(3) Use of external perimeter patrols;

(4) Use of detection devices; and

(5) Housing configuration of the institution.

H. The following factors relate to the degree of staff supervision of an inmate:

(1) Level of observation;

(2) Day movement;

(3) Night movement;

(4) Meal movement;

(5) Access to jobs and programs;

(6) Institutional visits;

(7) Transportation; and

(8) Special, compassionate, or family leaves.

I. The Commissioner shall ensure that when a group of maximum or medium security level inmates are being transported, the shift commander:

(1) Ensures that the inmates are transported in a secured vehicle;

(2) Determines the number of correctional officers assigned to escort duty and authorizes the appropriate weapons to be carried;

(3) Assigns to escort duty at least one correctional officer of the same sex as the inmates being transported; and

(4) If minimum or prerelease security level inmates are included in the group, ensures that they are restrained in the same manner as the maximum or medium security level inmates.

J. If a group of minimum or prerelease level inmates are being transported, the shift commander may transport them without restraints by on-duty staff other than correctional officers.

K. The Commissioner shall ensure that correctional officers assigned to escort duty:

(1) Are qualified in the use of firearms, trained and experienced in transporting inmates, familiar with good security practices, and have appropriate vehicle operators' permits;

(2) Provide supervision to a probationary correctional officer who is assigned to escort duty;

(3) Obtain from the institutional control center an escort I.D. card for an inmate to be transported, and return the card to the institution control center when the inmate is returned to the institution;

(4) Ensure that restraint devices remain on an inmate while in a courtroom unless the presiding judge or magistrate orders otherwise;

(5) While escorting an inmate being treated or admitted to outside medical facilities:

(a) Notify medical facility security personnel when an inmate arrives at a medical facility,

(b) Ensure that restraint devices remain on an inmate while in a medical facility, unless a health care provider, due to medical circumstances, directs otherwise,

(c) Maintain an inmate in view at all times, unless an inmate's medical treatment makes this impossible, in which case the officer shall assume a position as close to the inmate as possible,

(d) Ensure that an inmate receives only items which have been approved by Division or medical facility staff,

(e) Ensure that an inmate is allowed to make a telephone call only when the warden or designee has granted specific written permission,

(f) Ensure that any visit the inmate receives is in accordance with COMAR 12.02.16, institutional directives, and medical facility policies,

(g) Ensure that an inmate is allowed only in an authorized area of a medical facility,

(h) Ensure that an inmate does not receive personal visitors, and

(i) Obtain a written receipt for an inmate who is left in the custody of a law enforcement or other authorized agency.

Md. Code Regs. 12.02.08.02