Md. Code Regs. 12.02.18.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 12.02.18.02 - Referrals for Evaluation at Patuxent Institution

A. The following persons may recommend to the Commissioner that an inmate who meets the criteria specified in COMAR 12.12.02.01B or .02 be referred to Patuxent Institution for evaluation as to whether the inmate is an eligible person:

(1) The sentencing judge;

(2) The State's attorney of the jurisdiction in which the inmate was last convicted;

(3) A member of the Commissioner's staff, including the chief psychologist or case management team of a Division institution; or

(4) An inmate, by self-referral.

B. The Commissioner shall maintain a list of Division inmates eligible to be referred to Patuxent Institution for evaluation. The Commissioner's list shall be submitted monthly to the Director of Patuxent.

C. If the Patuxent evaluation is to be conducted at a Division institution, the records needed for the evaluation shall be assembled by the Division in accordance with COMAR 12.12.03.03B as specified below:

(1) The following documents from the base file include:

(a) Copy of commitment order,

(b) Admission summary,

(c) Copy of sentencing guidelines,

(d) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate, or documentation that none exists,

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

(f) State's version of the crime,

(g) Prior criminal and juvenile history and all relevant records concerning it,

(h) Disciplinary record, and

(i) Correspondence from judges and State's attorneys relating to their referral and recommendation of inmates to Patuxent Institution;

(2) School records;

(3) The inmate's prior medical history, including any relevant medical and hospital records and reports, and the inmate's medical file;

(4) The inmate's prior mental history, including the inmate's psychological file, previous psychological or psychiatric evaluations, record of psychiatric medications, progress notes, and records of any previous psychiatric and drug and alcohol treatment; and

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

D. Each warden shall ensure that a Patuxent transfer evaluation team is provided the work space and resources necessary to carry out the examination.

E. If the evaluation is to be conducted at Patuxent Institution, the Division shall ensure that the records specified in §C of this regulation accompany the inmate to Patuxent Institution.

F. When an inmate is no longer an eligible person, the Director of Patuxent Institution shall notify the Commissioner. The Commissioner shall ensure that Division staff return the inmate to the Division in accordance with Correctional Services Article, Title 4, Annotated Code of Maryland, and COMAR 12.12.04.

G. When an inmate has returned to a Division institution from Patuxent Institution, the inmate's case management specialist shall advise the Parole Commission of the following information:

(1) Inmate's name;

(2) Inmate's Division identification number;

(3) Date of inmate's return to the Division from Patuxent Institution;

(4) Change in the inmate's sentence; and

(5) Date and decision of last parole hearing, if one was conducted.

Md. Code Regs. 12.02.18.02

Regulation .02A, B, C, G amended effective March 27, 1995 (22:6 Md. R. 474)