Md. Code Regs. 12.02.18.03

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

Section 12.02.18.03 - Interstate Corrections Compact Transfer

A. If an inmate desires to transfer to a signatory state under the Interstate Corrections Compact, the inmate shall complete an Application for Interstate Corrections Compact Transfer and submit the completed form to the inmate's case management specialist.

B. If the application is disapproved by the warden, the process shall terminate.

C. If the application is approved, the field compact administrator shall forward a referral packet to the headquarters compact administrator. The contents of the referral packet shall be determined by the Commissioner.

D. Review by Commissioner.

(1) The headquarters compact administrator shall review the referral packet and forward a written recommendation and rationale to the Commissioner for a final decision.

(2) If the Commissioner's decision is to disapprove the application, the process shall terminate. A disapproved application may be retained on file at the office of the headquarters compact administrator for future consideration.

(3) If the Commissioner's decision is to approve the application, the Application for Interstate Corrections Compact Transfer shall be returned to the headquarters compact administrator, and the Commissioner shall request a review and decision from the other state on the referral packet for the referenced inmate.

(4) The case management specialist shall inform the inmate of the Commissioner's decision and may explain the rationale for that decision.

E. The headquarters compact administrator shall advise the requesting case management staff of the decision of the receiving signatory state.

F. The headquarters compact administrator shall coordinate the arrangements for the transportation of an inmate between the signatory states.

G. If each state is transferring an inmate, the headquarters compact administrator and the compact administrator of the other state shall jointly determine whose responsibility it is to transport the inmates.

H. When a transfer is effected, all applicable records and allowable property shall be transported with the inmate to the receiving signatory state.

I. Receipt of Inmate from Other Signatory State.

(1) When Maryland accepts an inmate from another signatory state, a male inmate shall be delivered to the Maryland Reception, Diagnostic and Classification Center, and a female inmate shall be delivered to the Maryland Correctional Institution for Women.

(2) After the inmate is received in Maryland, the warden of the Maryland Reception, Diagnostic and Classification Center, or the warden of the Maryland Correctional Institution for Women, shall ensure that:

(a) All necessary records are processed to identify the inmate as an Interstate Corrections Compact inmate; and

(b) The Maryland Parole Commission is notified by the case management manager or supervisor that the inmate has been received in Maryland as an Interstate Corrections Compact transferee.

(3) Following receipt of an inmate from the sending state, a case management specialist at the receiving institution shall complete an admission summary for each inmate under the Interstate Corrections Compact and forward it to the Interstate Corrections Compact office of the sending state. Thereafter, the receiving state shall provide the sending state a semiannual report summary of the inmate's progress and adjustment since the last report, including a recommendation for retention or return.

J. The headquarters compact administrator shall monitor and maintain Interstate Corrections Compact files as well as review and process all correspondence between signatory states for inmates who are transferred from Maryland to a signatory state under the Interstate Corrections Compact.

K. Inmate Base File.

(1) The field compact administrator shall monitor and maintain the inmate base file for an inmate who is transferred from a signatory state to Maryland under the Interstate Corrections Compact.

(2) All correspondence between signatory states regarding an Interstate Corrections Compact transferee housed in Maryland shall be reviewed and processed through the applicable case management unit for the field compact administrator unless other direction is given by the headquarters compact administrator.

(3) The headquarters compact administrator shall maintain a working file for an inmate who is transferred from a signatory state to Maryland under the Interstate Corrections Compact.

L. The case management specialist shall ensure that the field and headquarters compact administrators are kept apprised of significant events pertaining to an inmate, including but not limited to:

(1) Movement within the Division;

(2) Serious incidents;

(3) Parole hearings and results;

(4) Judicial matters;

(5) Pending release through parole or expiration of sentence; and

(6) A request by the inmate to return to the sending state.

M. The headquarters compact administrator shall be responsible for updating the Division directive which includes a list of states which are signatory to the Interstate Corrections Compact.

Md. Code Regs. 12.02.18.03

Regulation .03 amended effective March 27, 1995 (22:6 Md. R. 474)