Md. Code Regs. 12.02.19.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.02.19.03 - Family Leave

A. Policy.

(1) Merely meeting basic eligibility criteria does not guarantee or imply approval for family leave.

(2) To be eligible for family leave consideration, an inmate shall:

(a) Be classified to the prerelease security level;

(b) Be within 12 months of a parole rehearing or an anticipated release date; and

(c) Have completed:

(i) 30 consecutive calendar days of active work release employment,

(ii) 90 consecutive calendar days on an institutional assignment,

(iii) 90 consecutive calendar days in a combination of § A(2)(c)(i) and (ii), above, or

(iv) 90 consecutive days at the prerelease security level if medically unassigned.

(3) Family leave may not be granted for more than 48 hours. Travel time may be added to this period.

(4) The hours of the leave shall be governed by the specific circumstances at an inmate's maintaining institution.

(5) The classification team may establish special conditions for family leave.

(6) An inmate shall demonstrate that the inmate's family is capable of assuming necessary expenses during leave status.

(7) An inmate shall use private or public transportation to and from the institution to the leave address.

(8) A person providing transportation shall present adequate identification before departing with the inmate.

(9) Each warden and prerelease facility administrator shall ensure that spot check telephone verifications are conducted during the course of each family leave period.

(10) An inmate may not be approved for family leave outside the State.

(11) Notwithstanding the provisions of this regulation, the Commissioner and those individuals the Commissioner authorizes shall retain the absolute discretion to modify, suspend, or terminate this program in whole or in part for a reason or no reason. Similarly, the Commissioner or the Commissioner's representatives retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason.

B. Procedure.

(1) An inmate shall be informed of family leave eligibility requirements by a classification counselor.

(2) An inmate shall request family leave status through the inmate classification counselor.

(3) An inmate shall submit to the classification counselor the name, relationship, address, and telephone number of the family leave sponsor.

(4) The family leave sponsor shall provide institutional staff with a written agreement that lodging and transportation will be provided.

(5) An inmate shall submit the name, address, and telephone number of the person providing transportation unless permission to use public transportation has been approved by appropriate institutional staff.

(6) Upon receipt of necessary forms and information, a classification counselor shall:

(a) Complete a family leave status application;

(b) Make a recommendation for or against approval, and provide a supporting rationale;

(c) Sign the application; and

(d) Forward the application to the family leave classification team.

(7) A classification team shall:

(a) Review the application in the presence of the inmate;

(b) Make a recommendation for or against approval and provide a supporting rationale; and

(c) Forward the application to the warden or facility administrator of the facility.

(8) The warden or facility administrator shall:

(a) Act only on a family leave status application recommended for approval by the classification team;

(b) Concur or not concur with the recommendation of the classification team; and

(c) If both the warden or facility administrator and the classification team recommend approval, forward the application to the Commissioner.

(9) The Commissioner shall:

(a) Review the family leave status application; and

(b) Approve or disapprove the application.

(10) After final action, the original application shall be filed in the inmate base file and a copy shall be given to the inmate.

(11) Family leave frequency shall be determined based on the following criteria:

(a) An inmate on active work release and within 4 months of an anticipated release is eligible for a maximum of one family leave every 2 weeks;

(b) An inmate on active work release, or assigned to institutional jobs or school on a full-time basis, is eligible for a maximum of one family leave a month;

(c) A prerelease security level inmate assigned to an institutional job or school on less than a full-time basis is eligible for a maximum of one family leave every 3 months; and

(d) A prerelease security inmate who does not have work release status, an anticipated released date, an institutional job, or a school assignment is eligible for a maximum of one family leave every 4 months.

(12) A classification counselor shall complete a family leave authorization at least 1 week in advance of the leave and, if the inmate is:

(a) In the Maryland Correctional Prerelease System, forward it to the facility administrator who shall certify the information on the authorization form and approve by signing the leave authorization; or

(b) Housed at another institution, forward the authorization form to the assistant warden.

(13) The facility administrator or assistant warden, acting as the Commissioner's designee, shall approve or disapprove a particular leave and return the authorization to the assigned classification counselor.

(14) The counselor shall distribute the authorization form and, if the warden has approved the leave, take the actions necessary to implement and monitor the leave.

(15) A copy of the leave authorization shall be filed by the Commissioner in his office as a public record.

Md. Code Regs. 12.02.19.03