Md. Code Regs. 12.02.24.07

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

Section 12.02.24.07 - Inmate Case Records

A. Inmate Case Record.

(1) The Division shall maintain a record and history for each inmate that includes:

(a) A complete physical description;

(b) A current photograph;

(c) Information concerning the current crime or crimes of which the inmate was convicted;

(d) The sentence or sentences imposed for the conviction or convictions;

(e) The inmate's prior criminal and juvenile history;

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

(g) School records; and

(h) Other information, records, and reports concerning the inmate.

(2) The Division shall work with State and local officials to obtain information for the inmate case record.

B. Access to Inmate Case Records.

(1) Except for a record of a presentence investigation, a warden may grant access to inmate case records without a written request to:

(a) A medical service provider if the information is necessary to provide proper medical care;

(b) An individual authorized by court order;

(c) An individual authorized by law;

(d) A Maryland judge; and

(e) A State's attorney.

(2) Except for a record of a presentence investigation, a warden may grant access to inmate case records upon a written request to:

(a) Employees of a State department or agency if the request is in the furtherance of the employee's lawful duties;

(b) Employees of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties;

(c) The inmate's attorney; and

(d) Inmates or individuals who have written authorization from the inmate or inmates whose record or records are to be accessed.

(3) Before a warden grants access to an individual identified in §B(1) and (2) of this regulation, except for a Maryland judge or a State's attorney, the warden shall establish that the records:

(a) Shall be used only for legitimate business related purposes of the individual or agency; and

(b) May not be further disseminated to a person or government unit not authorized to review the records.

(4) A warden shall grant access to an inmate's presentence investigation report only to:

(a) The inmate;

(b) The inmate's attorney;

(c) A State's attorney;

(d) A party when authorization is granted by a court order;

(e) A correctional institution;

(f) A parole, probation, or pretrial release official of this State, any other state, or the United States;

(g) A public or private mental health facility in this State or another state if the inmate has been or is being evaluated for commitment for treatment as a condition of probation; or

(h) A community substance abuse treatment provider in this State or another state if the inmate will be treated or evaluated for treatment by the provider as a condition of probation.

(5) The warden shall ensure that:

(a) Inmate case records are reviewed in the presence of an institution employee;

(b) A fee, established under §I of this regulation, is collected for photocopies; and

(c) A log is maintained reflecting the:

(i) Date of review;

(ii) Name of the inmate whose record was reviewed;

(iii) Commitment number of the inmate whose record was reviewed;

(iv) Name of the person requesting access and conducting the review;

(v) Reason for the request; and

(vi) Warden's signature for each approved request for access to inmate case records.

C. Attorney Access to Inmate Case Records.

(1) An attorney requesting access to an inmate's record shall:

(a) Make a written request to the warden;

(b) Make the request with a minimum of 24 hours notice;

(c) Provide a specific reason for the request, which shall include the factual basis for a need for legal purposes; and

(d) Before accessing the record:

(i) Provide written authorization for release of the records signed by the inmate; and

(ii) Display proper identification.

(2) An attorney may be granted access to only those records specifically requested under §B of this regulation.

(3) If the records are to be reviewed by an employee or agent of the attorney making the request, proper identification shall be produced by the attorney's employee or agent before access to the record is granted.

D. Access to Inmate Medical Records.

(1) Inmate medical records are the property of the Division and maintained by a contracted medical provider.

(2) A request for records under this section shall be made in writing to the warden.

(3) The warden shall review and forward the request to the contracted medical provider.

(4) The medical provider shall arrange for the records to be forwarded to the warden who shall arrange for review by the inmate.

(5) Following the inmate's review, the warden shall ensure that the records are returned to the medical provider.

E. Inmate Access to the Inmate's Case Record.

(1) For an inmate to access that inmate's case record, the inmate shall submit a written request for records review to the warden.

(2) The warden shall acknowledge receipt of the request.

(3) The inmate's name shall be recorded on a list maintained by the records department of inmates requesting record review.

(4) Within a reasonable period of time, record department personnel shall schedule the inmate's record review.

(5) Records department personnel shall ensure that material that an inmate may not have access to is removed before the scheduled review. Under this section, an inmate is not entitled to review:

(a) Presentence investigation documents;

(b) Medical records; and

(c) Mental health records.

(6) An inmate shall be permitted to review the inmate's record once every 6 months, unless additional reviews are approved by the warden.

F. Inmate Access to Psychological Information.

(1) An inmate may obtain access to psychological information in the inmate's record by a written request to the warden.

(2) A warden shall review an inmate's request with the appropriate psychology staff and determine if access may be granted.

(3) Access to psychological information shall be determined according to the provisions under Health-General Article, §4-307, Annotated Code of Maryland.

(4) If access is denied, the warden shall ensure that a summary of the records that are compatible with the inmate's current level of functioning is prepared and made available to the inmate.

G. Documenting Access and Denial of Access to Records.

(1) If access is granted, a record of the review shall be placed in the inmate's record.

(2) If access is denied, the person making the request shall be notified in writing and a copy of the notification shall be included in the inmate's record.

H. Appeals.

(1) An appeal of a warden's decision to deny access to inmate records may be made to the Commissioner of Correction.

(2) The Commissioner shall make a final determination on the request as provided under COMAR 12.11.02.11B.

I. Fees.

(1) The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party.

(2) A fee may not be charged for the first 2 hours of official employee time that is needed to respond to a request.

(3) Fees for copies and preparation time shall be posted in the records department.

(4) A charge may only be made for a total that is greater than $1.

(5) If it best serves the public interest, the warden may waive costs associated with preparation and providing copies.

(6) Photocopies may not be provided unless:

(a) Procedures have been followed to withdraw the cost from the inmate's financial account; or

(b) For noninmate requests, after arrangements for payment by the requesting party have been made.

Md. Code Regs. 12.02.24.07