Md. Code Regs. 12.02.28.02

Current through Register Vol. 51, No. 11, May 31, 2024

Section 12.02.28.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) 'Administrative Remedy Procedure (ARP) " means a formal process established by the Commissioner of Correction to address inmate complaints concerning conditions of confinement.

(2) 'Administrative Remedy Coordinator (ARC) " means an employee designated by the Commissioner of Correction or Managing Official to receive, acknowledge, and direct the investigation of ARP complaints and to maintain all records relating to the complaints according to procedures set forth in this chapter.

(3) "Appeal" means the process by which an inmate seeks review by the Commissioner of Correction of a decision regarding a complaint submitted under the ARP at the correctional facility level.

(4) "Closely related issues" means matters that are the result of single incident or condition.

(5) "Commissioner" means the Commissioner of Correction.

(6) "Conditions of confinement" means any circumstances, situations, or events that involve an inmate's custody, transportation, incarceration, or supervision.

(7) "Correctional facility" means a facility within the Division of Correction or Patuxent Institution that is operated for the purpose of confining an individual who is committed to the custody of the Commissioner.

(8) "Department" means the Department of Public Safety and Correctional Services.

(9) "Formal resolution" means a written decision and, if appropriate, relief from the managing official or Commissioner regarding an inmate complaint filed under the ARP.

(10) "Frivolous " means a complaint that:

(a) Is not serious or practical; or

(b) Shows on its face a complete lack of substance or merit.

(11) "Informal resolution" means the process by which an inmate seeks relief for a complaint from facility staff under this chapter other than through the ARP.

(12) "Inmate " means an individual committed to the custody of the Commissioner and housed in a Division of Correction or Patuxent Institution correctional facility.

(13) "Malicious" means an act that is spiteful, shows ill will, or demonstrates intent to cause harm.

(14) "Managing official" means the warden or other individual responsible for the management of a correctional facility.

(15) "May not" means an absolute prohibition and does not imply discretion.

(16) "Procedural dismissal on preliminary review " means the administrative refusal to accept, investigate, or process an inmate complaint under the ARP, because the inmate's complaint:

(a) Exceeds time limits for filing the complaint;

(b) Does not provide required or sufficient information;

(c) Is incomplete; or

(d) Is determined to be frivolous or malicious.

(17) "Remedy" means an action to resolve conditions or circumstances that resulted in an inmate complaint under this chapter.

(18) "Working day" means a day of the week excluding weekend days, State holidays, or days on which State offices are closed.

Md. Code Regs. 12.02.28.02

Regulation .02 adopted effective 45:5 Md. R. 286, eff. 3/12/2018