Md. Code Regs. 12.02.28.03

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

Section 12.02.28.03 - Organization and Responsibilities

A. The Commissioner, or a designee, is responsible for:

(1) Oversight of the ARP;

(2) Ensuring that a managing official properly applies ARP policy and procedures authorized under this chapter;

(3) Designating a Headquarters ARC;

(4) Designating Headquarters staff to investigate or delegate ARP investigative responsibilities authorized under this chapter;

(5) Responding to appeals with in the established time frame; and

(6) Reviewing ARP decisions on appeal from the correctional facility level.

B. The Headquarters ARC is responsible for:

(1) Managing ARP duties at the Headquarters level;

(2) Ensuring that Headquarters staff perform and complete ARP assignments according to requirements under this chapter;

(3) Reporting to the Commissioner, or a designee, compliance issues related to the ARP;

(4) Processing ARP appeals within the established timeframe;

(5) Receiving, acknowledging, and directing investigations related to an ARP appeal;

(6) Maintaining documents and records related to the ARP;

(7) Developing and implementing training programs for investigators and ARCs structured to facilitate the ARP; and

(8) Ensuring facility compliance with requirements of this chapter by auditing correctional facility activities related to inmate complaints.

C. A managing official, or a designee, is responsible for:

(1) Oversight of and compliance with procedures to resolve inmate complaints at the managing official's correctional facility;

(2) Designating a facility ARC and an alternate facility ARC from the following positions:

(a) Case management specialist; or

(b) Correctional officer;

(3) Ensuring that facility staff are aware of the ARP by:

(a) Providing each new employee with an Administrative Remedy Procedure Fact Sheet for new employees;

(b) Having the new employee sign a receipt for the Administrative Remedy Procedure Fact Sheet for New Employees; and

(c) Having the signed receipt placed in the employee's facility personnel file;

(4) Ensuring that staff attempt to resolve inmate complaints at the lowest possible level;

(5) Responding to inmate complaints within the established timeframe; and

(6) Ensuring that the Introduction to the Administrative Remedy Procedure form is read to the inmate as part of inmate orientation and included in the inmate handbook.

D. A facility ARC is responsible for:

(1) Processing ARP complaints at the ARC's facility in accordance with established procedures and within the required time frame;

(2) Ensuring that facility staff complete ARP related duties in accordance with established procedures;

(3) Maintaining documents and records related to resolving inmate complaints under this chapter;

(4) Reporting ARP non-compliance issues to the managing official;

(5) Ensuring that ARP forms are available from case management, housing unit officers, and the inmate library; and

(6) Ensuring that appropriate accommodations are made for an inmate with limited English proficiency or a disability that affects the inmate's ability to file a complaint under the ARP in accordance with Department procedures.

E. A unit liaison:

(1) Is an employee assigned by the managing official, or a designee, to be the ARC's point of contact in the unit investigating an ARP complaint; and

(2) When assigned an ARP investigation, shall conduct or reassign the investigation to an employee in the same unit.

F. An individual designated to investigate an ARP complaint under this chapter shall:

(1) Thoroughly investigate the complaint using the Administrative Remedy Procedure Case Summary form; and

(2) Complete the assigned investigation and forward documentation to the ARC assigning the investigation within the time limit established for the investigation.

G. The managing official, or a designee, shall ensure that:

(1) Forms required by an inmate to request resolution of a complaint under this chapter are available to the inmate; and

(2) If requested, the inmate is provided appropriate assistance with reading and completing the form.

Md. Code Regs. 12.02.28.03

Regulation .03 adopted effective 45:5 Md. R. 286, eff. 3/12/2018