Md. Code Regs. 12.02.29.03

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

Section 12.02.29.03 - Classification

A. Initial Security Classification.

(1) Upon intake of a juvenile lifer to a Division correctional facility and in accordance with the procedures established in COMAR 12.02.24, a case manager shall use the Division's initial security classification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02.

(2) A Division case manager shall assign the juvenile lifer to the least restrictive security level consistent with the:

(a) Outcome of the security classification instrument;

(b) Identified risk and needs;

(c) Public safety; and

(d) Safe and orderly operation of the facility.

(3) After a juvenile lifer's initial classification, eligibility for a less restrictive security level that includes participation in an outside detail, a work release program, or specific programs shall be determined during the juvenile lifer's annual classification status review in accordance with the Case Management Manual and other applicable directives and regulations.

B. Security Reclassification and Status Review.

(1) A Division employee shall use the Division's security reclassification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02:

(a) Annually in accordance with the Case Management Manual and other applicable directives and regulations; or

(b) Upon the Maryland Parole Commission's request following a hearing conducted in accordance with the provisions established in COMAR 12.08.01 to improve a juvenile lifer's suitability for parole.

(2) A juvenile lifer, regardless of whether the juvenile lifer has a release date, shall be eligible for reclassification to a security level below medium security, if approved by the Commissioner, or a designee of the Commissioner.

(3) A Division employee shall presume that a juvenile lifer is permitted to be assigned to the least restrictive security level, if the juvenile lifer's score on the security reclassification instrument indicates eligibility for a less restrictive security level than the juvenile lifer's current classification.

(4) A Division employee may not apply the mandatory override in the security classification instrument that precludes a juvenile lifer from assignment to a security level below medium security.

(5) Any override of the security classification instrument requires the Division employee to:

(a) Document the reason for the override in the inmate's case record; and

(b) Provide the juvenile lifer with a written explanation of the reason for the decision.

(6) If the Commissioner, or the Commissioner's designee, denies a juvenile lifer assignment to a security level below medium security, the Commissioner, or the Commissioner's designee, shall:

(a) Document the reason for the denial in the inmate's case record; and

(b) Provide the juvenile lifer with a written explanation of the reason for the decision.

(7) In order to improve a juvenile lifer's suitability for parole, a case manager, the warden, and the Commissioner shall give significant weight to the requests or recommendations of the Maryland Parole Commission that a juvenile lifer be permitted to be assigned to a less restrictive security level or participate in specified inmate programming.

(8) A juvenile lifer may not lose a privilege, job, or housing assignment in order to undergo a risk assessment or security status review as requested by the Maryland Parole Commission.

Md. Code Regs. 12.02.29.03

Regulation .03 adopted effective 48:19 Md. R. 802, eff. 9/20/2021