Md. Code Regs. 12.03.01.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 12.03.01.03 - Inmate Compliance Requirements, and Time and Procedure Requirements - General

A. Inmate Compliance Requirement.

(1) An inmate shall comply with a rule, policy, procedure, regulation, or statute or other provision of law that may have been enabled by or for:

(a) A government;

(b) The Department;

(c) The facility to which the inmate is assigned;

(d) An authority where the inmate may be located, in the custody of, assigned to, or housed when outside the facility, in the community, or a location other than in the Department; or

(e) The program to which the inmate may be assigned or is voluntarily participating.

(2) Inmate compliance under §A(1) of this regulation or noncompliance under §B of this regulation shall be applicable to the inmate at all times in:

(a) The community;

(b) The Department;

(c) A facility;

(d) A Program; or

(e) A location or custody and supervision of another entity, agency, or jurisdiction.

B. Inmate Non-Compliance.

(1) An inmate found not to be in compliance, as required under §§A(1) and (2) of this regulation, or suspected of, or alleged by staff as having committed an inmate rule violation under Regulation .04 of this chapter shall be subject to:

(a) The inmate disciplinary process; and

(b) A sanction in accordance with this chapter when found guilty of the inmate rule violation charged or as part of an informal disposition of an inmate rule violation charged.

(2) The act of soliciting, conspiring to commit or attempting to commit an inmate rule violation, or aiding, assisting, or facilitating the commission of an inmate rule violation, whether under Regulation .04 of this chapter or stated as a facility inmate rule violation, shall:

(a) Constitute the commission of that inmate rule violation by the inmate; and

(b) Subject the defendant to the prescribed sanctions for that inmate rule violation charged in accordance with the provisions of this chapter.

C. Time and procedure requirements in this regulation:

(1) Establish a standard for staff that provides for the administration and management of inmate discipline in a correctional or detention facility, the home detention program, or in the community under the authority of the Department; and

(2) Neither create nor convey an enforceable inmate:

(a) Right;

(b) Entitlement;

(c) Benefit; or

(d) Interest.

(3) An inmate's disciplinary conviction under the inmate disciplinary process may not be affected or disturbed by the denial, non-compliance with, delay, or failure by staff to carry out, provide for, or meet a time or procedural requirement in this regulation and the inmate rule violation or violation charged may not be dismissed unless the defendant can demonstrate that the violation of the time or procedure requirement:

(a) Was not based on good cause; and

(b) Substantially harmed the defendant's ability to make a relevant case presentation regarding the inmate rule violation charged.

(4) Time or Procedure Violation.

(a) A defendant's allegation of harm due to a time or procedure violation not specifically related to the defendant's ability to make a case presentation may not be cause for a dismissal or a not guilty finding of the inmate rule violation charged.

(b) Examples of harm that may not affect a disciplinary conviction include, but are not limited to, issues relating to:

(i) Time spent on administrative segregation pending a disciplinary proceeding;

(ii) Removal from or missed time from a work or program assignment;

(iii) Reduced facility privileges;

(iv) Security level determinations, transfers, or other case management decisions; or

(v) Parole decisions or consideration.

D. Contraband may be charged as a single inmate rule violation or in conjunction with other inmate rule violations that may include, but are not limited to:

(1) A weapon;

(2) An unauthorized substance, drug, intoxicant, alcohol, or control dangerous substance;

(3) A telecommunication device;

(4) A security item;

(5) Tobacco; or

(6) Currency.

E. An inmate may be charged with and found guilty of multiple inmate rule violations for the same reported conduct.

F. Battery.

(1) A charge of "battery" under Regulation .04C(3) of this chapter may not be automatically excused by a claim of "self-defense ".

(2) A hearing officer may permit a claim of "self-defense " to be considered in the disposition of a charge of battery or the administration of sanctions.

(3) An inmate is not entitled to a claim of "self-defense " and a hearing officer is not required to accept a claim of "self-defense ".

(4) An inmate is required to retreat from a threat if at all possible or a claim of self-defense may not be raised.

G. A charge of "Refuse" to accept work or housing under regulation .04 §G(2) may not be excused by the defendant's unsubstantiated claim of a perceived danger or threat of harm.

H. Consent - Sexual Act and Sexual Conduct.

(1) A defense of consent to a charge of a sexual act or sexual conduct may only be considered in an act between a defendant and a Department staff member.

(2) If the hearing officer finds that the involved staff member did consent to the sexual act or sexual conduct, the defendant may not be found guilty of an inmate rule violation charged.

(3) If the hearing officer finds that the defendant engaged in a sexual act or sexual conduct with the staff member without the staff member's consent, a finding of guilt may be entered.

(4) A defense of consent may not be considered when the sexual act or sexual conduct occurs between inmates or inmates and non-Departmental staff.

Md. Code Regs. 12.03.01.03

Regulation .03 adopted effective 45:13 Md. R. 668, eff. 7/2/2018