Md. Code Regs. 12.03.01.05

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

Section 12.03.01.05 - Pre-Discipttnary Proceeding Procedures - Pre-Disciplinary Proceeding Phase - Investigating and Reporting an Inmate Rule Violation

A. Investigation.

(1) Staff shall initiate an investigation when there is cause to believe that an inmate is non-compliant and has committed an inmate rule violation.

(2) As part of the investigation, staff shall attempt to:

(a) Determine the facts and circumstances of the event;

(b) Identify the inmate's alleged conduct and inmate rule violation committed;

(c) Identify a witness who may have factual knowledge of the reported event and alleged inmate rule violation; and

(d) Identify, secure, and preserve evidence regarding the reported event and the alleged inmate rule violation.

(3) An investigation under this regulation may include, but not be limited to:

(a) A verbal or written event report to the shift supervisor or commander; or

(b) An investigation that requires a period of time to:

(i) Interview a witness;

(ii) Gather evidence;

(iii) Determine the facts of the event as to what occurred;

(iv) Identify individuals involved; and

(v) Select the possible inmate rule violation or violations under Regulation .04 of this chapter to be charged.

B. Reporting an Inmate Rule Violation.

(1) Upon completion of the investigation under §A of this regulation, when staff determines that an inmate allegedly violated an inmate rule or rules under this chapter, staff shall use a Notice of Inmate Rule Violation form to report the inmate rule violation.

(2) If an inmate is alleged to commit an inmate rule violation, the reporting staff shall, within 1 calendar day of the completion of the required investigation:

(a) Complete the reported facts section of the Notice of Inmate Rule Violation form; and

(b) Forward the completed Notice of Inmate Rule Violation form to the shift supervisor.

C. Shift Supervisor Review.

(1) Upon receipt of a Notice of Inmate Rule Violation form, the shift supervisor, shall review:

(a) The defendant's Notice of Inmate Rule Violation form;

(b) Administrative reports submitted in connection with the event; and

(c) Attachments or other evidence that may have been submitted by staff regarding the inmate's alleged inmate rule violation.

(2) After conducting the review, the shift supervisor shall:

(a) Return the Notice of Inmate Rule Violation form to reporting staff if the Notice of Inmate Rule Violation form is defective or in error and requires correction, addition, or deletion requiring staff to provide the shift supervisor with the corrected Notice of Inmate Rule Violation form;

(b) Determine the inmate rule or rules with which the defendant is to be charged;

(c) Make a recommendation to the shift commander that the defendant be housed in administrative segregation pending the outcome of the defendant's disciplinary proceeding, if the shift supervisor believes that the conduct alleged in the reported event or the defendant's disciplinary history constitutes a threat to the:

(i) Security of the facility, Department, or community; or

(ii) Safety of an inmate, staff, or an individual;

(d) Record the inmate rule violation or violations charged in the Notice of Inmate Rule Violation form and:

(i) If the defendant is charged with a Category IA, IB, or II inmate rule violation, refer the case to a hearing officer for a formal disciplinary proceeding; or

(ii) If the defendant is charged with only a Category III, IV, or V violation, refer the case to a hearing officer for a disciplinary proceeding, or offer the defendant an informal resolution.

(3) If the shift supervisor recommends placing the defendant in administrative segregation under §C(2)(c) of this regulation, forward the completed Notice of Inmate Rule Violation form to the shift commander for review.

D. Shift Commander Review.

(1) Upon receipt of a recommendation in accordance with §C(3) of this regulation, the shift commander shall review the recommendation and determine if there is cause to believe the defendant is or is not a threat to the:

(a) Security of the facility, Department, or community; or

(b) Safety of an inmate, staff, or an individual.

(2) If the shift commander finds there is cause to believe there is a security or safety threat posed by the defendant's reported conduct, inmate rule violation charged, or the defendant's disciplinary history, the shift commander shall approve placing the defendant on administrative segregation housing status and indicate the approval on the Notice of Inmate Rule Violation form.

(3) Additionally, the shift commander may:

(a) Review the defendant's Notice of Inmate Rule Violation form; and

(b) Exercise the same options authorized for a shift supervisor under §C of this regulation.

E. Completion of Review. - The shift supervisor's review required under §C of this regulation and, if required, a shift commander's review under §D of this regulation shall be completed within 1 calendar day of the date that the last draft of the reported facts section was accepted.

F. Redrafting Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form.

(1) A shift supervisor, shift commander, or facility representative reviewing a Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form may direct the staff submitting the form to make corrections, additions, deletions, or other changes to the form or other documentation submitted with the form prior to or after service of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form on the defendant.

(2) Except under §F(3) of this regulation, if staff determines that the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form is technically in error or evidentially insufficient after the defendant has been served a copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form, staff shall:

(a) Prepare a new or revised Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form that supersedes the previously served Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form and:

(i) Correct an error; or

(ii) Provide omitted or additional information; and

(b) Ensure that the new or revised Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form is served on the defendant in accordance with the service process under this chapter.

(3) To correct a minor error or omission to a Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form (for example a name or date or the absence of a signature or date) or attach new or additional information, staff may complete a matter of record form, memorandum, or correspondence addressed to and received by the defendant explaining the correction or providing a copy of the new or additional information.

G. Referral for Informal Resolution.

(1) If a shift supervisor, shift commander, facility representative, or hearing officer determine that a defendant charged only with Category III, IV or V violations should be offered an informal resolution, the defendant may be offered either an:

(a) Informal disposition with a sanction; or

(b) Incident report without sanction.

(2) The shift supervisor, shift commander, facility representative, hearing officer, or any other staff is not required to offer a defendant charged with only a Category III, TV, or V inmate rule violation an informal resolution.

(3) An informal resolution may be offered any time before the completion of a formal disciplinary proceeding before a hearing officer including, but not limited to, before or during the preliminary hearing or case presentation portion of the disciplinary proceeding before the hearing officer.

(4) A defendant is not required to accept an informal resolution and may reject the offer and request a formal disciplinary proceeding before a hearing officer.

(5) A defendant's acceptance of an offer of an informal resolution shall mean the defendant accepts and agrees with the:

(a) Waiver of the formal disciplinary proceeding under the inmate disciplinary process;

(b) Offer of informal resolution;

(c) Proposed sanction, if applicable;

(d) Placement of the defendant's Notice of Inmate Rule Violation form and Notice of Informal Resolution form in the defendant's case record; and

(e) Waiver of the right to appeal the informal resolution disposition for each inmate rule violation charged.

(6) The defendant's acceptance of a hearing officer's offer of an informal resolution on the audio record of the defendant's disciplinary proceeding shall constitute the defendant's acceptance of and agreement with the offer.

(7) A defendant's refusal to accept an offer of informal resolution shall be the defendant's:

(a) Rejection of the offer of informal resolution; and

(b) Request for the hearing officer to proceed with a formal disciplinary proceeding under the inmate disciplinary process to resolve the inmate rule violation charged.

(8) If the managing official, or a designee, believes the offer of informal resolution made to the defendant is in error, the managing official, or a designee, may remand the matter to the hearing officer assigned to the facility for a review.

(9) A hearing officer receiving a remanded informal resolution shall determine if the informal resolution is in compliance with requirements for informal resolution and if finding that the informal resolution is:

(a) Not permitted, proceed with the defendant's disciplinary proceeding; or

(b) Permitted, affirm the informal resolution and conclude the defendant's disciplinary proceeding.

Md. Code Regs. 12.03.01.05

Regulation .05 adopted effective 45:13 Md. R. 668, eff. 7/2/2018