Md. Code Regs. 12.03.01.06

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

Section 12.03.01.06 - Pre-Disciplinary Proceeding Procedures - Service of Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form or Notice of Offer of Informal Resolution Form

A. Staff shall serve a defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form before the defendant appears before a hearing officer.

B. Staff Service Responsibilities.

(1) Staff assigned to serve a defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Re solution form shall:

(a) Serve the applicable forms on the defendant within 24 hours of the final review of the shift supervisor or, if applicable, the shift commander.

(b) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form.

(c) Retain possession of and not provide the defendant with an attachment or other evidence submitted with the Notice of Inmate Rule Violation form, which may include, but may not limited to, a:

(i) Report;

(ii) Document;

(iii) Record;

(iv) Form;

(v) Documented verbal or written statement;

(vi) Photograph;

(vii) Video;

(viii) Telephone conversation; or

(ix) Evidence related to the reported event, the inmate rule violation charged, or reported conduct of the defendant.

(d) Forward an attachment and other evidence submitted with the Notice of Inmate Rule Violation form to, if designated, the facility representative or staff designated by the managing official, or a designee, who shall:

(i) Maintain the attachment and other evidence in a secure location designated by the shift supervisor or, if applicable, the shift commander; and

(ii) Present the attachment and other evidence at the time the defendant appears before the hearing officer for a preliminary review.

(2) When serving a defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form staff, unless prevented by a security or safety issue or a time constraint, shall:

(a) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form and provide the defendant the opportunity to:

(i) Read the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(ii) Request representation or witnesses on the facility's copy of the Notice of Inmate Disciplinary Hearing form;

(iii) Request evidence on the facility's copy of the Notice of Inmate Disciplinary Hearing form; and

(iv) Sign for receipt of the defendant's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the facility's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(b) If applicable, make a record of any cause that may prevent service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(c) Sign the name of the staff member performing the service and date as a record of service in the designated section on the facility's copy of the Notice of Inmate Disciplinary Hearing form and Notice of Inmate Disciplinary Hearing form;

(d) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form; and

(e) Return the facility's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form to the shift supervisor or, if applicable, the shift commander.

(3) If the defendant is being served with a Notice of an Offer of Informal Resolution form, staff serving the defendant shall permit the defendant to accept or reject the offer of information resolution and sign Notice of an Offer of Informal Resolution form accordingly as a record of the defendant's decision to accept or reject the offer.

(4) If the defendant rejects an offer of informal resolution, staff shall permit the defendant the opportunity to request representation, witnesses, and or evidence on the Notice of Inmate Disciplinary Hearingform.

C. The Defendant Responsibilities at the Time of Service of a Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form or Notice of Offer of Informal Resolution Form.

(1) The defendant shall notify staff serving Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form if the defendant is unable to read or understand the document.

(2) The defendant, at the time of service, shall:

(a) Sign for receipt of the defendant's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearingform or Notice of Offer of Informal Re solution form;

(b) Provide notice at service of the defendant's request for representation, a witness, or evidence for the purpose of the defendant's possible case presentation during the formal disciplinary proceeding on the Notice of Inmate Disciplinary Hearingform;

(c) Sign and date the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearingform or Notice of Offer of Informal Resolution form in the designated section of the facility's copy; and

(d) Return the facility's copy of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form to the staff serving the document.

(3) Request for Representation, Witness, Evidence.

(a) If the defendant does not request a representative specifically by name, a witness or witnesses specifically by name, and evidence with a specific description of that evidence at the time of service, or does not sign for receipt of Notice of Inmate Disciplinary Hearing form, the defendant is considered to have waived the defendant's right to make the request for a representative, witness or evidence; and

(b) If the defendant does not request as specified under §C(2) (b) or C(3) (a) of this regulation and subsequently makes a request for a representative, a witness, or evidence at the preliminary hearing or formal disciplinary proceeding before a hearing officer, that request may be denied.

D. After service of a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form staff shall return the appropriately endorsed documents to the shift supervisor or, if applicable, shift commander, who shall review the facility's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearingform and:

(1) Ensure that the service process been properly completed;

(2) Ensure that the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form were not altered by the defendant;

(3) Take the appropriate steps to secure and preserve evidence properly requested by the defendant at service if that evidence is available and under control of the Department; and

(4) Forward the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form to staff designated for scheduling the defendant for an appearance before a hearing officer.

E. Delay and Waiver of Service.

(1) Good cause shall permit the delay of the service of the defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearingform.

(2) Examples of good cause are, but may not be limited to, when the defendant is:

(a) An escapee;

(b) A patient in a community hospital or medical center;

(c) A patient in a facility medical infirmary or unit;

(d) Assigned to a mental health housing unit in the community or in the facility; or

(e) Placed on staff alert status due to being deemed an immediate risk to the safety or security of staff.

(3) A defendant may be served with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form while the defendant is a medical or mental health patient, if medical or mental health staff in charge of care for the defendant determine the defendant may be served.

(4) When there is good cause that delays service designated staff shall:

(a) Serve the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant within 3 business days after the cause for delay of service no longer exists;

(b) Make a record of the cause that delayed service; and

(c) Inform the hearing officer of the cause for delay if the delay is raised at the defendant's appearance before the hearing officer.

(5) The defendant's refusal to sign for receipt of service shall be considered a waiver of the Department's obligation for timely service of the defendant with a copy of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form.

(6) If the defendant does not return at service the facility's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form to the staff serving the documents, that action is concluded to be a waiver of the service requirements under this regulation.

(7) If the defendant becomes disruptive with or poses a security or safety threat to staff serving the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, staff shall conclude under this regulation that the defendant has waived the service process and terminate the service by leaving a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form with the defendant.

(8) If service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form is waived by the defendant under provisions of §§E(5) - (7) of this regulation, the defendant is considered to have waived the right to request representation, witnesses, or evidence at any point in the inmate disciplinary process.

Md. Code Regs. 12.03.01.06

Regulation .06 adopted effective 45:13 Md. R. 668, eff. 7/2/2018