Md. Code Regs. 12.03.01.08

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

Section 12.03.01.08 - Pre-Disciplinary Proceeding Procedure - Mental Health Hearing Docket

A. If the defendant is assigned to a mental health unit in the facility or in the community, staff designated to schedule a hearing shall hold the defendant's appearance before the hearing officer in abeyance until the defendant is released from the mental health treatment facility, except when mental health staff provide documentation that the defendant is competent to participate in a disciplinary proceeding.

B. If the defendant is housed in a facility mental health unit for more than 30 calendar days, staff designated to schedule a hearing shall contact the facility's mental health staff and request a determination whether the defendant is competent to participate in a disciplinary proceeding and if mental health staff document that the defendant:

(1) Is competent to participate in a disciplinary proceeding, the defendant shall be scheduled for appearance before the hearing officer.

(2) Was not competent at the time of the alleged inmate rule violation or is not currently competent to participate in a disciplinary proceeding, or is housed in a community mental health unit for more than 30 calendar days:

(a) The disciplinary proceeding shall be scheduled in absentia; and

(b) The hearing officer shall enter a disposition of "Not Competent" and the disciplinary proceeding shall be concluded.

C. The hearing officer shall find that there is good cause for staff non-compliance with time or procedure requirements when the defendant is housed in a community or facility mental health unit.

D. Whether or not the defendant is currently under the care of mental health staff, if there is cause to believe that the defendant may not be mentally competent and is unable to participate in the inmate disciplinary process, the hearing officer shall postpone the disciplinary proceeding and the facility representative or other facility staff shall refer the defendant to the Department's mental health staff to:

(1) Assess the defendant's mental health status; and

(2) Determine whether the defendant is competent to participate in the disciplinary process.

E. If mental health staff determines that the defendant is not competent to participate in the inmate disciplinary process, the:

(1) Disciplinary proceeding shall be held in absentia; and

(2) Hearing officer shall enter a disposition of "Not Competent" and conclude the disciplinary proceeding.

F. If mental health staff determines that the defendant is competent to participate in the inmate disciplinary process, the hearing officer shall proceed with the disciplinary proceeding.

G. If mental health staff determines that the defendant is competent, and after carefully considering the determination made by mental health staff, the hearing officer disagrees, the hearing officer may still make a finding that the defendant is not competent and, upon making such a finding, enter a disposition of "Not Competent" and conclude the disciplinary proceeding.

Md. Code Regs. 12.03.01.08

Regulation .08 adopted effective 45:13 Md. R. 668, eff. 7/2/2018