Md. Code Regs. 12.03.01.10

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

Section 12.03.01.10 - Disciplinary Proceeding Procedures - Facility Representative

A. A managing official, or a designee, may elect to designate staff to act as the facility representative to represent the facility's interests during a defendant's disciplinary proceeding.

B. The facility representative, with or without consultation with the shift supervisor or commander, may:

(1) Add additional inmate rule violation charges to the Notice of Inmate Rule Violation form and re-serve the Notice of Inmate Rule Violation form on the defendant either before the disciplinary proceeding or in the preliminary phase of the disciplinary proceeding;

(2) Delete or choose not to pursue charges approved by the shift supervisor or commander;

(3) Correct a technical, procedural, evidentiary, or formatting error found in the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form;

(4) Return the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form to the shift supervisor or shift commander for correction or revision;

(5) Offer an informal resolution to the defendant for any Category III, TV, or V inmate rule violation charged;

(6) Enter into a plea agreement with the defendant for presentation to the hearing officer to resolve the inmate rule violation charged;

(7) Make determinations regarding the release or withholding of the identity of a confidential informant or other security sensitive evidence;

(8) Present argument and evidence to the hearing officer in support of the facility's case presentation as to the defendant's inmate rule violation charged;

(9) Require staff to submit additional reports or present staff to testify concerning information relevant to the defendant's inmate rule violation charged as a witness during the facility's case presentation; and

(10) Appeal to the managing official, or a designee, the hearing officer's decision rendered or sanction imposed if there is cause to believe the hearing officer under this chapter acted erroneously.

C. For the purposes of the security and control of a defendant's disciplinary proceeding and safety of staff and inmates participating in a disciplinary proceeding, the facility representative or escort officer shall determine the manner and form in which an inmate participant shall be restrained consistent with Department policy and procedure and the policy and procedures established by the facility in which the inmate participant is housed.

(1) The facility representative or escort officer may employ more restrictive handcuffing or other restraint procedures than are required by the rules of the facility.

(2) The hearing officer may request additional handcuffing or other restraints be used.

Md. Code Regs. 12.03.01.10

Regulation .10 adopted effective 45:13 Md. R. 668, eff. 7/2/2018