Md. Code Regs. 12.03.01.17

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

Section 12.03.01.17 - Disciplinary Proceeding Procedures - Preliminary Review - Witness Request

A. The defendant charged with an inmate rule violation or, if designated, the facility representative or facility staff may make a request that an individual appear as a witness to testify during the case presentation phase of the defendant's disciplinary proceeding.

B. Defendant Request for a Witness.

(1) When served with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the defendant is required to list the name of the defendant's requested witness in the section of the facility's copy of the Notice of Inmate Disciplinary Hearing form designated for the name of a witness.

(2) The defendant's failure to list a requested witness by name shall be a waiver of the opportunity to request a witness.

C. A facility representative, if designated, or facility staff shall be responsible for informing the hearing officer of the facility's witness request during the preliminary review.

D. A hearing officer may request the testimony of a witness at any point in the disciplinary proceeding.

E. During the preliminary review of the defendant's Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the hearing officer shall consider a defendant's request for a witness.

(1) The hearing officer shall solicit a proffer from the defendant to determine the relevancy of the testimony in relation to the inmate rule violation charged.

(2) Based on the given proffer, a hearing officer shall permit a witness to testify if the witness' testimony is:

(a) Relevant;

(b) Not repetitive or cumulative to evidence already in the record of the disciplinary proceeding or to the proffered testimony of another witness; and

(c) Not a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual.

(3) A witness otherwise allowed under this regulation may be denied if there is reasonable belief that the witness's testimony would constitute a threat to security of the facility, Department, or community, or safety of an inmate, staff, or other individual.

F. The testimony of a witness may be taken in person, via video conferencing, or via conference call.

Md. Code Regs. 12.03.01.17

Regulation .17 adopted effective 45:13 Md. R. 668, eff. 7/2/2018