Md. Code Regs. 12.03.01.18

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

Section 12.03.01.18 - Disciplinary Proceeding Procedures - Preliminary and Evidentiary Phases - Confidential Informant Information

A. An individual providing information regarding the defendant's inmate rule violation charged may be identified as a confidential informant witness when there is cause to believe that identifying the individual to the defendant is a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual.

B. A hearing officer may not reveal the identity of a confidential informant witness.

C. If a hearing officer is provided with testimony, a written statement, or a report referring to information received from a confidential informant witness, the hearing officer:

(1) May not share the testimony or documented statement of the confidential informant witness with a defendant or the defendant's representative;

(2) May not reveal the identity of the confidential informant witness to the defendant or the defendant's representative;

(3) May not permit the confidential informant witness to be called as a requested witness at the defendant's disciplinary proceeding by a defendant, defendant's representative, if designated, the facility representative, or facility staff; and

(4) May provide to the defendant or defendant's representative an oral summary of the confidential informant witness's testimony or documented statement that is not specific in detail so as to identify the confidential informant witness.

D. The facility representative, if applicable, or staff may provide the defendant with a written summary of the confidential informant witness's testimony or documented statement that is not specific in detail so as to identity the confidential informant witness.

E. The hearing officer shall consider the information provided by the confidential informant witness to determine the credibility and reliability of the information provided.

F. Information provided by a confidential informant witness shall be concluded to be sensitive and maintained in a sealed record for only staff with a need to know to access the information or the identity of the confidential informant witness.

G. The identity of a confidential informant witness or any information that may identify a confidential informant witness, may not be released to any agency that maintains records that are a matter of public record without a court order or authorization from the Office of the Attorney General, Secretary, or a designee.

H. When the hearing officer concludes that an individual identified by staff as a confidential informant witness does not meet the requirements to be classified as a confidential informant witness, the following shall apply:

(1) The hearing officer shall postpone the disciplinary proceeding.

(2) The hearing officer shall inform the facility representative, if designated, or facility staff of the hearing officer's conclusion.

(3) The facility representative, if designated, or facility staff shall inform the managing official, or a designee, of the hearing officer's conclusion.

(4) If the managing official, or designee, agrees with the hearing officer, facility staff shall schedule the defendant for an appearance before a hearing officer and reveal the identity of the witness.

(5) If the managing official, or a designee, disagrees with a hearing officer's conclusion, the managing official, or designee, may appeal the hearing officer's decision to the Secretary, or a designee.

(6) Upon receipt of the Secretary's, or a designee's, decision regarding the appeal under §H(5) of this regulation, the facility representative, if designated, or facility staff shall schedule the defendant for an appearance before a hearing officer and all hearing participants, including the hearing officer, shall abide by the decision of the Secretary, or a designee.

Md. Code Regs. 12.03.01.18

Regulation .18 adopted effective 45:13 Md. R. 668, eff. 7/2/2018