Md. Code Regs. 12.03.01.20

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

Section 12.03.01.20 - Disciplinary Proceeding Procedures - Preliminary Phase - Defendant Plea

A. Before concluding the preliminary phase of the defendant's disciplinary proceeding, the hearing officer shall request a plea from the defendant as to each inmate rule violation charged.

B. The Plea.

(1) When entering a plea for each inmate rule violation charged, the defendant may enter only one of the following for each inmate rule violation charged:

(a) Guilty;

(b) Not Guilty;

(c) Not Competent; or

(d) No plea.

(2) Guilty Plea. If the defendant enters a guilty plea to the inmate rule violation charged, the hearing officer, before accepting the guilty plea, shall determine the defendant understands that the guilty plea is:

(a) A waiver by the defendant of the inmate disciplinary process and appeal rights;

(b) An admission by the defendant that the defendant committed the inmate rule violation charged; and

(c) An affirmation that the defendant's guilty plea is voluntary.

(3) If the hearing officer accepts the plea of guilty, the hearing officer shall proceed to the sanction phase of the defendant's disciplinary proceeding.

(4) Once the hearing officer accepts the guilty plea, the defendant is considered to:

(a) Waive a claim that there was a delay, an error, or a denial of a time or procedural requirement applicable to the inmate disciplinary process;

(b) Admit to committing the inmate rule violation charged;

(c) Waive a claim that there was a due process or statutory requirement violation applicable to the inmate disciplinary process;

(d) Waive a claim of an evidentiary error; and

(e) Waive a claim that the conviction is not supported by substantial evidence.

(5) The hearing officer upon accepting the defendant's guilty plea to an inmate rule violation charged shall determine the sanction, period of the sanction, and effective date of the sanction to impose.

(6) If the hearing officer does not accept the guilty plea, the hearing officer shall proceed with the case presentation phase of the defendant's disciplinary proceeding.

(7) Not Guilty Plea. If the defendant enters a not guilty plea for an inmate rule violation charged, the hearing officer shall:

(a) Conclude the defendant denies committing the inmate rule violation charged;

(b) Enter the not guilty plea in the written and audio records of the defendant's disciplinary proceeding; and

(c) Proceed with the case presentation phase of the defendant's disciplinary proceeding.

(8) Not Competent. If the defendant enters a plea of Not Competent, the hearing officer or facility representative, if designated, or facility staff shall postpone the case, if necessary, and contact the facility's mental health staff and request that staff determine whether the defendant is competent to participate in the disciplinary proceeding and whether the defendant was competent to understand and control the alleged behavior at the time of the offense.

(9) No Plea. If the defendant does not enter a plea to an inmate rule violation charged, the hearing officer shall enter a Not Guilty plea on behalf of the defendant and proceed in accordance with §B(7) of this regulation.

C. Plea Agreement.

(1) The hearing officer or facility representative, if designated, or facility staff and the defendant, or defendant's representative may enter into a plea agreement to resolve the inmate rule violation charged.

(2) The use of a plea agreement is discretionary and voluntary, and the plea agreement is not required to be offered or accepted by the hearing officer, staff, or defendant.

(3) The use of a plea agreement permits the facility representative, if designated, facility staff, shift supervisor or shift commander, hearing officer, or the defendant or defendant's representative to propose a plea agreement to resolve the inmate rule violation charged that shall include:

(a) A guilty plea or acceptance of an informal resolution by the defendant to one or more of the inmate rule violations charged; and

(b) The sanction, period of the sanction, and effective date of the sanction applicable to the inmate rule violation found guilty or disposed of informally.

(4) The facility representative, if designated, facility staff, shift supervisor or shift commander, or hearing officer is not obligated to offer a plea agreement to or consider a proposed plea agreement by the defendant or defendant's representative.

(5) The hearing officer is not obligated to accept all or part of the proposed plea agreement including the defendant's guilty plea, sanction, or period of sanction to be imposed for the inmate rule violation charged.

(a) The hearing officer is not obligated to accept the sanction recommended; and

(b) The hearing officer may accept the guilty plea, but increase the period of the sanction recommended and add additional sanctions.

(6) A plea agreement may be offered at any time before or during the preliminary hearing or before or during the case presentation portion of the disciplinary proceeding.

Md. Code Regs. 12.03.01.20

Regulation .20 adopted effective 45:13 Md. R. 668, eff. 7/2/2018