Md. Code Regs. 12.03.01.23

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

Section 12.03.01.23 - Disciplinary Proceeding Procedures - Sanction Phase - Imposing a Sanction

A. If the hearing officer renders a decision that the defendant is guilty of the inmate rule violation charged, the hearing officer shall permit the defendant or defendant's representative and the facility representative the opportunity to present arguments on the possible sanction or sanctions for the inmate rule violation for which the defendant was found guilty (If the defendant is represented, the representative, and not the defendant, shall present the argument for or against sanctions).

B. The hearing officer shall inform the defendant or defendant's representative and the facility representative of the:

(1) Sanction imposed; and

(2) Period and effective date of the sanction imposed.

C. A sanction imposed becomes effective on the date determined by the hearing officer.

D. A sanction may include:

(1) Disciplinary segregation housing;

(2) Cell or bunk restriction;

(3) Revocation of earned good conduct or special project credits, or both, that may:

(a) Be applied to a sentenced inmate; and

(b) Except as provided in Regulation .25 of this chapter, be applied to a non-sentenced defendant later sentenced regardless of when the conduct underlying the inmate rule violation charged occurred or when the sanction was imposed.

(4) Suspension of an inmate privilege established by the Department or facility;

(5) Restitution;

(6) Reprimand; or

(7) Sanitation assignment.

E. The hearing officer when imposing a sanction or the period of the sanction may consider either aggravating or mitigating factors associated with the inmate rule violation resulting in a guilty finding or informal disposition to either enhance or reduce the severity of the sanction and or period of the sanction.

F. The hearing officer prior to imposing a sanction and period of the sanction shall weigh and consider the defendant's inmate rule violation history as documented by the defendant's case record covering the:

(1) Current period of incarceration; and

(2) Previous period or periods of incarceration prior to the current incarceration.

G. Except as provided in Regulation .25 of this chapter, all sanctions, including loss of earned credits, may be applied to the current term of confinement even if the conduct underlying the conviction occurred on a previous term of confinement or while the defendant was classified as a pre-trial inmate.

H. A sanction being served by a defendant shall be suspended and subsequently resumed at the time when the defendant:

(1) Has been released from the custody of a Department correctional facility upon expiration of sentence, release on mandatory supervision, parole, or by order of court, and is later returned to the custody of a Department correctional facility due to a new or outstanding court commitment or on warrant for a mandatory supervision or parole violation;

(2) Was temporarily out of custody due to an escape, erroneous release, or medical or mental health admission and is later returned to the custody of a Department correctional facility; or

(3) Is under the custody and supervision of another jurisdiction or agency due to security reasons, on a detainer, or writ, and is later returned to the custody of the Department.

Md. Code Regs. 12.03.01.23

Regulation .23 adopted effective 45:13 Md. R. 668, eff. 7/2/2018