Md. Code Regs. 12.03.01.28

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

Section 12.03.01.28 - Alternative Disciplinary Sanctions and Informal Disposition Sanctions

A. Privilege Suspension.

(1) Suspension of a defendant's Department or facility inmate privileges may be imposed as a sanction for an inmate rule violation of which the defendant was found guilty or as part of an offer of informal disposition.

(2) Suspension of Department or facility inmate privileges is based on the judgment of the hearing officer or staff offering the informal disposition.

(3) The hearing officer or staff may suspend a defendant's Department or facility inmate privileges as a sanction for the period specified under this regulation.

(4) Staff may:

(a) Only impose a sanction as part of an informal disposition agreed to by the defendant; and

(b) Not impose a sanction while the defendant is pending a disciplinary proceeding.

(5) A defendant may be placed on administrative segregation pending a disciplinary proceeding for safety or security reasons.

B. Informal Disposition or Alternative Disciplinary Sanctions.

(1) An informal disposition sanction or alternative disciplinary sanction is separate and distinct from the revoking of earned credits and disciplinary segregation as a sanction.

(2) The hearing officer or staff when offering a defendant an informal disposition shall include a sanction from the sanctions listed under §C of this regulation.

(3) The hearing officer may impose an alternative disciplinary sanction listed under §D of this regulation for the defendant's inmate rule violation resulting in a guilty finding.

(4) An alternative disciplinary sanction may be imposed independently of or in conjunction with:

(a) Another alternative disciplinary sanction;

(b) Revoking earned credits; or

(c) Disciplinary segregation.

C. Informal Disposition Sanctions. The following may be imposed as a sanction under an informal disposition:

(1) Reprimand;

(2) Sanitation assignment for a specific period up to but not to exceed 15 calendar days;

(3) Restitution;

(4) Suspension of any of the following privileges:

(a) Radio, compact disc or tape player, digital music player, video game player, television, telephone, or commissary, privileges excluding personal hygiene and legal correspondence items, for a specified period up to but not to exceed 30 calendar days;

(b) Catalog privileges for a specified period up to but not to exceed 180 calendar days;

(c) Visitation privileges, except legal and clergy, for a specified period up to but not to exceed 30 calendar days;

(d) A specified Department or facility inmate privilege not included in this regulation for a specified period up to but not to exceed 30 calendar days; or

(5) Cell restriction for a specified period up to but not to exceed 15 calendar days.

D. The following may be imposed as a sanction under an alternative disciplinary sanction:

(1) Reprimand;

(2) Sanitation assignment for a specified period up to but not to exceed 30 calendar days;

(3) Restitution;

(4) Suspension of any of the following privileges:

(a) Radio, compact disc or tape player, television, telephone, or commissary, excluding personal hygiene and legal correspondence items, privileges for a specified period up to but not to exceed 60 calendar days;

(b) Catalog privileges for a specified period up to but not to exceed 365 calendar days;

(c) Visitation privilege, except legal and clergy, for a specified period up to but not to exceed 60 calendar days; or

(d) A Department or facility privilege not included in this regulation for a specified period up to 60 calendar days;

(5) Cell restriction for a specified period up to but not to exceed 30 calendar days; or

(6) Restriction of visitation privilege, except for legal and clergy visitation, to immediate family members for a specified period of up to 180 calendar days.

E. Cell restriction under this regulation:

(1) Shall include a requirement that the defendant is restricted to a designated location and prohibited from participation in all Department or facility inmate privileges and activities to include recreation and commissary; but

(2) May not prohibit the defendant from participation in:

(a) Work, program, or school assignments;

(b) Meals as scheduled by the facility;

(c) Shower periods as scheduled and permitted by the facility staff for an inmate designated cell restriction status;

(d) Visitation periods as scheduled and permitted by the facility's rules;

(e) Facility passes as scheduled and permitted by facility staff;

(f) A religious service as scheduled and permitted by the facility's rules;

(g) Case management, medical, or psychological appointments as scheduled and permitted by facility staff; and

(h) Commissary purchases of personal hygiene and legal correspondence items permitted by the facility's rules.

(3) Cell restriction and segregation may not be served or imposed consecutively.

Md. Code Regs. 12.03.01.28

Regulation .28 adopted effective 45:13 Md. R. 668, eff. 7/2/2018