Md. Code Regs. 12.03.01.29

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

Section 12.03.01.29 - Disciplinary Proceeding Procedures - Post Disciplinary Proceeding Phase - The Hearing Officer's Decision and Case Record

A. Hearing Officer's Decision.

(1) The hearing officer, at the conclusion of a defendant's disciplinary proceeding shall prepare a written decision documenting the decision rendered.

(2) The hearing officer's written decision regarding the defendant's disciplinary proceeding shall include:

(a) Preliminary matters raised by hearing participants during the preliminary hearing;

(b) A summary of the evidence and testimony presented during the case presentation by the defendant, if applicable the defendant's representative, if applicable facility representative, or facility staff;

(c) A summary of the evidence found credible and reliable;

(d) The findings of fact made by the hearing officer;

(e) The disposition of each inmate rule violation charged;

(f) The sanction and period of the sanction imposed for each inmate rule violation resulting in a guilty finding; and

(g) If applicable, documentation for the informal resolution accepted by the defendant.

B. Service of the Decision. Upon receipt of the hearing officer's written decision, facility staff shall serve the defendant with a copy of the hearing officer's decision within 3 business days following the date of the hearing officer's decision.

C. The facility representative, if designated, or designated facility staff shall follow the process established by the managing official, or a designee, for the defendant's housing facility for distribution of the hearing officer's decision that includes:

(1) Advising appropriate staff of the hearing officer's decision and sanctions, if applicable; and

(2) Returning documents, records, and physical evidence regarding the defendant's concluded disciplinary proceeding to the designated file or storage location.

D. Inmate Case Record.

(1) Staff shall be responsible for maintaining and documenting a case record of the defendant's disciplinary history.

(2) The defendant's case record shall include the following information:

(a) A guilty decision;

(b) A not guilty decision;

(c) A Not Competent decision;

(d) An informal resolution;

(e) A dismissal of the inmate rule violation charged;

(f) The facility's copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(g) The written record of the disciplinary proceeding; and

(h) An attachment or other evidence that was considered at the disciplinary proceeding, except if the items are determined to be security sensitive or confidential as provided in this chapter.

(3) Except for security sensitive information, and subject to Correctional Services Article, § 3 - 602, Annotated Code of Maryland, a defendant's case record may be reviewed by:

(a) Facility staff or Department staff;

(b) The Department Intelligence and Investigative Division;

(c) A law enforcement agency;

(d) An attorney or an individual authorized in writing by the defendant;

(e) Staff of the Parole Commission or the Division of Parole and Probation;

(f) An individual or agency authorized by the Secretary, or a designee, or statute or as otherwise provided by law;

(g) Staff of the Office of the Attorney General;

(h) Staff of the Inmate Grievance Office;

(i) Staff of the Office of Administrative Hearings; and (j) Staff of a State's Attorney's Office.

(4) Security sensitive information may only be released with authorization from the Secretary, or a designee, to:

(a) Department staff on a need to know basis;

(b) The Department's Intelligence and Investigative Division;

(c) A law enforcement agency;

(d) An individual or agency authorized by the Secretary, or a designee, or as otherwise provided by law;

(e) Staff of a State's Attorney's Office; and

(f) Staff of the Office of the Attorney General.

(5) Staff shall ensure that the defendant's case record is maintained under the requirements of the Correctional Services Article for the retention of inmate case record information.

E. Audio Record.

(1) The audio recording of the defendant's disciplinary proceeding is a record of the Department that is for the:

(a) Internal operations and administrative functions of the Department; and

(b) Administration and management of the Department's business.

(2) An audio record may not be considered a right, interest, benefit, or an entitlement for the defendant.

(3) Staff shall ensure that the audio record of a defendant's disciplinary proceeding is maintained under the requirements of the Correctional Services Article for the retention of inmate case record information.

(4) A copy of an audio record may be requested and provided as required under COMAR 12.11.02 Public Information Requests, but will only be released if permitted under Correctional Services Article, § 3-602, Annotated Code of Maryland.

(5) An audio recording is not considered to be part of the administrative record of a disciplinary proceeding that is forwarded to the Inmate Grievance Office or the Office of Administrative Hearings in an inmate grievance.

(6) A fee in the amount of $5 for the cost of copying an audio record shall be charged to the interested party requesting a copy of an audio recording of a disciplinary proceeding.

Md. Code Regs. 12.03.01.29

Regulation .29 adopted effective 45:13 Md. R. 668, eff. 7/2/2018