Md. Code Regs. 12.03.02.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.03.02.06 - Involuntary Suspension from the RDP

A. An inmate may be involuntarily removed from the RDP independent of the inmate disciplinary process for violating the agreed upon conditions of participation in the RDP.

B. An employee with knowledge that an inmate enrolled in the RDP has consumed or purchased from the commissary a food item that is not part of the inmate's approved RDP dietary platform shall report the allegation:

(1) In a manner or on a form approved by the Chief of Religious Services; and

(2) To the facility chaplain, or a designee.

C. Upon receipt of an allegation under §B of this regulation, the facility chaplain, or a designee, shall:

(1) Review the allegation; and

(2) Handle the allegation in accordance with provisions under §D of this regulation.

D. A facility chaplain, or a designee, handling an alleged RDP agreement violation shall:

(1) Meet and discuss the alleged RDP agreement violation with the inmate;

(2) Determine if the inmate violated the agreed-to RDP conditions; and

(3) If determining that a violation of the RDP conditions did occur, except for provisions under Regulation .05C(3) of this chapter, determine a sanction as follows:

(a) First offense, the inmate shall be:

(i) Counseled regarding commissary or food items that may be purchased or consumed under the RDP;

(ii) Required to sign a new RDP agreement acknowledging understanding the consequences of a second offense; and

(iii) Permitted to continue in the RDP;

(b) Second offense, the inmate shall be:

(i) Counseled regarding commissary or food items that may be purchased or consumed under the RDP;

(ii) Suspended from the RDP for 90 days; and

(iii) Upon completion of the 90-day suspension, required to sign a new RDP agreement acknowledging understanding the consequences of a third offense before being permitted to participate in the RDP following the 90-day suspension; or

(c) Third offense, the inmate shall be:

(i) Counseled regarding commissary or food items that may be purchased or consumed under the RDP;

(ii) Suspended from the RDP for 1 year; and

(iii) Upon completion of the 1-year suspension, required to reapply to participate in the RDP in accordance with procedures established under this chapter;

(4) Meet with the affected inmate to:

(a) Discuss the decision, any imposed sanctions, and the impact of continued violations of the agreed-to RDP conditions; and

(b) Obtain the inmate's signature on a new RDP Agreement form;

(5) Document the process and meetings in a manner or on a form approved by the Chief of Religious Services; and

(6) If after 5 business days from the date the inmate is notified of a decision under §D(3) of this regulation, the inmate does not appeal the facility chaplain's, or a designee's, action:

(a) Forward a copy of the documentation to Case Management for inclusion in the inmate 's base file; and

(b) If the decision results in changes to notification previously made to the facility's correctional dietary manager, within 5 business days of the end of the period for filing an appeal, provide written notification of the appropriate updates to the facility correctional dietary manager.

E. Occurrences of involuntary suspension from the RDP continue to accrue for the purpose of progressive sanctions under §D(3) of this regulation regardless of an inmate 's voluntary withdrawal from the RDP.

F. An inmate involuntarily suspended from the RDP may continue to participate in other faith group religious observances and ceremonial meals.

Md. Code Regs. 12.03.02.06

Regulation .06 adopted effective 45:5 Md. R. 286, eff. 3/12/2018