Md. Code Regs. 12.12.01.03

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

Section 12.12.01.03 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Board of Review" means the Patuxent Institution Board of Review, created by Correctional Services Article, § 4-205, Annotated Code of Maryland.

(2) "Chronically mentally disordered" means exhibiting a recurrent pattern of major psychiatric illness.

(3) "Chronic youthful offender" means an individual who has been tried in accordance with Courts and Judicial Proceedings Article, § 3-804(e), Annotated Code of Maryland, and who exhibits a persistent pattern of conduct, typically manifested before the age of 18, in which the basic rights of others and other age-appropriate societal norms or rules are violated. The behavior pattern typically is present in the home, at school, with peers, and in the community.

(4) "Commissioner" means the Commissioner of Correction or a designee.

(5) "Conditional release" means any leave, work release, school release, or parole status granted to an eligible person by the Board of Review.

(6) "Department" means the Department of Public Safety and Correctional Services.

(7) "Director" means the Director of Patuxent Institution or a designee.

(8) "Division" means the Division of Correction, which may include the Patuxent Institution D.C. Building, or any other housing units as designated by the Secretary during an emergency.

(9) "Eligible person" means a Division inmate who has met the criteria for eligibility specified in Correctional Services Article, § 4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05B.

(10) "Emotional imbalance" means a diagnosable and treatable mental disorder, which includes but is not limited to the disorders defined in §B(2) and (3) of this regulation.

(11) "Evaluation team" means the team of Patuxent staff that evaluates Division inmates to determine whether they are eligible persons, and includes at a minimum a:

(a) Social worker or behavioral scientist;

(b) Psychologist; and

(c) Psychiatrist.

(12) "Institution" means Patuxent Institution.

(13) "Intellectual deficiency" means impaired intellectual functioning for which treatment may be ameliorative, and includes but is not limited to mental retardation, as defined in §B(14) of this regulation.

(14) "Mentally retarded" means exhibiting significantly subaverage general intellectual functioning, accompanied by significant deficits or impairments in adaptive functioning, with onset before the age of 18.

(15) "Noneligible person" means a Division inmate who does not meet the criteria for eligibility as specified in Correctional Services Article, § 4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05B, or an eligible person who no longer meets these criteria.

(16) "Prerelease status" means leaves, work release, school release, or any other type of out-of-institution status granted to an eligible person, except parole, as authorized by law.

(17) "Prescreening" means the preliminary assessment conducted by the Division to determine whether a Division inmate is eligible to be referred to the Institution for evaluation, as specified in COMAR 12.12.02.01B or .02.

(18) "Secretary" means the Secretary of Public Safety and Correctional Services.

(19) "Treatment team" means a unit of treatment personnel, which includes a psychiatrist, psychologists, and social workers. There are four treatment teams (or treatment units) at the Institution. Each inmate is assigned to a specific treatment unit, and the inmate will usually remain with the same unit throughout the inmate's stay at the Institution. The treatment unit is responsible for the inmates assigned to their unit.

(20) "Victim" means a person who suffers personal physical injury or death, or, if the victim is deceased, a designated family member, as set forth in Correctional Services Article, § 4-101(i), Annotated Code of Maryland.

(21) "Warden" means the Warden of Patuxent Institution or a designee.

Md. Code Regs. 12.12.01.03