Md. Code Regs. 12.12.07.02

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

Section 12.12.07.02 - Definitions

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

B. Terms Defined.

(1) "Inmate" means an eligible person, as defined in COMAR 12.12.01.03B(9).

(2) Leave.

(a) "Accompanied day leave" means a leave in which the prerelease inmate is accompanied into the community by an Institution staff member, usually a member of the treatment team, for the purpose of becoming familiar with the community resources, or to find employment, or to accomplish a basic task of community reentry.

(b) "Compassionate leave" means a leave for a prerelease inmate authorized only for the purpose of visiting a member of the immediate family who is seriously ill or attending the funeral of a member of the family.

(c) "Holiday leave" means a special leave which follows a holiday schedule approved by the Board of Review and consists of 5 days and 4 nights at an approved place in the community. The usual holiday periods are: Washington's Birthday, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Prerelease inmates who have monthly leave status are eligible for holiday leave, which may be granted instead of, but not in addition to, any other leave.

(d) "Monthly leave" means a leave in which the prerelease inmate may be granted up to 3 days and 2 nights of leave to an approved place in the community once a month. The usual hours of the leave are from 7:30 a.m. on the first day to 9 p.m. on the last day.

(e) "Unaccompanied day leave" means a leave in which the prerelease inmate may depart the Institution at 7:30 a.m. and return by 9 p.m. The prerelease inmate shall have a specific destination which has been approved by the unit. A prerelease inmate on day leave status may have two leaves a month, which must be separated by at least 5 days unless authorized by the Director. The hours of the leave may be changed if necessary and if approved by the Director.

(3) "Level" means the system of treatment tiers through which an inmate may progress while confined to the Institution for treatment. There are four treatment tier levels, with level 1 having the most restrictions and the least inmate privileges, and level four having the least restrictions and the most inmate privileges and responsibilities. Inmates are promoted through the treatment tiers on the basis of their behavior within the Institution and their progress in treatment. Inmates are only eligible to be considered for the prerelease program if they are on level 4.

(4) "Parole" means a conditional release from the Institution, after a portion of the sentence has been served in confinement, to serve the balance of the sentence under supervision in the community. Parole is a privilege and not a right.

(5) "School release" means conditional leave from the Institution for participation in an education program offered in the community and deemed beneficial to the treatment of the prerelease inmate, and not detrimental to the public. School release is a part of the Institution's treatment program to prepare the prerelease inmate for survival in the community upon parole, mandatory supervision, or expiration of sentence.

(6) "Work release" means a conditional leave from the Institution for participation in an employment program offered in the community and deemed beneficial to the treatment of the prerelease inmate, and not detrimental to the public. Work release is a part of the Institution's treatment program to prepare the prerelease inmate for survival in the community upon parole, mandatory supervision, or expiration of sentence.

Md. Code Regs. 12.12.07.02