Md. Code Regs. 12.12.07.06

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

Section 12.12.07.06 - Granting Leave, Work Release, and School Release

A. Leave, work release, or school release may not be granted unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.06.05A.

B. Victim Comment, Victim Notification, and Police Notification.

(1) The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant leave, work release, or school release to the inmate.

(2) The victim may designate, in writing to the Board of Review, the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for leave, work release, or school release.

(3) The Board of Review shall delete the victim's address and telephone number before examination of any document by the inmate or the inmate's representative.

(4) If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.

(5) The Board of Review shall notify the victim of its decision regarding leave, work release, or school release.

(6) The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed whenever an inmate has been approved for leave, work release, or school release status.

C. The Board of Review shall notify the inmate of its decision regarding placement on leave, work release, or school release.

D. The Director shall ensure that a waiver of extradition form is completed by an inmate before authorizing an inmate for leave, work release, or school release.

E. A member of the inmate's unit treatment team shall ensure that the waiver of extradition form is filed in the inmate's base file.

F. Governing Rules.

(1) Before starting a leave, work release, or school release program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing the leave, work release, or school release programs. These regulations are as found in this section.

(2) The inmate on leave, work release, or school release may not go outside the limits of the State without the written permission of the Institution Board of Review.

(3) The inmate on leave, work release, or school release may not commit any act which would be a violation of any federal law, State law, or municipal ordinance, and shall conform to all rules of conduct imposed by the Institution or an authorized representative of the Institution.

(4) The inmate on leave, work release, or school release shall report back to the Institution at the time specified on the pass, or wherever and whenever an authorized representative of the Institution may direct.

(5) The inmate on leave, work release, or school release may not own, possess, use, buy, sell, or have under his or her control any firearm or weapon of any description.

(6) The inmate on leave, work release, or school release may not enter into any contract to engage in business, borrow money, enter into any installment contract, incur any debt, or acquire ownership of any motor vehicle without first having obtained written permission from the Board of Review.

(7) The inmate on leave, work release, or school release may not unlawfully possess, use, buy, sell, or have under his or her control any narcotic drug, controlled dangerous substance, or related paraphernalia.

(8) The inmate on leave, work release, or school release shall submit to any test or search that is prescribed by the Institution or its authorized representative to detect the usage of alcohol or controlled dangerous substances, or the possession of contraband.

(9) If work release has been granted by the Board of Review, and the court has ordered restitution as part of the sentence or as a condition of probation, the Board of Review shall require the inmate to make restitution payments.

(10) The inmate on leave, work release, or school release may not engage in conduct that would pose a threat to public safety.

(11) The inmate on leave, work release, or school release may not drink any intoxicating beverage.

(12) The inmate on leave, work release, or school release shall have a pass in his or her possession at all times while outside the confines of the Institution and shall notify the Institution in case of emergency or to resolve questions of identity.

(13) The inmate on leave shall request approval from the Board of Review to withdraw additional funds from his or her financial accounts for his or her personal needs and to defray the cost of transportation to and from the Institution.

(14) The inmate on leave, work release, or school release shall deposit all wages in the Institution's business office on a weekly basis, unless otherwise specified, together with an attached voucher indicating the number of hours worked, hourly wages, deductions, and number of days worked.

(15) The inmate on leave shall strictly adhere to the times and geographical locations specified on the inmate's leave itinerary.

(16) Work release or school release inmates shall use their time outside the Institution for purposes of work or attending school. Work or school attendance is regularly supervised by the Institution. Employers or school supervisors are requested to call the Institution if the inmate does not report as scheduled. In appropriate cases, inmates on work release or school release may be granted leaves for purposes other than work or school attendance.

(17) Inmates on leave status are not permitted to use their leaves for the purposes of engaging in employment. This does not prohibit the authorized search for employment in preparation for work release.

(18) Unless otherwise indicated, a work release or school release inmate shall report to the community supervision clinic for supervision as scheduled.

Md. Code Regs. 12.12.07.06