Md. Code Regs. 12.12.12.02

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

Section 12.12.12.02 - Revocation of Leave, Work Release, or School Release

A. General.

(1) At any time after approval of leave, work release, or school release has been granted, it may be suspended or revoked for any reason by the Board of Review.

(2) The Board of Review shall issue a warrant for the return to custody of an inmate who has escaped from leave, work release, or school release.

(3) The Board of Review shall conduct a hearing in compliance with the procedures specified in these regulations to determine the facts of the case. The hearing shall be held at the Board of Review's next regularly scheduled meeting. The inmate shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the inmate of the allegations against the inmate.

(4) After the hearing, the Board of Review shall render a decision consistent with these regulations.

(5) Inmates suspended or revoked from leave, work release, or school release shall be granted all credit toward the diminution of their sentences as deemed appropriate by the Board of Review.

B. Any person may present information and evidence establishing reasonable suspicion that a prerelease status inmate has committed a major violation of that inmate's conditions for status. Based on the establishment of a reasonable suspicion, the inmate shall be confined to the Institution and appear before the Board of Review for a status hearing. The hearing shall be held and the inmate given notice as described in § A(3) of this regulation.

C. If the evidence presented to the Board of Review substantiates that a major violation was committed by the prerelease status inmate, the inmate shall be confined to the Institution and shall be ineligible for work release, school release, or leave status for a minimum of 6 months.

D. If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing a prerelease status inmate from the Institution, the inmate shall be removed from the Institution and returned to the Division to serve the remainder of the original sentence.

E. If a prerelease status inmate commits a second major violation while on work release, school release, or leave, the inmate shall be removed from the Institution and returned to the Division to serve the remainder of the original sentence.

Md. Code Regs. 12.12.12.02