Md. Code Regs. 12.12.13.03

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

Section 12.12.13.03 - Diminution of Confinement

A. Each inmate admitted to the Institution is entitled to a diminution of the period of commitment or total sentence length, up to a maximum allowable deduction of 15 days per calendar month, in accordance with the provisions of this regulation.

B. An inmate shall be allowed an initial deduction from the period of commitment or sentence, subject to the inmate's future good conduct. This deduction shall be calculated at the rate of 5 days for each calendar month, and on a prorated basis for any portion of a calendar month, within the period between the first day of commitment to the custody of the Commissioner and the inmate's maximum expiration date.

C. For each calendar month during which an inmate has manifested exceptional industry, application, and skill in the performance of industrial, agricultural, or administrative tasks assigned to the inmate, the inmate may be allowed an additional deduction of 5 days from the period of the commitment or sentence. These deductions shall commence on the first day that the task is performed and shall be made on a prorated basis for any portion of a calendar month during which the inmate performed the task.

D. For each calendar month during which an inmate has manifested satisfactory industry, application, and progress in vocational or other educational and training courses, the inmate may be allowed an additional deduction of 5 days from the period of the commitment or sentence. These deductions shall commence on the first day that the inmate participates in these courses and shall be made on a prorated basis for any portion of a calendar month during which the inmate participated in the course.

E. Projects and Programs.

(1) For each calendar month, or any portion of a calendar month, commencing on the first day of assignment, during which the inmate has manifested satisfactory industry, application, and progress in special selected work projects, or other special programs, the inmate may be allowed an additional deduction of days, not exceeding 5 in number, from the period of the commitment or sentence.

(2) The Director, with the approval of the Secretary and based on the Institution's current policy and procedure, may establish a list of projects and programs that qualify for special projects credit.

(3) Diminution credits may be awarded for projects or programs under §E(2) of this regulation which include, but need not be limited to the following:

(a) Prison industry assignments;

(b) Education programs;

(c) Work details;

(d) Work release employment; or

(e) Rehabilitation programs including, but not limited to, programs addressing:

(i) Substance abuse; or

(ii) Criminal behavior.

F. The maximum allowable deduction under the combined operation of §§C and D in any calendar month is 5 days.

G. For any major violation of the Institution's rules a portion or all of the deductions allowed under §§B and E may be revoked. The Institution may restore any portion of the deductions revoked.

H. If an inmate is released under mandatory supervision on sentences for offenses occurring on or after July 1, 1989, and the mandatory supervision is later revoked, the inmate may not earn any new diminution of confinement credits as otherwise provided for under Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.

Md. Code Regs. 12.12.13.03

Regulation .03E amended effective February 12, 2007 (34:3 Md. R. 300)