Md. Code Regs. 12.12.28.05

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

Section 12.12.28.05 - 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 12.12.08.05A.

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 a 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 when 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 treatment unit shall ensure that the waiver of extradition form is filed in the inmate's base file.

F. Leave and Release Requirements.

(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 it.

(2) The inmate on leave, work release, or school release:

(a) May not go outside the limits of the State without the written permission of the Board of Review;

(b) May not commit an act which would be a violation of a 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;

(c) Shall report back to the Institution at the time specified on the pass, or wherever and whenever an authorized representative of the Institution directs;

(d) May not own, possess, use, buy, sell, or have under the inmate's control a firearm or weapon of any description;

(e) May not enter into a contract to engage in business, borrow money, enter into an installment contract, incur debt, or acquire ownership of a motor vehicle without first having obtained written permission from the Board of Review;

(f) May not unlawfully possess, use, buy, sell, or have under the inmate's control a narcotic drug, controlled dangerous substance, or related paraphernalia;

(g) 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;

(h) May not engage in conduct that would pose a threat to public safety;

(i) May not drink an intoxicating beverage;

(j) Shall have a pass in the inmate's possession at all times while outside the confines of the Institution and notify the Institution in case of an emergency or to resolve questions of identity;

(k) Shall request approval from the Board of Review to withdraw additional funds from the inmate's financial accounts for personal needs and to defray the cost of transportation to and from the Institution;

(l) 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; and

(m) Shall strictly adhere to the times and geographical locations specified on the inmate's leave itinerary.

(3) Work release or school release inmates shall use their time outside the Institution to work or attend school, both of which are regularly supervised by the Institution. An employer or school supervisor is 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 leave for other than work or school attendance.

(4) An inmate on leave status may not use leave to engage in employment. This restriction does not prohibit the authorized search for employment in preparation for work release.

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

Md. Code Regs. 12.12.28.05