Md. Code Regs. 12.14.04.01

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

Section 12.14.04.01 - Standards-Security and Inmate Control

A. The managing official shall have a written policy:

(1) Governing the use of physical force, and which shall include a provision for written reports of all instances of the use of physical force, and also shall include, but not be limited to:

(a) Instances of justifiable self-defense,

(b) Protection of others,

(c) Protection of property, and

(d) Prevention of escape;

(2) Governing the use of deadly force to prevent escape or manage an immediate danger to life situation, and which shall include provisions for formal investigation of all instances of the use of deadly force and submission of written reports for supervisory review; and

(3) Which prohibits an inmate from supervising, controlling, and exerting or assuming authority over other inmates.

B. The managing official shall have a written policy and procedure:

(1) Ensuring that all personnel, directly or indirectly involved, are informed of pertinent aspects of emergency security plans;

(2) Governing the availability, control, accountability, storage, and use of firearms, ammunition, chemical agents, restraining devices, communication apparatus, riot equipment, and other security-related equipment, which includes provisions for:

(a) Secure storage outside inmate living and activity areas,

(b) A current master listing,

(c) Monthly inspection and inventory to determine condition, accountability, and operational status,

(d) Specification of persons authorized access and use,

(e) Designation of circumstances for use, and

(f) A record of issue and inspection upon return;

(3) Ensuring that authorized personnel are trained and qualified in the use, safety, and care of firearms, chemical agents, and other security-related equipment;

(4) Providing for the supervision of inmates, which includes provisions for:

(a) One recorded count per shift,

(b) A security round or rounds on each shift of inmate living areas recorded by the observing facility personnel,

(c) Monitoring of an inmate in the community to verify the inmate's whereabouts,

(d) Drug and alcohol testing of an inmate,

(e) Secure and orderly movement of an inmate, and

(f) Weekly recorded inspection by security personnel of locks, bars, windows, doors, and the facility perimeter;

(5) Governing the search of the facility, vendors, vehicles, inmates, visitors, and staff, which includes provisions for:

(a) A personnel search according to established policies,

(b) A semiannual recorded search of inmate living and program and activity areas,

(c) A recorded search of an inmate involved in community activities,

(d) Searches of other inmates,

(e) A recorded search of a vehicle which enters a secured perimeter,

(f) A search of a visitor performed in accordance with established policies,

(g) Protection of inmate property,

(h) A receipt to be given to an inmate whose personal property is confiscated and identified as returnable,

(i) Chain of custody and the preservation of evidence according to established policies,

(j) Inspection of body cavities to be conducted in private by qualified health care personnel when there is a reasonable belief that the inmate possesses contraband of a life-threatening or health-endangering nature,

(k) A strip search of an inmate to be performed in private by facility personnel of the same sex, and

(l) Instruction of security personnel in search regulations;

(6) Governing the availability, control, storage, and use of facility keys, which includes provisions for:

(a) Secure storage outside inmate living and activity areas,

(b) Quarterly inspection to determine condition,

(c) Daily inventory to ensure accountability,

(d) Specification of those individuals authorized access and use,

(e) A record of issue and return,

(f) A duplicate key for each lock,

(g) Designation of emergency and restricted keys, and

(h) A current master listing;

(7) Governing the availability, control, storage, and use of tools, which includes provisions for:

(a) Secure storage outside inmate living and activity areas,

(b) Quarterly inspection to determine condition,

(c) Daily inventory to ensure accountability,

(d) Specification of individuals authorized to use the tools,

(e) A record of issue and return, and

(f) A current master listing;

(8) Governing the transportation of an inmate outside the facility, which includes provisions for:

(a) Current weapons qualification and required motor vehicle licensure of an individual authorized to transport,

(b) Designation of circumstances which warrant the use of firearms, chemical agents, and restraining equipment,

(c) Protection of inmates, staff, the public, and property, and

(d) Appropriate response in the event of an accident;

(9) Governing the admission of a newly received inmate to an initial reception facility, which includes provisions for:

(a) Verification of legal commitment,

(b) Search of an inmate in accordance with applicable case law,

(c) A system of positive identification of an inmate, and

(d) Collection of personal data;

(10) Governing the release of an inmate, which includes provisions for:

(a) Verification of identity,

(b) Authentication of authorization to discharge the inmate, and

(c) Notification to affected agencies and individuals as required by law or regulation; and

(11) Governing the placement, removal, supervision, and rights of an inmate assigned to administrative segregation, disciplinary detention, medical isolation, and protective custody status, which includes provisions for:

(a) Identification of individuals authorized to place an inmate in and remove an inmate from special confinement,

(b) Designation of circumstances and conditions warranting assignment and release,

(c) Specification of time frames, methods, and those individuals authorized to review status,

(d) Access to services, programs, and activities consistent with the inmate's status, and

(e) Maintenance of supervision records of specified activities and occurrences.

C. The managing official shall provide living quarters for male and female inmates which are separate and ensure privacy.

D. The managing official shall have written emergency plans for riots, disturbances, hostage-taking, escapes, bomb threats, adverse employee job actions, and other such circumstances, which include provisions for:

(1) Documented coordination with appropriate responding agencies and organizations;

(2) Specific description of staff duties and responsibilities, including record keeping of all significant activities;

(3) Placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable;

(4) Availability and use of an emergency communications system in urgent, special, or unusual conditions;

(5) Designation of an appropriate location to serve as an operations center during the emergency; and

(6) Specification of the requirements to ensure command and control of the situation.

E. The managing official shall have a written post order, acknowledged by appropriate personnel, at every security position.

Md. Code Regs. 12.14.04.01

Regulation .01 amended effective 43:26 Md. R. 1447, eff. 4/1/2017