Md. Code Regs. 12.14.05.05

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

Section 12.14.05.05 - Standards-Inmate Rights

A. The managing official shall have a written policy which:

(1) States that an inmate is not discriminated against with regard to programs, services, or activities on the basis of race, religion, national origin, sex, handicap, or political beliefs;

(2) Establishes inmate protection from physical and mental abuse, and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:

(a) Facility response;

(b) Access to medical health care; and

(c) Access to mental health counseling and support; and

(3) Ensures the right of a convicted inmate to decline to participate in activities, services, and programs, with the exception of work assignments, adult basic education programs, or programs specifically mandated by statute, ordered by the sentencing court, or based upon written agreement.

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

(1) Regarding inmate legal matters, which includes provisions for:

(a) Access to the courts,

(b) Availability of legal reference materials,

(c) Handling of legal mail,

(d) Confidential visits with legal counsel and their authorized representatives, and

(e) Use of the telephone for legal purposes;

(2) Which permits an inmate to practice a religion of choice, subject only to the restrictions necessary to maintain facility order and security;

(3) Governing the handling of inmate correspondence and packages, including provisions for postage allowance for an indigent inmate;

(4) Governing inmate orientation, which includes provisions for orientating inmates within 7 days of admission, and staff having direct contact with inmates, and with this inmate orientation including instructions regarding:

(a) Emergency plans response,

(b) Classification process,

(c) Rules, regulations, and disciplinary procedures,

(d) Complaint process,

(e) Search practices,

(f) Access to case record procedures,

(g) Programs and services regulated by standards, and

(h) Access to sick call procedures;

(5) Providing the facilities, equipment, personnel, and opportunity for regular exercise which specifies the circumstances, frequency, schedule, and length of exercise periods;

(6) Providing for a formal internal complaint system and ensuring that personnel having direct contact with inmates are informed;

(7) Permitting an inmate reasonable contact with the media;

(8) Governing visitation which specifies the circumstances, frequency, schedule, and length of the visitation period; and

(9) Governing inmate access to telephones which specifies the circumstances, frequency, schedule, and length of calls.

C. The managing official shall provide for a written policy which ensures the right of an inmate to exercise freedom in personal grooming and appearance, subject only to facility requirements essential to safety, security, identification, and hygiene.

Md. Code Regs. 12.14.05.05

Regulation .05 amended effective 43:26 Md. R. 1447, eff. 4/1/2017