Md. Code Regs. 12.02.28.05

Current through Register Vol. 51, No. 18, September 6, 2024

Section 12.02.28.05 - Inmate Complaint Resolution - Overview

A. An employee who is assigned to investigate and respond to an inmate complaint under this chapter shall work with the inmate to attempt to resolve the inmate's complaint at the lowest level of inmate supervision.

B. The process for resolving an inmate complaint consists of two components:

(1) Informal resolution; and

(2) Formal resolution through the ARP.

C. Informal Resolution.

(1) An inmate may attempt to resolve a complaint informally by working -with appropriate staff to reach a remedy to the conditions resulting in the inmate complaint.

(2) An inmate may initiate a formal request to resolve the complaint if:

(a) The inmate and staff are unable to remedy the inmate complaint; or

(b) Staff does not respond to the inmate's informal complaint.

(3) An inmate is not required to exhaust the informal resolution procedure in order to file a request for formal resolution through the ARP.

D. Formal resolution of an inmate complaint consists of utilizing the ARP to file:

(1) A request for administrative remedy -with the managing official; and

(2) An appeal to the Commissioner, if the inmate is not satisfied with the managing official's response to the request for an administrative remedy.

E. If the inmate's complaint is not resolved after an appeal under the ARP, the inmate may file a grievance with the Inmate Grievance Office according to procedures under COMAR 12.07.01.

F. An inmate may not file a request to resolve a complaint under this chapter:

(1) On behalf of another inmate, staff, or other third person, such as a visitor; or

(2) Brought as a class action.

G. The transfer of an inmate to another facility in the Department does not terminate the ARP, although the transfer of an inmate may be relevant to a determination whether the request is moot or whether relief is available.

H. Filing a complaint with the Department's Intelligence and Investigative Division does not:

(1) Constitute an administrative remedy; and

(2) Excuse the inmate from the requirement of pursuing an administrative remedy under this chapter.

I. An inmate is responsible for:

(1) Using the ARP for the intended purpose; and

(2) Being honest and straightforward throughout the process.

J. An inmate may not be subject to retaliation because the inmate used the procedures established under this chapter to resolve an issue and:

(1) An inmate may use the ARP or an informal resolution to resolve a complaint of retaliation for using the procedures established under this chapter.

(2) If the inmate's complaint of retaliation is confirmed, the managing official shall ensure that the appropriate action is taken in accordance with the Department's Standards of Conduct.

Md. Code Regs. 12.02.28.05

Regulation .05 adopted effective 45:5 Md. R. 286, eff. 3/12/2018