Md. Code Regs. 12.02.28.13

Current through Register Vol. 51, No. 21, October 18, 2024

Section 12.02.28.13 - Request for Formal Resolution of an Inmate Complaint - Remedy

A. If an inmate complaint is meritorious or meritorious in part, the response by the managing official shall include a remedy.

B. A remedy to resolve an inmate complaint may include:

(1) If the nature of the inmate complaint relates to substance of policy, rule, or procedure:

(a) Appropriate amendments that are communicated effectively and promptly to appropriate individuals; and

(b) Instructions for implementing change;

(2) If the nature of the inmate complaint relates to interpreting policy, rule, or procedure:

(a) Written explanation of the questioned policy, rule, or procedure that is communicated effectively and promptly to appropriate individuals; and

(b) Instructions for implementing change;

(3) If the nature of the inmate complaint relates to application of policy, rule, or procedure:

(a) Written direction to the appropriate employee to properly apply the policy, rule, or procedure correctly; and

(b) Instructions for implementing change;

(4) If the nature of the inmate complaint relates to individual inmate actions:

(a) Protection of the inmate who filed the Request form that may include reassignment of one or more of the inmates involved;

(b) Safeguards to prevent retaliation against the inmate; or

(c) Remedy to make the inmate "whole" again, such as returning property;

(5) If the nature of the inmate complaint relates to the computation of the term of confinement or diminution of confinement credits:

(a) Prompt re-computing; and

(b) If appropriate, expedited processing of any privileges or change in status based on the new computation;

(6) If the nature of the inmate complaint relates to loss of inmate property within the custody and control of the unit:

(a) Return or replacement of property of equal value at time of loss in accordance with standard practices for determining the value of depreciated property; or

(b) Monetary reimbursement equal to value of property at time of loss; or

(7) If the nature of the inmate complaint relates to living conditions and facilities, prompt improvement.

C. If the remedy includes monetary reimbursement for property:

(1) An Inmate Property Reimbursement form shall be used to calculate the amount of reimbursement at the time of the loss.

(2) Except under provisions of §C(3) of this regulation, the ARC shall ensure that the inmate is presented with a completed Request for Inmate Personal Property Reimbursement form indicating the reimbursement value and if the inmate:

(a) Accepts the value:

(i) The inmate shall indicate acceptance on the form;

(ii) The inmate shall sign the form;

(iii) The managing official shall ensure that the agreed to monetary reimbursement is deposited in the inmate's facility account;

(iv) The ARC shall ensure that Request form documents are appropriately filed; and

(v) The matter is considered closed and finally resolved.

(b) Refuses to accept the value:

(i) The inmate's refusal shall be indicated on the form;

(ii) The inmate shall sign the form indicating refusal to accept the reimbursement;

(iii) The form shall be filed in the appropriate ARP file;

(iv) No monetary reimbursement is to be deposited in the inmate's facility account; and

(v) The matter is considered to be closed at the applicable level of the ARP.

(3) If an inmate refuses settlement under §C(l)(b) of this regulation, before the managing official's response to the inmate's complaint, the managing official's response shall:

(a) State that the Request form is meritorious in part;

(b) List the property that was lost or damaged;

(c) State the amount of reimbursement offered to the inmate;

(d) State that the inmate refused the reimbursement offered and that no monetary reimbursement is to be deposited in the inmate's facility account; and

(e) Ensure that Request form documentation is filed in the appropriate ARP file.

D. If appropriate, a managing official may include, as a remedy, a recommendation to change policy or procedures that relate to the nature of the inmate complaint.

E. Facility staff shall fully comply with a remedy in the managing official's response to an inmate complaint under this chapter as soon as possible, but no later than 30 calendar days after the date of the response.

(1) An ARC receiving a response from the managing official containing a remedy shall:

(a) Notify appropriate staff of the remedy;

(b) Monitor action taken to implement the remedy to ensure the remedy is fully implemented no later than 30 calendar days after the date of the response by:

(i) Maintaining a separate chronological file of incomplete remedies;

(ii) Reviewing the file at least weekly to ensure implementation; and

(iii) Notifying the managing official issuing the response to an inmate complaint when the remedy is not fully implemented within the required period.

(2) After full implementation of a remedy, the ARC shall file the response according to procedures under this chapter.

Md. Code Regs. 12.02.28.13

Regulation .13 adopted effective 45:5 Md. R. 286, eff. 3/12/2018