Md. Code Regs. 12.14.03.02

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

Section 12.14.03.02 - Standards - Security and Inmate Control

The managing official of a correctional facility is responsible for the following:

A. A written policy, governing the use of physical force, which includes a provision for written reports of all instances of use of force, and which shall include but is not limited to the following:

(1) Instances of justifiable self-defense;

(2) Protection of others;

(3) Protection of property; and

(4) Prevention of escape;

B. A written policy, governing the use of deadly force to prevent escape or manage an immediate danger to life situation, which shall include provisions for formal investigation of all instances of use of deadly force and submission of written reports for supervisory review;

C. 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) The 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;

D. A written policy and procedure ensuring that all personnel directly or indirectly involved are informed of pertinent aspects of the emergency security plans;

E. A written policy and procedure governing the availability, control, accountability, storage, and use of firearms, ammunition, chemical agents, organic agents, restraining devices, communication apparatus, riot equipment, and other security-related equipment which includes provisions for:

(1) Secure storage outside inmate living and activity areas;

(2) A current master listing;

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

(4) Specification of persons authorized access and use;

(5) Designation of circumstances for use; and

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

F. A written policy and procedure ensuring that authorized personnel are trained and qualified in the use, safety, and care of firearms, chemical agents, and other security-related equipment;

G. A written policy which prohibits an inmate from supervising, controlling, and exerting or assuming authority over other inmates;

H. A written policy and procedure providing for the supervision of inmates which includes provisions for:

(1) One recorded count per shift;

(2) Security rounds on each shift of inmate living and activity areas recorded by the observing facility personnel;

(3) Monitoring of a minimum security inmate in the community to verify whereabouts;

(4) Drug and alcohol testing of an inmate;

(5) Secure and orderly movement of an inmate; and

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

I. A written post order, acknowledged by appropriate personnel, at each security position;

J. A written policy and procedure governing the search of the facility, vehicles, inmates, visitors, and staff which includes provisions for:

(1) A personnel search according to established policies;

(2) A semiannual recorded search of inmate living and program and activity areas;

(3) A recorded search of an inmate involved in community activities;

(4) Searches of other inmates;

(5) A recorded search of a vehicle which enters the facility perimeter;

(6) A search of a visitor performed in accordance with established policies;

(7) Protection of inmate property;

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

(9) Chain of custody and the preservation of evidence according to established policies;

(10) 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;

(11) A visual search of an inmate to be performed in private by facility personnel of the same sex; and

(12) Informing security personnel of the search regulations;

K. A written policy and procedure governing the availability, control, storage, and use of facility keys which includes provisions for:

(1) Secure storage outside inmate living and activity areas;

(2) Quarterly inspection to determine condition;

(3) Daily inventory to ensure accountability;

(4) Specification of persons authorized access and use;

(5) A record of issue and return;

(6) A duplicate key for each lock;

(7) Designation of emergency and restricted keys; and

(8) A current master listing;

L. A written policy and procedure governing the availability, control, storage, and use of tools which includes provisions for:

(1) Secure storage outside inmate living and activity areas;

(2) Quarterly inspection to determine condition;

(3) Daily inventory to ensure accountability;

(4) Specification of persons authorized to use;

(5) A record of issue and return; and

(6) A current master listing;

M. A written policy and procedure governing the transportation of an inmate outside the facility which includes provisions for:

(1) Current weapons qualification and required motor vehicle licensure of a person authorized to transport;

(2) Designation of circumstances for use of firearms, chemical agents, and restraining equipment;

(3) Protection of inmates, staff, public, and property; and

(4) Appropriate response in the event of accident;

N. A written policy and procedure governing the admission of a newly received inmate to an initial reception facility which includes provisions for:

(1) Verification of legal commitment;

(2) Search of an inmate in accordance with applicable case law;

(3) A system of positive identification of an inmate;

(4) Collection of personal data; and

(5) Documentation of opportunity to make initial telephone calls;

O. A written policy and procedure governing the release of an inmate which includes provisions for:

(1) Verification of identity;

(2) Authentication of authorization to discharge; and

(3) Notification to affected agencies and persons as required by law or regulation;

P. A written policy and procedure 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:

(1) Identification of persons authorized to place and remove an inmate from special confinement;

(2) Designation of circumstances and conditions warranting assignment and release;

(3) Specification of time frames, method, and persons authorized to review status;

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

(5) Maintenance of supervision records of specified activities and occurrences;

Q. Providing living quarters for male and female inmates which are separate and distinct to ensure privacy.

Md. Code Regs. 12.14.03.02

Regulation .02A_E, H amended effective February 27, 1984 (11:4 Md. R. 315); July 29, 1985 (12:15 Md. R. 1521)
Regulation .02 amended effective February 10, 1986 (13:3 Md. R. 272); amended effective 43:26 Md. R. 1447, eff. 4/1/2017