Md. Code Regs. 12.14.03.08

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

Section 12.14.03.08 - Standards-Hearings

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

A. A written policy and procedure governing a formal disciplinary hearing by an impartial individual or committee of individuals not directly involved in the incident, which include provisions for:

(1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;

(2) Inmate appearance at the disciplinary hearing:

(a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and

(b) Not less than 24 hours after notification of charges, unless waived by the inmate;

(3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;

(4) A record of hearing decisions and rationale;

(5) Review by the managing official or designee of hearing decisions adverse to the inmate;

(6) An appeal process; and

(7) A report of all hearing decisions to the managing official or designee; and

B. A written policy and procedure ensuring that individuals having direct contact with inmates are informed of the facility rules and regulations and disciplinary procedures.

Md. Code Regs. 12.14.03.08

Regulation .08A amended effective October 29, 2001 (28:21 Md. R. 1857)