Md. Code Regs. 12.02.06.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 12.02.06.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adjustment proceeding" means a formal or informal disciplinary and appeal process used by a correctional facility to determine if an inmate has committed a violation of the facility rules.

(2) "Case Management team" means a group of correctional staff under COMAR 12.02.24.02B.

(3) "Commissioner" means the Commissioner of Correction or a designee.

(4) "Diminution credit" means a day-for-day reduction of an inmate's term of confinement under Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.

(5) "Division" means the Division of Correction.

(6) "Drug crime" means a violation under:

(a) Criminal Law Article, § 5-621, Annotated Code of Maryland;

(b) Criminal Law Article, § 5-303(d), Annotated Code of Maryland;

(c) Criminal Law Article, Title 5, Subtitle 5, Annotated Code of Maryland;

(d) Criminal Law Article, § 5-602 -5-609, Annotated Code of Maryland;

(e) Criminal Law Article, §§ 5-614, 5-617, 5-627, and 5-628, Annotated Code of Maryland; or

(f) Criminal Law Article, § 1-202, Annotated Code of Maryland, if there is a conspiracy to commit a crime listed in §B(6)(a)-(e) of this regulation.

(7) "Education credit" means a diminution credit awarded under Correctional Services Article, § 3-706, Annotated Code of Maryland.

(8) "Good conduct credit" means a diminution credit awarded under Correctional Services Article, § 3-704, Annotated Code of Maryland.

(9) "Incarceration" means confinement resulting from a conviction, sentencing, and commitment to the custody of the Commissioner.

(10) "Mandatory supervision" means a conditional release from incarceration granted to an inmate under Correctional Services Article, § 7-501, Annotated Code of Maryland, which includes a conditional release granted before July 1, 1989, formerly known as "mandatory release".

(11) "Mandatory supervision release date" means the date computed by subtracting the credits which are awarded pursuant to Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland, from the maximum expiration date.

(12) "Maximum expiration date" means the date that an inmate's term of confinement expires.

(13) "Release by expiration of sentence" means the unconditional release of an inmate:

(a) Whose only sentence or sentences are for offenses committed before July 1, 1970, and who has served the term of confinement less the diminution credits awarded under Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland;

(b) Who has actually served the day-to-day maximum term of confinement under which the inmate is incarcerated; or

(c) Who has served a term of confinement of 12 months or less and is not subject to mandatory supervision.

(14) "Release on mandatory supervision" means the conditional release of an inmate under the Correctional Services Article, § 7-501, Annotated Code of Maryland.

(15) "Secretary" has the meaning stated in COMAR 12.01.01.02B(5).

(16) "Sentence" means a period of incarceration or supervision imposed by a judge.

(17) "Special projects credit" means a diminution credit awarded under Correctional Services Article, § 3-707, Annotated Code of Maryland.

(18) "Term of confinement" means the period of an inmate's current incarceration. If an inmate is serving a:

(a) Single sentence, it is the period of confinement under that sentence;

(b) Combination of concurrent sentences, it is the period of confinement between the earliest starting date of those sentences and the latest expiration date of those sentences;

(c) Combination of consecutive sentences, it is the period of confinement between the starting date of the first consecutive sentence and the expiration date of the last consecutive sentence;

(d) Combination of concurrent and consecutive sentences, it is the period of confinement between the earliest starting date of the sentences and the last expiration date of the sentences; or

(e) Combination of sentences imposed before and after release on mandatory supervision or parole and the release on mandatory supervision or parole is revoked, it is the period of confinement between the earliest starting date of the sentences and the latest expiration date of the sentences, excluding time out of custody for which credit is not allowed.

(19) "Work tasks credit" means a diminution credit awarded under Correctional Services Article, § 3-705, Annotated Code of Maryland.

Md. Code Regs. 12.02.06.01

Regulations .01 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Regulations .01 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Regulations .01 as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR