Md. Code Regs. 12.02.21.06

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.02.21.06 - Processing a Request to Marry an Inmate at a Correctional Facility

A. Within 5 business days of receiving written requests to marry an inmate at a correctional facility from both the inmate and the intended spouse, the managing official shall designate a member of the facility's staff to process the request to marry an inmate at the facility according to this chapter.

B. The individual designated (designee) under §A of this regulation shall:

(1) Review the requests from the inmate and intended spouse; and

(2) At a minimum:

(a) Establish that the:

(i) Commitment to marry is agreed to by both the inmate and intended spouse;

(ii) Marriage does not constitute a threat to security or operation of the facility; and

(iii) Marriage complies with requirements established under this chapter; and

(b) Consider the following information:

(i) The inmate's criminal record to include information contained in related police reports and presentence investigations;

(ii) The inmate's correctional adjustment history;

(iii) Compliance with the inmate's case plan;

(iv) The existence of detainers and pending charges for the inmate and intended spouse;

(v) The inmate's physical and mental health;

(vi) If the inmate is a Patuxent inmate, a statement from the Patuxent inmate's treatment team as to the inmate's mental competency; and

(vii) Whether the intended spouse had any involvement in correctional or law enforcement related services (volunteer or employment) that may have placed the intended spouse in contact with the inmate.

C. The designee processing a request under §A of this regulation shall:

(1) Review the information provided by the inmate and intended spouse, or additional information requested of the parties; and

(2) Determine if the requested marriage:

(a) Meets eligibility requirements established under Regulation .03 of this chapter;

(b) Meets minimum requirements established under §B(2) (a) of this regulation; and

(c) Would not pose a risk to security or the orderly operation of the facility based on the information considered under §B(2)(b) of this regulation.

D. If the designee determines that the inmate marriage does not meet minimum requirements under §C(2) of this regulation the designee shall:

(1) Prepare a written recommendation to deny the request;

(2) Include in the recommendation the basis for the recommendation; and

(3) Forward the recommendation to the managing official no later than 10 business days after being designated to process the request.

E. A managing official receiving a recommendation under §D of this regulation may:

(1) Accept the recommendation, in which case the managing official shall notify the designee to advise the inmate and intended spouse, in writing, that:

(a) The marriage ceremony will not be permitted at the correctional facility and the reasons; and

(b) Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(l)(a) of this regulation the managing official's decision is final with no opportunity for appeal; or

(2) Not accept the recommendation and advise the designee to continue to process the request:

(a) As submitted; or

(b) With modification to the original submission.

F. If the designee finds the request meets requirements under §C of this regulation or the managing official directs that the designee continue to process the request, with or without modification, under §E(2) of this regulation, the designee shall process the request as specified under Regulation .07 of this chapter.

Md. Code Regs. 12.02.21.06

Regulation .06 adopted effective 43:7 Md. R. 451, eff.4/11/2016