Md. Code Regs. 12.02.28.04

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

Section 12.02.28.04 - Conditions of Confinement Subject to the ARP

A. An inmate may use the ARP to resolve a complaint related to:

(1) Correctional facility policy and procedures;

(2) Medical and mental health services;

(3) Access to a court;

(4) Religious liberties;

(5) Inmate property that is:

(a) Lost;

(b) Damaged;

(c) Stolen;

(d) Destroyed; or

(e) Confiscated;

(6) Complaints against staff;

(7) Use of force;

(8) Sentence computation and diminution of confinement;

(9) Correctional facility conditions affecting inmate:

(a) Health;

(b) Safety; or

(c) Welfare;

(10) Retaliation for seeking to resolve a complaint through the ARP;

(11) Management and application of the procedures under this chapter for resolving an inmate complaint;

(12) Commissary; and

(13) Inmate telephone system.

B. An inmate may not use the ARP to resolve a complaint concerning:

(1) Case management recommendations and decisions;

(2) Parole Commission procedures and decisions;

(3) Inmate disciplinary hearing procedures and decisions;

(4) Appeals of a decision to withhold inmate mail; or

(5) The following acts by staff or another inmate, which shall be addressed according to Department procedures for addressing complaints under the Prison Rape Elimination Act:

(a) Rape;

(b) Sexual assault, sexual harassment, sexual abuse; and

(c) Other sexual misconduct.

Md. Code Regs. 12.02.28.04

Regulation .04 adopted effective 45:5 Md. R. 286, eff. 3/12/2018