Md. Code Regs. 12.03.01.04

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

Section 12.03.01.04 - Inmate Rule Violation Summary

A. Inmate Rule Violation. - The Department has adopted an inmate rule violation summary to ensure:

(1) Staff and inmate knowledge of conduct prohibited by the Department; and

(2) Inmate compliance as required by Regulation . 03 of this chapter.

B. Category of Inmate Rule Violation.

(1) For the purpose of organizing inmate rule violations under this regulation and to facilitate understanding by staff and inmates, the Department has established categories of inmate rule violations based on the severity of the offense associated with an inmate rule violation.

(2) The categories of inmate rule violations are:

(a) Category IA - most severe inmate rule violation;

(b) Category IB;

(c) Category II;

(d) Category III;

(e) Category TV; and

(f) Category V-least severe inmate rule violation.

C. Category IA Inmate Rule Violations. An inmate may not:

(1) 100 - Participate in a disruptive act;

(2) 101 - Commit assault or battery on staff;

(3) 102 - Commit assault or battery on an inmate;

(4) 103 - Commit assault or battery on a person who is neither staff nor an inmate;

(5) 104 Make threats that include the use of physical harm to objects, property, or individuals;

(6) 105 - Possess, use, or manufacture a weapon;

(7) 106 - Escape when assigned maximum or medium security status;

(8) 107 - Escape when assigned minimum security status;

(9) 110 - Possess an implement or article that may be used in an escape;

(10) 116 - Possess, misuse, tamper with, damage, or destroy security devices, equipment, property, detection or monitoring equipment, or fire suppression or alarm devices;

(11) 117 - In any manner, arrange, commit, perform, or engage in a sex act or sexual conduct;

(12) 119 In any manner, commit, conspire to commit, or participate in an act of masturbation;

(13) 122 - Possess a telecommunication device, SIM card, battery charger, carrying case, or other device or article identified with a telecommunication device; or willfully pose for the taking of an unauthorized photograph or video recording or make an unauthorized audio recording;

(14) 124 - Be involved with or participate in willful or negligent homicide; and

(15) 125 - Be involved with or participate in the taking of a hostage;

D. Category IB Inmate Rule Violations. An inmate may not:

(1) 108 - Escape when assigned pre-release security status;

(2) 109 - Escape while in the community;

(3) 111 -Possess a drug, controlled dangerous substance, or medication requiring staff observation to ingest, or an intoxicant excluding alcohol;

(4) 112 - Use a controlled dangerous substance, use a medication requiring staff observation to ingest when not prescribed, or use an intoxicant;

(5) 113 Vacant;

(6) 114 -Possess a drug, controlled dangerous substance, or medication requiring staff observation to ingest, or an intoxicant, excluding alcohol, in a sufficient quantity, or possess packaging materials, suggesting distribution of or the intent to distribute;

(7) 115:

(a) Refuse or fail to provide a required volume of urine necessary for urinalysis testing; or

(b) Provide a diluted or an adulterated urine specimen for urinalysis testing;

(8) 118:

(a) Make application for, obtain, or possess articles or materials for an unauthorized financial account; or

(b) Use an unauthorized financial account;

(9) 121 - Possess tobacco in sufficient quantity or the materials necessary for packaging tobacco, or other related products that suggests an intent to distribute, or distribution of tobacco;

(10) 123 -Possess currency in:

(a) A facility where currency is not permitted; or

(b) An amount that is $50 or greater in excess of the amount the inmate is permitted to possess;

(11) 126 - Knowingly provide false reports, claims, accusations or information related to the Prison Rape Elimination Act (PREA) or use the PREA Hotline other than for the intended purpose.

E. Category II Inmate Rule Violations. An inmate may not:

(1) 200:

(a) Refuse testing or assessment for the mandatory education program;

(b) Refuse assignment to or refuse to participate in the mandatory education program; or

(c) Engage in behavior that causes removal from the mandatory education program;

(2) 201:

(a) Refuse testing or assessment for a program designated as a mandatory remediation program;

(b) Refuse assignment to or refuse to participate in a program designated as a mandatory remediation program; or

(c) Engage in behavior that causes removal from a program designated as a mandatory remediation program;

(3) 202-Refuse:

(a) To participate in or submit to deoxyribonucleic acid (DNA) sampling collection; or

(b) To be fingerprinted as required by statute, law, or the Department;

(4) 203 - Disobey a specifically cited facility Category II rule not listed in this regulation as an inmate rule violation.

F. Category III Inmate Rule Violations. An inmate may not:

(1) 300:

(a) Administer a tattoo;

(b) Receive a tattoo; or

(c) Possess tattoo equipment, materials, or paraphernalia;

(2) 301 -Possess or use alcohol without authorization;

(3) 302 -Possess equipment, materials, or paraphernalia that may be used in the manufacture of alcohol;

(4) 303 - Refuse to submit to alcohol detection testing;

(5) 304 - Possess, use, hoard, or accumulate medication without authorization;

(6) 305 - Participate in an act that is in violation of a law, statute, ordinance, or provision of law;

(7) 306:

(a) Gamble; or

(b) Possess gambling paraphernalia;

(8) 307 - Participate in an act of extortion, bribery, or coercion;

(9) 308:

(a) Steal State property;

(b) Possess stolen State property;

(c) Possess State property without permission; or

(d) Tamper with, damage, or destroy State property;

(10) 309:

(a) Steal the property of an individual or entity;

(b) Possess stolen property of an individual or entity;

(c) Possess property of an individual or entity without permission; or

(d) Alter, tamper with, damage, or destroy property of another individual or entity;

(11) 310 - Participate in an act not included as an inmate rule violation under this regulation that is in violation of a rule, policy, directive, or regulation of a:

(a) Department program;

(b) Facility program; or

(c) Community program;

(12) 311 - Possess currency in an amount that is $20 or more in excess of the amount the inmate is permitted, but less than $50 in excess of the amount the inmate is permitted to possess;

(13) 312:

(a) Interfere with or resist a search of a person, item, area, or location;

(b) Cause the early return of a community detail due to a violation of the rules;

(c) Commit any inmate rule violation outside of the confinement of a secure facility;

(14) Disobey a specifically cited home detention or work release rule not listed in this regulation as an inmate rule violation;

(15) 314: - In any manner, commit, conspire to commit, or participate in an act of indecent exposure;

(16) 315 -Possess or pass contraband; or

(17) 316 - Disobey an order.

G. Category IV Inmate Rule Violations. An inmate may not:

(1) 400 - Vacant;

(2) 401: - Vacant;

(3) 402:

(a) Enter or be in a location without authorization;

(b) Leave an assigned location without authorization;

(c) Be absent from or late reporting to an assigned location without authorization;

(d) Loiter or linger in a location without authorization; or

(e) Refuse or fail to obey or follow an order, rule, policy, or procedure regarding inmate movement or travel within or outside of the facility;

(4) 403:

(a) Provide false information;

(b) Alter, misrepresent, or forge a document; or

(c) Possess an altered, misrepresented, or forged document;

(5) 404 - Possess currency in an amount that is less than $20 in access of the amount the inmate is permitted to possess;

(6) 405 - Vacant:

(7) 406-Vacant;

(8) 407: - Participate in or operate an unauthorized business, personal service, or enterprise;

(9) 408 - Vacant;

(10) 409:

(a) Make an unauthorized telephone call;

(b) Make or participate in a three way telephone call;

(c) Use a telephone for an unauthorized or illegal purpose; or

(11) Demonstrate:

(a) Disrespect;

(b) Insolence; or

(c) Use of vulgar language; or

(12) 411 - Possess tobacco in a limited quantity that may suggest personal use when there is no other evidence to suggest intent to distribute or distribution.

H. Category VInmate Rule Violations. An inmate may not:

(1) 500 - Fail to possess or properly display a required inmate identification badge or card when directed by staff or required by facility rule;

(2) 501 - Participate in reckless behavior or horseplay;

(3) 502 - Fail to maintain:

(a) Personal cleanliness;

(b) The cleanliness of the facility or assigned housing area; or

(c) The cleanliness of a location other than in the facility; or

(4) 503 - Disobey a specifically cited facility Category V rule not listed in this regulation as an inmate rule violation.

Md. Code Regs. 12.03.01.04

Regulation .04 adopted effective 45:13 Md. R. 668, eff. 7/2/2018