Md. Code Regs. 12.03.01.09

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

Section 12.03.01.09 - Disciplinary Proceeding Procedures Phase - Special Needs Inmate

A. Interpreters.

(1) If raised as an issue by the defendant, the hearing officer shall make a finding as to whether or not the defendant has the need for an interpreter before moving forward with the disciplinary proceeding.

(2) The hearing officer may consult with medical and case management, without the defendant present, in order to determine if an interpreter is necessary.

(3) If an interpreter is required:

(a) An inmate may not serve as an interpreter under this chapter.

(b) An interpreter may be:

(i) Staff fluent in the preferred language of the defendant; or

(ii) Provided through a State contracted vendor.

(4) After making arrangements for an interpreter, facility staff shall reschedule the defendant's appearance before the hearing officer.

(5) The hearing officer shall administer an affirmation to the interpreter prior to permitting the individual to assume the role as the defendant's interpreter.

(a) The affirmation given shall be stated by the hearing officer to the proposed interpreter as: "Do you solemnly swear or affirm that you will provide an accurate, complete, and impartial interpretation of all statements made during this proceeding to the best of your knowledge and ability. "

(b) After administering the affirmation to the proposed interpreter, the individual shall be required to acknowledge the affirmation in the affirmative prior to the hearing officer permitting that individual to act as the inmate's interpreter.

B. Illiteracy.

(1) If raised as an issue by the defendant, the hearing officer shall make a finding as to whether the defendant is illiterate before moving forward with the disciplinary proceeding.

(2) The hearing officer may consult with the education department and case management, without the defendant present, in order to determine if the defendant is illiterate.

(3) If the hearing officer determines the defendant is illiterate, the defendant shall be provided with a representative to assist during the disciplinary proceeding.

C. The hearing officer may grant a defendant identified as a special needs inmate under this regulation additional time to prepare or greater procedural latitude in the inmate disciplinary process.

D. A delay in the scheduling of the defendant's disciplinary proceeding due to special accommodations required for a special needs inmate shall be considered to be based on good cause.

Md. Code Regs. 12.03.01.09

Regulation .09 adopted effective 45:13 Md. R. 668, eff. 7/2/2018