Md. Code Regs. 12.11.01.02

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

Section 12.11.01.02 - Definitions

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

B. Terms Defined.

(1) "Agency" means an organization, institution, division, or unit established by statute or created by the Secretary within the Department.

(2) "Agency head" means the highest authority of an agency.

(3) "Contraband" means any item that an inmate is prohibited from possessing according to law, regulation, or Department, agency or correctional facility policy.

(4) "Controlled dangerous substance (CDS)" has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(5) "Department" means the Department of Public Safety and Correctional Services.

(6) "Director" means the Director of the Internal Investigative Unit.

(7) Employee.

(a) "Employee" means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position.

(b) "Employee" includes:

(i) A special appointee;

(ii) A volunteer; or

(iii) An intern.

(8) "Escape" means any conduct by an inmate that may be charged as an escape under Maryland law.

(9) "Facility" means a structure or space used, owned, or leased by the Department to conduct Department administrative and operational activities.

(10) Inmate.

(a) "Inmate" means an individual in the custody or under the supervision of the Department.

(b) "Inmate" includes an individual:

(i) In pretrial, sentenced, or presentenced (after guilty finding but before sentencing) status actually or constructively confined by the Department;

(ii) In a Department home detention program; or

(iii) Under the supervision of the Division of Parole and Probation.

(11) "Internal Investigative Unit (IIU)" means the Department of Public Safety and Correctional Services Internal Investigative Unit.

(12) "Investigator" means a Department employee permanently assigned to or on special assignment to assist the IIU with the responsibilities specified under Correctional Services Article, § 10-701(a)(3), Annotated Code of Maryland.

(13) Nonagency Employee.

(a) "Nonagency employee" means an individual who, by contract or other lawful arrangement, provides services to an inmate or the Department.

(b) "Nonagency employee" includes an employee of the Department of Education.

(14) "Secretary" means the Secretary of Public Safety and Correctional Services.

Md. Code Regs. 12.11.01.02