Md. Code Regs. 12.12.07.04

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

Section 12.12.07.04 - Public Safety Criteria

A. In considering an inmate for any form of prerelease status, the Board of Review shall consider the following public safety criteria:

(1) The compatibility of the release of the inmate on leave, work release, or school release with the safety and welfare of society;

(2) The length of the inmate's sentence and the amount of time served on the current term of imprisonment to date;

(3) The nature of the crime for which the inmate is currently incarcerated;

(4) The circumstances surrounding the crime for which the inmate is currently incarcerated;

(5) The determination that leave, work release, or school release would not depreciate the seriousness of the inmate's crime, promote disrespect for the law, or have an adverse effect on Institution discipline;

(6) The existence of any unresolved out-of-State or federal detainers;

(7) Any reports or recommendations made by the inmate's victim or victims, or a representative designated by the victim;

(8) Any reports or recommendations made by the sentencing judge, State's Attorney, or a professional medical consultant;

(9) Any other factors or information which the Board of Review may find relevant in assessing the risk to public safety which may be posed by placing the inmate on prerelease status.

B. In making the determination required by § A(1) of this regulation, the Board shall consider:

(1) The inmate's prior criminal and juvenile record, and prior incarceration, parole, and probation records;

(2) The inmate's past use of narcotics, other controlled dangerous substances, or alcohol;

(3) The inmate's family status and family stability;

(4) A recent assessment of the inmate's propensity toward violence conducted by a mental health practitioner;

(5) Any reports or recommendations made by the Institution treatment or custody staff concerning the likelihood that the inmate will remain at liberty without violating local, State, or federal laws or the terms and conditions governing the inmate's prerelease status; and

(6) The adequacy of the inmate's leave, school, or work release plan, which shall include information concerning employment plans, occupational skills, and job potential.

Md. Code Regs. 12.12.07.04