Md. Code Regs. 12.12.09.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 12.12.09.04 - Disciplinary Procedures Pertaining to Major Violations

A. The Director shall ensure that major violations are disposed of formally, in accordance with established procedures concerning:

(1) The status of the alleged violator pending formal disposition, that is, the determination of the need for temporary segregation from the general population;

(2) The timely serving of the notice of infraction to the alleged violator;

(3) Notice to the alleged violator that he or she has the right to representation by a staff member, or an eligible person, who volunteers to represent the alleged violator; and

(4) Notice to the alleged violator that he or she has the right to call witnesses on his or her behalf.

B. Within 24 hours of the alleged major violation, the Warden shall review the circumstances of the alleged violation and approve or disapprove the decision to place the alleged violator on temporary segregation, and:

(1) Forward the notice of infraction to the Disciplinary Committee for a hearing;

(2) Reduce the notice of infraction to an incident report, notify the eligible person and reporting staff member in writing of the action taken, and if the eligible person does not consent to have the notice of infraction reduced to an incident report, the matter shall proceed to a hearing pursuant to § B(3) of this regulation; or

(3) Return the notice of infraction to the reporting staff member for correction of inaccuracies or inadequacies, clarification of statements, or substantiation of charges, if these deficiencies are noted, and forward the revised notice of infraction to the Disciplinary Committee for a hearing.

C. The Director shall ensure that all Disciplinary Committee hearings are conducted in accordance with established procedures concerning:

(1) The timeliness of the hearing;

(2) The alleged violator's right to appear before the Disciplinary Committee for a hearing;

(3) The alleged violator's right to waive the right to appear at the hearing;

(4) The Disciplinary Committee's right to conduct a hearing in absentia and render a decision, upon receipt of the alleged violator's waiver of the right to appear or documented refusal to appear;

(5) The right of the alleged violator to be advised of the charge or charges against him or her;

(6) The right of the alleged violator to enter a plea;

(7) The right of the alleged violator to cross-examine each witness;

(8) The right of the alleged violator to testify on his or her own behalf;

(9) The right of the alleged violator not to testify on his or her own behalf, without inference of guilt;

(10) The right to be represented by a staff member or an eligible person who volunteers to represent the alleged violator;

(11) The right of the alleged violator to present the testimony of his or her witnesses, provided that the chairman of the Disciplinary Committee determines that the witnesses' testimony may be relevant;

(12) The right of the alleged violator or his or her representative to examine any real evidence, at the discretion of the chairman, provided it would not endanger the security of the Institution;

(13) The right of the alleged violator to request a postponement of the proceedings;

(14) The right of the alleged violator to be informed of the Disciplinary Committee's factual findings, the disposition, and the reasons for the decision, and to receive a copy of the findings and disposition; and

(15) The right of the violator to appeal the decision of the Disciplinary Committee to the Director within 48 hours.

D. All proceedings before the Disciplinary Committee shall be recorded on audio recording tape and stored by the Institution for a period of 1 year from the date of the disciplinary hearing, unless the Institution has received notice of an appeal of the disciplinary result to the Inmate Grievance Commission or notice of a pending action in a court of law. If notice has been received, the tape shall be preserved pending a final decision in the forum or forums in which action is pending.

Md. Code Regs. 12.12.09.04