Md. Code Regs. 12.14.03.06

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

Section 12.14.03.06 - Standards-Inmate Rights

The managing official of a correctional facility is responsible for the following:

A. A written policy stating that an inmate is not discriminated against with regard to programs, services, or activities on the basis of race, religion, national origin, sex, handicap, or political beliefs;

B. A written policy which establishes inmate protection from physical and mental abuse and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:

(1) Facility response;

(2) Access to medical health care; and

(3) Access to mental health counseling and support;

C. A written policy and procedure regarding inmate legal matters, which includes provisions for:

(1) Access to the courts,

(2) Availability of legal reference materials,

(3) Handling of legal mail,

(4) Confidential visits with legal counsel and their authorized representatives, and

(5) Use of the telephone for legal purposes;

D. A written policy and procedure which permits an inmate to practice a religion of choice subject only to the restrictions necessary to maintain facility order and security;

E. A written policy and procedure governing the handling of inmate correspondence and packages, including provisions for postage allowance to an indigent inmate;

F. A written policy and procedure governing inmate orientation which includes provisions for informing staff having direct contact with inmates and inmates within 7 days of admission, including instructions regarding:

(1) Disaster plan responses,

(2) Classification process,

(3) Rules, regulations, and disciplinary procedures,

(4) Complaint process,

(5) Search practices,

(6) Access to case record procedures,

(7) Programs and services regulated by standards, and

(8) Access to sick call procedures;

G. A written policy which ensures the right of a convicted inmate to decline to participate in activities, services, and programs with the exception of work assignments, adult basic education programs, or programs specifically mandated by statute, ordered by the sentencing court, or based upon written agreement;

H. A written policy which ensures the right of a pretrial inmate to decline to participate in facility programming and work assignments, other than housekeeping;

I. A written policy and procedure providing the facilities, equipment, personnel, and opportunity for regular exercise which specifies the circumstances, frequency, schedule, and length of exercise periods;

J. A written policy and procedure providing for a formal internal complaint system about which those having direct contact with inmates are informed;

K. A written policy which ensures the right of an inmate to exercise freedom in personal grooming and appearance subject only to facility requirements essential to safety, security, identification, and hygiene;

L. A written policy and procedure permitting an inmate reasonable contact with the communications media;

M. A written policy and procedure which prohibits a juvenile from being detained in or committed to an adult correctional facility unless legal jurisdiction has been waived to the adult authorities or the juvenile is formally charged with having committed an exclusionary offense;

N. A written policy and procedure governing visitation which specifies the circumstances, frequency, schedule, and length of the visitation period;

O. A written policy and procedure governing inmate access to telephones which specifies the circumstances, frequency, schedule, and length of calls.

Md. Code Regs. 12.14.03.06

Regulation .06 amended effective 43:26 Md. R. 1447, eff. 4/1/2017