Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 02 - DIVISION OF CORRECTION
Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints
Section 12.02.28.19 - Documentation - Filing - Reports

Universal Citation: MD Code Reg 12.02.28.19

Current through Register Vol. 51, No. 19, September 20, 2024

A. Case Indexing.

(1) The Headquarters ARC and each facility ARC shall maintain an index of Request forms and, at Headquarters, appeals.

(2) The Commissioner shall determine the format and content of the index.

(3) The Headquarters ARC and each facility ARC shall establish a new index for each calendar month to record information concerning Request forms received at either level and appeals received by Headquarters.

(4) The Headquarters ARC and a facility ARC shall index each Request form received at either level and an appeal received by Headquarters within 5 working days of the date recorded on the Request form or appeal.

(5) The index shall record for each case:
(a) The name of the inmate filing the request and the inmate's identification number;

(b) The case number that consists of:
(i) The correctional facility's acronym in upper case followed by a dash;

(ii) A four digit sequential number beginning with 0001 on January 1st of each calendar year followed by a dash; and

(iii) The last 2 digits representing the calendar year;

(c) The date that the case is indexed;

(d) If appropriate, information concerning procedural dismissal on preliminary review;

(e) If appropriate the date a re-submission or non-concurrence decision is indexed;

(f) The most appropriate subject codes indicating the nature of the complaint (only 2 codes may be used);

(g) If the case is accepted for processing, an abstract of the complaint;

(h) The date the managing official or Commissioner:
(i) Signed the response to the inmate complaint; or

(ii) Procedurally dismissed the complaint;

(i) The date the inmate signed the response indicating receipt of the response from the managing official;

(j) The final disposition of the inmate complaint; and

(k) Other information related to the case, such as:
(i) A brief description of the complaint;

(ii) Justification for a procedural dismissal; and

(iii) The date a resubmittal is due.

(6) The Headquarters ARC and a facility ARC shall update the index at the time new information is received concerning a case.

(7) A facility ARC shall:
(a) By the tenth working day of each month, forward a copy of the index for the previous month to the Headquarters ARC; and

(b) When dispositions have been recorded for all cases on a monthly index, forward a copy of the completed index to the Headquarters ARC.

B. Filing - Case Records.

(1) Each facility ARC and the Headquarters ARC shall establish and maintain a system for filing documents related to requests for formal resolution of an inmate complaint and related appeals.

(2) A facility ARC and the Headquarters ARC shall maintain documents related to an ARP case and related appeals for a minimum of 5 years from the date of a final disposition of the case and then dispose of the documents in accordance with the applicable document retention schedule.

C. Program Reports.

(1) An ARC shall complete reports in a format and on forms approved by the Commissioner containing data that may be used to analyze the ARP.

(2) Quarterly, during each calendar year, each facility ARC shall forward to the Headquarters ARC a copy of reports required by the Commissioner related to the ARP.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.