Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 03 - OPERATIONS
Chapter 12.03.01 - Inmate Disciplinary Process
Section 12.03.01.18 - Disciplinary Proceeding Procedures - Preliminary and Evidentiary Phases - Confidential Informant Information
Current through Register Vol. 51, No. 19, September 20, 2024
A. An individual providing information regarding the defendant's inmate rule violation charged may be identified as a confidential informant witness when there is cause to believe that identifying the individual to the defendant is a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual.
B. A hearing officer may not reveal the identity of a confidential informant witness.
C. If a hearing officer is provided with testimony, a written statement, or a report referring to information received from a confidential informant witness, the hearing officer:
D. The facility representative, if applicable, or staff may provide the defendant with a written summary of the confidential informant witness's testimony or documented statement that is not specific in detail so as to identity the confidential informant witness.
E. The hearing officer shall consider the information provided by the confidential informant witness to determine the credibility and reliability of the information provided.
F. Information provided by a confidential informant witness shall be concluded to be sensitive and maintained in a sealed record for only staff with a need to know to access the information or the identity of the confidential informant witness.
G. The identity of a confidential informant witness or any information that may identify a confidential informant witness, may not be released to any agency that maintains records that are a matter of public record without a court order or authorization from the Office of the Attorney General, Secretary, or a designee.
H. When the hearing officer concludes that an individual identified by staff as a confidential informant witness does not meet the requirements to be classified as a confidential informant witness, the following shall apply: