Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 03 - OPERATIONS
Chapter 12.03.01 - Inmate Disciplinary Process
Section 12.03.01.22 - Disciplinary Proceeding Procedures - Fact Finding and Decision Phase - Rendering the Decision

Universal Citation: MD Code Reg 12.03.01.22

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

A. After closing the case presentation portion of the defendant's disciplinary proceeding, the hearing officer shall weigh and consider the evidence presented during the defendant's disciplinary proceeding and:

(1) Determine from the evidence presented, which evidence is credible and reliable;

(2) Determine from the credible and reliable evidence the findings of fact as to the inmate rule violation charged; and

(3) Render a decision as to whether the defendant did or did not commit the inmate rule violation charged based on the findings of fact.

B. When rendering the decision as to the inmate rule violation charged, the hearing officer shall decide if the evidence determined to be credible and reliable:

(1) Proves more likely than not that the defendant did commit the inmate rule violation charged, in which case the hearing officer shall enter a guilty decision for the inmate rule violation charged; or

(2) Does not prove more likely than not that the defendant committed the inmate rule violation charged, in which case the hearing officer shall enter a not guilty decision for the inmate rule violation charged.

C. When entering the decision, the hearing officer shall:

(1) Enter the applicable decision for each inmate rule violation charged; and

(2) Inform the defendant or defendant's representative and the facility representative of the decision for each inmate rule violation charged.

D. When the hearing officer finds that a report submitted as evidence during the disciplinary proceeding is factually credible and reliable, the report may be the sole basis for the hearing officer to render the disposition of an inmate rule violation charged.

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.