Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 03 - OPERATIONS
Chapter 12.03.01 - Inmate Disciplinary Process
Section 12.03.01.23 - Disciplinary Proceeding Procedures - Sanction Phase - Imposing a Sanction
Current through Register Vol. 51, No. 19, September 20, 2024
A. If the hearing officer renders a decision that the defendant is guilty of the inmate rule violation charged, the hearing officer shall permit the defendant or defendant's representative and the facility representative the opportunity to present arguments on the possible sanction or sanctions for the inmate rule violation for which the defendant was found guilty (If the defendant is represented, the representative, and not the defendant, shall present the argument for or against sanctions).
B. The hearing officer shall inform the defendant or defendant's representative and the facility representative of the:
C. A sanction imposed becomes effective on the date determined by the hearing officer.
D. A sanction may include:
E. The hearing officer when imposing a sanction or the period of the sanction may consider either aggravating or mitigating factors associated with the inmate rule violation resulting in a guilty finding or informal disposition to either enhance or reduce the severity of the sanction and or period of the sanction.
F. The hearing officer prior to imposing a sanction and period of the sanction shall weigh and consider the defendant's inmate rule violation history as documented by the defendant's case record covering the:
G. Except as provided in Regulation .25 of this chapter, all sanctions, including loss of earned credits, may be applied to the current term of confinement even if the conduct underlying the conviction occurred on a previous term of confinement or while the defendant was classified as a pre-trial inmate.
H. A sanction being served by a defendant shall be suspended and subsequently resumed at the time when the defendant: