Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 03 - OPERATIONS
Chapter 12.03.01 - Inmate Disciplinary Process
Section 12.03.01.33 - Disciplinary Proceeding Procedures - Post Disciplinary Proceedings Phase - Review by the Secretary

Universal Citation: MD Code Reg 12.03.01.33

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

A. The Secretary, or a designee, has the:

(1) Authority and discretion to modify, suspend, or terminate the inmate disciplinary process consistent with due process; and

(2) Final authority to interpret the time and procedure requirements of the inmate disciplinary process.

B. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may review a disciplinary proceeding or hearing officer's decision regarding the inmate rule violation charged.

C. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may take an action regarding a disciplinary proceeding or hearing officer's or staff's decision regarding the inmate rule violation charged that includes, but is not limited to:

(1) Remanding the inmate rule violation charged for:
(a) A de novo or new inmate disciplinary proceeding; or

(b) Other action permitted under this chapter;

(2) Modifying or vacating a sanction imposed regarding the inmate rule violation found guilty or an informal disposition;

(3) Reversing a decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or due to an informal resolution;

(4) Reducing a decision regarding the inmate rule violation charged or an informal disposition to an incident report; or

(5) Vacating the decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or reduction to an informal resolution.

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