Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 03 - OPERATIONS
Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations
Section 12.03.02.07 - Appeal of Involuntary Suspension from the RDP
Universal Citation: MD Code Reg 12.03.02.07
Current through Register Vol. 51, No. 19, September 20, 2024
A. An inmate may appeal a facility chaplain 's, or a designee's, decision made in accordance with Regulation .06 of this chapter.
B. An inmate filing an appeal under §A of this regulation shall:
(1) File the appeal within 5 business days of the date of the adverse decision;
(2) Submit the appeal on a form or in a manner approved by the Chief of Religious Services to the facility chaplain, or a designee; and
(3) Remain in the RDP during the appeal process.
C. Within 10 business days of receipt of an appeal under §B of this regulation, the facility chaplain, or a designee, shall:
(1) Attach the inmate's appeal to other forms completed as part of the action taken by the facility chaplain, or a designee, to remove the inmate from the RDP;
(2) Provide a written recommendation regarding the appeal that includes the reason and support for the recommendation; and
(3) Forward the documents to the facility's managing official, or a designee.
D. Within 10 business days of receipt of an appeal under §C(3) of this regulation, the managing official, or a designee, shall:
(1) Review and, if necessary, obtain additional information concerning the documents received;
(2) Decide to:
(a) Affirm the original decision and sanction;
(b) Affirm the original decision and reduce the original sanction; or
(c) Overturn the original finding that a violation occurred;
(3) Provide a written decision that includes the reason and support for the decision; and
(4) Forward the documents to the facility chaplain, or a designee.
E. Upon receipt of a decision under §D(4) of this regulation, the facility chaplain, or a designee, shall comply with applicable requirements established under §D(2) of this regulation.
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