Current through Register Vol. 51, No. 19, September 20, 2024
A. Upon receipt of a request for a Certificate of Rehabilitation in accordance with Regulation .05 of this chapter, the Director, or a designee, shall assign the request for a Certificate of Rehabilitation for investigation to a Division field office in the region in which the individual of record's term of probation, parole, or mandatory release was closed.
B. The agent assigned to conduct the investigation of a request for a Certificate of Rehabilitation shall:
(1) Complete the investigation within 45 days of the date the request is received by the agent; and
(2) Conduct and document the investigation in accordance with Division investigation requirements.
C. Before conducting a CHRI check as part of an investigation of a request for a Certificate of Rehabilitation, the agent conducting the investigation shall ensure that the individual requesting the Certificate of Rehabilitation has submitted written authorization for the CHRI check required in Regulation .05B(1) of this chapter.
D. If at any time during the investigation of a request for a Certificate of Rehabilitation the agent assigned the investigation determines that information exists to deny the request should be denied in accordance with provisions of Correctional Services Article, §
7-104, Annotated Code of Maryland, the investigator shall:
(1) Terminate the investigation;
(2) Document the findings and reason for denying the request for a Certificate of Rehabilitation in accordance with Division procedures; and
(3) Forward the documentation to the Director, or a designee, for approval.
E. If an investigation is not terminated in accordance with provisions under §D of this regulation or is returned by the Director, or a designee, for further investigation, the agent assigned the Certificate of Rehabilitation investigation shall complete the investigation within the 45-day period by:
(1) Reviewing information received as part of the investigation in concert with the purpose of and eligibility requirements established by statute and regulation for a Certificate of Rehabilitation;
(2) If the agent's investigation establishes that the individual meets the eligibility requirements for a Certificate of Rehabilitation, complying with notification requirements in accordance with §F of this regulation;
(3) Preparing and submitting to the Director, or a designee, a written report of findings in accordance with Division procedures;
(4) Submitting with the written report required in §E(3) of this regulation a copy of the notice required under §F of this regulation and a written response received or, if no response is received, a statement indicating that no response was received; and
(5) Including in the written report required in §E(3) of this regulation a statement, based on the investigation, indicating the applicant:
(a) Meets the criteria for a Certificate of Rehabilitation; or
(b) Does not meet the criteria for a Certificate of Rehabilitation.
F. Opportunity for Prosecutor and Crime Victim to Comment.
(1) Correctional Services Article, §
7-104, Annotated Code of Maryland, requires that if the Division intends to issue a Certificate of Rehabilitation that the following be provided an opportunity to comment on the issuance of the Certificate of Rehabilitation:
(a) State's Attorney or prosecutor responsible for the jurisdiction in which the conviction for the crime related to the Certificate of Rehabilitation occurred; and
(b) Victim or victims, if any, of the crime referenced in §F(l)(a) of this regulation.
(2) If an investigation required in §E of this regulation finds that the applicant for a Certificate of Rehabilitation meets eligibility criteria for a Certificate of Rehabilitation, within 5 workdays of the date of that determination the agent conducting the investigation shall prepare and send by U.S. Mail a written notice to the individuals identified in §F(1) of this regulation that includes:
(a) The full name of the individual requesting a Certificate of Rehabilitation;
(b) The court name, case number, and date of the conviction of the individual requesting a Certificate of Rehabilitation;
(c) A statement that:
(i) The named individual requested a Certificate of Rehabilitation;
(ii) By law, the prosecutor and victim have a right to comment on the issuance of the requested Certificate of Rehabilitation; and
(iii) A statement that the individual making the request for a Certificate of Rehabilitation meets statutory eligibility requirements for the Certificate of Rehabilitation;
(d) The name and title of the agent assigned to investigate the request for a Certificate of Rehabilitation;
(e) The address of the office to which a reply is to be sent; and
(f) A statement that if a response is not received within 15 calendar days of the postmark on the envelope containing the notice, the Division shall conclude the parties notified waive the right to comment under this section.
G. On completion of the investigation, the agent assigned to investigate a request for a Certificate of Rehabilitation on completion of the investigation shall forward the request, report of investigation, and related documentation to the Director or a designee.
