Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS
Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions
Section 12.14.04.07 - Standards-Hearings

Universal Citation: MD Code Reg 12.14.04.07

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

The managing official shall have a written policy and procedure:

A. Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:

(1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;

(2) Inmate appearance at the disciplinary hearing:
(a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and

(b) Not less than 24 hours after notification of charges, unless waived by the inmate;

(3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;

(4) A record of hearing decisions and rationale;

(5) Review by the managing official or designee of hearing decisions adverse to the inmate;

(6) An appeal process; and

(7) A report of all hearing decisions to the managing official or designee; and

B. Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures.

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