Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 12. Department of Public Safety & Correctional Services |
Subtitle 02. DIVISION OF CORRECTION |
Chapter 12.02.28. Administrative Remedy Procedures to Resolve Inmate Complaints |
Sec. 12.02.28.04. Conditions of Confinement Subject to the ARP
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A. An inmate may use the ARP to resolve a complaint related to:
(1) Correctional facility policy and procedures;
(2) Medical and mental health services;
(3) Access to a court;
(4) Religious liberties;
(5) Inmate property that is:
(a) Lost;
(b) Damaged;
(c) Stolen;
(d) Destroyed; or
(e) Confiscated;
(6) Complaints against staff;
(7) Use of force;
(8) Sentence computation and diminution of confinement;
(9) Correctional facility conditions affecting inmate:
(a) Health;
(b) Safety; or
(c) Welfare;
(10) Retaliation for seeking to resolve a complaint through the ARP;
(11) Management and application of the procedures under this chapter for resolving an inmate complaint;
(12) Commissary; and
(13) Inmate telephone system.
B. An inmate may not use the ARP to resolve a complaint concerning:
(1) Case management recommendations and decisions;
(2) Parole Commission procedures and decisions;
(3) Inmate disciplinary hearing procedures and decisions;
(4) Appeals of a decision to withhold inmate mail; or
(5) The following acts by staff or another inmate, which shall be addressed according to Department procedures for addressing complaints under the Prison Rape Elimination Act:
(a) Rape;
(b) Sexual assault, sexual harassment, sexual abuse; and
(c) Other sexual misconduct.