Sec. 12.12.02.01. General Referral Criteria

A. To be eligible for referral to the Institution for evaluation, Division inmates shall meet both of the following criteria:

(1) Have at least 3 years remaining on their sentences of criminal imprisonment; and

(2) Have not been evaluated by the Institution, or admitted to the Institution as an eligible person, within the preceding 3 years.

B. The following Division inmates are excluded from eligibility for referral to the Institution for evaluation:

(1) With the exception of inmates incarcerated for crimes committed on or before July 1, 1987, inmates serving two or more sentences of imprisonment for life under the provisions of Criminal Law Article, Title 2, Subtitle 2, Annotated Code of Maryland;

(2) With the exception of inmates incarcerated for crimes committed on or before July 1, 1987, inmates serving one or more sentences of imprisonment for life when a court or jury has found, beyond a reasonable doubt, that one or more aggravating circumstances existed under the provisions of Criminal Law Article, §2-303, Annotated Code of Maryland;

(3) With the exception of inmates incarcerated for crimes committed on or before March 20, 1989, inmates convicted of murder in the first degree, rape in the first degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of sentencing or in the exercise of the judge's revisory power under the Maryland Rules, recommends to the Commissioner that the inmate be referred to the Institution for evaluation; and

(4) Inmates who have unresolved interstate or federal detainers, or pending charges.