Sec. 12.12.03.05. Eligibility Criteria

A. A Division inmate shall be considered an eligible person if the evaluation team reaches all of the following conclusions:

(1) The inmate meets all of the referral criteria specified in COMAR 12.12.02.01 or .02;

(2) The inmate has an emotional imbalance or intellectual deficiency;

(3) The inmate can be expected to benefit from current programs and services provided at the Institution; and

(4) The inmate can be better habilitated through the Institution's programs and services than by other incarceration.

B. In making the determination required by §A of this regulation, the evaluation team may consider the following information concerning the Division inmate:

(1) Age;

(2) The nature of the offense;

(3) Current sentence;

(4) Prior criminal history;

(5) Disciplinary record; and

(6) Clinical criteria, as approved by the Director and the Secretary, to be used by the evaluation team in selecting candidates for vacancies in the roster of a specific program.