Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 12. Department of Public Safety & Correctional Services |
Subtitle 12. PATUXENT INSTITUTION |
Chapter 12.12.24. Access to Inmate Records |
Sec. 12.12.24.01. Definitions
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A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Confidential material" means any of the following:
(a) Addresses and telephone numbers on victim notification or victim impact letters;
(b) Police reports;
(c) Juvenile records;
(d) Presentence investigations;
(e) Medical records, as defined in Health-General Article, §4-302, Annotated Code of Maryland, which include mental health records;
(f) Board of Review hearing reports;
(g) Parole progress file;
(h) Information obtained under the promise of confidentiality; and
(i) Information pertaining to an ongoing or pending investigation.
(2) "Inmate" means an eligible person, as defined in COMAR 12.12.01.03B(9), or a Division inmate who has been referred to the Institution for evaluation.
(3) "Inmate base file" means the personal record of an inmate, which shall include, to the extent not prohibited by federal law, and to the extent they are physically available:
(a) Police reports and other relevant information concerning the crime of which the inmate was most recently convicted and the sentence imposed for that conviction;
(b) The inmate's prior criminal and juvenile history, and all relevant records concerning it;
(c) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;
(d) School records;
(e) Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and
(f) All other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.
(4) "Mental health records" means any manual or automated record of mental health assessment or care maintained on an inmate, including psychological reports, psychiatric evaluations, evaluation reports, social histories, and any correspondence relating to therapy.