Sec. 12.12.27.06. Admission Criteria

A. An individual meeting the referral criteria in Regulation .04 of this chapter may be admitted to the Program if the Director determines that the individual:

(1) Has an emotional unbalance or intellectual impairment;

(2) Is likely to respond favorably to the programs and services provided at the Institution; and

(3) Can better respond to remediation through the services offered in the Program than through other types of incarceration.

B. Under the provisions of Correctional Services Article, §4-101(e), Annotated Code of Maryland, the following are ineligible for referral to the Institution for evaluation:

(1) An inmate 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) An inmate 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; and

(3) An inmate 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.