Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 12. Department of Public Safety & Correctional Services |
Subtitle 14. COMMISSION ON CORRECTIONAL STANDARDS |
Chapter 12.14.03. Minimum Standards for Adult Detention Centers |
Sec. 12.14.03.08. Standards—Hearings
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The managing official of a correctional facility is responsible for the following:
A. A written policy and procedure governing a formal disciplinary hearing by an impartial individual or committee of individuals not directly involved in the incident, which include provisions for:
(1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;
(2) Inmate appearance at the disciplinary hearing:
(a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and
(b) Not less than 24 hours after notification of charges, unless waived by the inmate;
(3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;
(4) A record of hearing decisions and rationale;
(5) Review by the managing official or designee of hearing decisions adverse to the inmate;
(6) An appeal process; and
(7) A report of all hearing decisions to the managing official or designee; and
B. A written policy and procedure ensuring that individuals having direct contact with inmates are informed of the facility rules and regulations and disciplinary procedures.