Md. Code Regs. 12.02.03.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.02.03.10 - Facility Management

A. General Administration.

(1) Any private agency operating a facility shall have:

(a) A constitution or articles of incorporation which meet all of the legal requirements of the State;

(b) Documentation of its tax status with the Internal Revenue Service; and

(c) By-laws, approved by the local governing board and filed with the appropriate local, State, and/or federal bodies.

(2) The facility shall have a program design approved by the Commissioner, which describes:

(a) What is to be done to whom, by whom, why, at what cost; and

(b) How an outside observer can judge whether or not the program is achieving what it is designed to achieve.

(3) The facility shall have a current organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the facility.

(4) In order to facilitate the administration and operation of the facility, written rules and regulations shall be promulgated, published and made available to all staff members.

(5) The rules and regulations shall be assembled as a procedures manual.

(6) The procedures manual shall be bound in a loose leaf binder in order to facilitate changes, additions, and deletions.

(7) A copy of the procedures manual shall always be in the possession of that individual who at any given time is responsible for the operations of the facility. Other copies shall be available for use of other staff.

(8) The procedures manual shall contain sample copies of all forms and reports and an explanation for initiating, completing and distributing forms and reports required.

(9) All counseling/security staff shall be required to be familiar with the community adult rehabilitation center standards, the facility program design and procedures manual. The facility shall maintain, on file, a statement signed by each staff member which acknowledges this familiarity.

(10) All written policies and procedures shall include purpose, other policies and procedures affected, explanation, action required, cancellation date, and distribution.

(11) At all times, a staff member, physically present in the facility, shall be designated to be "in charge". The facility's policies and procedures shall identify the responsibilities of this person.

(12) The procedures manual shall include emergency procedures which outline specific responsibilities in case of emergency including: riot, fire, assault, rebellion, or any other emergency.

(13) The emergency procedures shall be prepared in cooperation with pertinent state and local agencies including fire, police and civil defense, and shall conform to all appropriate statutes.

(14) All agencies involved in the preparation of emergency procedures or having responsibilities for carrying out the procedures shall be distributed a current copy for reference.

(15) The facility shall have a written emergency evacuation plan which shall be disseminated to staff and inmates and shall be posted in a conspicuous place.

(16) The facility director, at least annually, shall request an inspection of the facility by the local fire inspector, health inspector and building inspector. Reports of all inspections conducted shall be maintained for a period of at least 3 years.

B. Food Service.

(1) The facility shall insure that the food service provided meets or exceeds any nutritional standards as recommended by the dietary allowance of the Food and Nutrition Board of the National Research Council and the Department of Health and Mental Hygiene and local health department.

(2) All food service shall be according to COMAR 10.15.03.

(3) Three wholesome meals a day of sufficient quantity and quality shall be served at the customary times of breakfast, lunch and supper.

(4) The facility shall provide advance monthly planned menus to assist in budget planning, food quality control, and to inform the inmates what will be served at each meal. This menu shall be posted in a conspicuous location that is accessible to inmates. Copies of all menus shall be retained for inspection purposes.

(5) The facility food service plan shall be periodically reviewed and approved by a certified dietitian or local health authorities.

(6) The facility shall provide properly ventilated and adequately furnished dining area or areas.

(7) Special diets as prescribed by a physician or a certified dietitian, shall be available for those inmates under medical treatment or in need of these diets for other approved reasons.

(8) At least one member of the facility staff shall supervise the kitchen in the preparation and serving of food.

(9) Facility staff, corrections, sheriff's department, or any other city, county, or State personnel may not have their salary, commissions, or any other payments tied to savings in facility operations.

C. Medical.

(1) Inmate medical and dental records are confidential and shall be handled only by properly authorized personnel.

(2) An inmate shall be provided medical and dental care for conditions which, in a professional opinion, are of immediate concern and must be treated. This care shall be of a quality commensurate with good medical practice.

(3) Standard first aid supplies as required by O.S.H.A. shall be available on the premises at all times.

(4) The facility shall maintain an inventory control list of first aid equipment and supplies to ensure the equipment and supplies are sufficient at all times.

(5) At least one staff member per shift who has completed the American Red Cross Advanced First Aid and Emergency Care and Coronary Pulmonary Resuscitation courses or their equivalent shall be present in the facility at all times.

(6) The facility shall have established procedures whereby inmates can report illnesses and request treatment in writing. These shall be outlined in the inmate rules and regulations.

(7) The facility shall have written medical emergency procedures that insure appropriate response to medical emergencies, and the staff shall be familiar with these procedures.

(8) Narcotics and other medication shall be properly stored and inventoried in accordance with all applicable federal, State, and local regulations.

(9) All prescribed medication for inmates shall be centrally stored in a secure storage area controlled by the staff. Inmates shall normally be given their prescribed daily dosage one day at a time.

(10) A report of all physician visits, inmate treatment, and complaints or requests for treatment shall be incorporated in the inmate's file.

(11) As soon as possible after occurrence of any serious illness or injury to an inmate, every possible effort shall be made to report the occurrence to the inmate's next of kin or a person designated by the inmate. If at all possible, this should be accomplished within 4 hours of the incident. All these efforts shall be documented in the facility log.

(12) As soon as possible, and in all cases within 2 hours after receipt, inmates shall be notified when information is received of a serious matter concerning the inmate's family.

(13) At least one litter stretcher and storage for it shall be provided for the transportation of the critically ill or injured.

(14) The facility shall provide for completion of necessary laboratory tests as ordered by a physician.

(15) The facility shall have a written policy regarding the possession and use of controlled substances, prescribed medications, and over-the-counter drugs.

(16) An inmate who has been determined to be a drug addict shall be placed under appropriate treatment.

(17) The determination of addiction and treatment of an addicted inmate shall conform to the guidelines and regulations promulgated by the federal government and the Maryland State Drug Abuse Administration.

D. Sanitation.

(1) A daily routine of work necessary to keep the facility clean shall be established and followed.

(2) A member of the facility staff shall make daily sanitation and safety inspections.

(3) The director shall conduct periodic, unannounced sanitation inspections of the facility.

(4) The facility shall furnish laundry services or provide facilities for washing personal clothing, as well as bedding, and other washable items.

(5) Blankets, pillows and mattresses shall be cleaned before issue and when necessary during use.

E. Personnel.

(1) The facility shall observe the personnel policies of the State, if operated by the State, or of the county, if operated by a county.

(2) Any private agency operating a facility or any county which may not have written personnel policies adopted by the governing body shall have policies including at a minimum:

(a) Organization chart;

(b) Employment practices and procedures;

(c) Promotion;

(d) Job qualifications;

(e) Grievance procedures;

(f) Employee evaluation;

(g) Personnel records;

(h) Benefits;

(i) Holidays;

(j) Vacations;

(k) Hours of work;

(l) Salaries (or the base for determining salaries);

(m) Suspension;

(n) Termination; and

(o) Resignation.

(3) The facility or agency shall have documentation to show that job descriptions and job qualifications exist for all positions in the facility.

(4) The personnel record of the employees shall be confidential and shall be maintained in a locked file which shall be confidential.

(5) The facility or agency may not have a policy which excludes the employing of ex-offenders.

(6) The facility or agency shall provide initial orientation for all new employees upon employment.

(7) The facility or agency shall have a written program of in- service training for all employees, using their own resources and other resources in the community.

F. Inmate Rules and Regulations.

(1) The facility shall have written inmate rules and regulations.

(2) Inmate rules and regulations shall be written and organized in a simple and understandable form.

(3) At admission, each inmate shall be given a copy of the rules and regulations to read and retain.

(4) If an inmate cannot read, the rules and regulations shall be read to the inmate.

(5) After reading or being read the rules and regulations, inmates shall be required to sign an appropriate form acknowledging that they have read (or have been read) the rules and understand them.

(6) All facility staff shall be familiar with the inmate rules and regulations.

(7) Before their publication, the inmate rules and regulations shall be approved by the attorney general, county attorney, or city solicitor, as the case may be.

(8) The inmate rules and regulations shall specify any actions that can lead to administrative (non-punitive) removal from the facility. Inmate regulations shall provide that transfers of inmates to Division of Correction institutions of greater security shall conform with applicable Division of Correction regulations.

(9) The inmate rules and regulations shall outline inmate grievance procedures.

(10) There shall be a written procedure for inmates to make complaints or grievances which shall outline required staff action for investigating and resolving the complaints or grievances.

(11) A written disciplinary report of all violations of inmate rules and regulations shall be made and shall include:

(a) The name of the inmate and the alleged offense;

(b) A description of the complaint;

(c) Names of any witnesses; and

(d) The signature of the staff member making the report.

(12) The inmate rules and regulations shall include the established adjustment procedure for imposing punishment for violations of inmate rules. All disciplinary action shall be in accordance with these procedures.

(13) The adjustment procedure shall include:

(a) Written notice to inmates of the charges against them; the written notice of the charges shall include a statement of the allegations;

(b) An opportunity to prepare a defense to the charges, with the possibility of assistance by another inmate or staff member;

(c) A summary hearing before an impartial senior-level staff member (not the director) for those minor violations delineated by the facility's regulations, and a hearing before an adjustment team for serious violations;

(d) An opportunity for the inmates to be represented by another inmate or staff member at the hearing to present evidence and witnesses in their own behalf and confront and cross-examine witnesses against them if the adjustment team determines it is practical or relevant to the inmate's case; inmates shall be allowed at least 24 hours from time of notice of infraction to the disciplinary hearing to prepare a defense and to confer with potential witnesses;

(e) A decision based upon the evidence produced at the hearing in support or denial of the charge;

(f) A permanent record of the proceedings; and

(g) An opportunity for appeal to the facility director or designee.

(14) The adjustment team shall be comprised of at least two impartial staff members, neither of whom was a party to the violation;

(15) One inmate resident of the facility may be assigned as a member of the adjustment team. In these cases the inmate may be permitted a vote in the determination of guilt or innocence but may not participate in the process of affixing a penalty or disciplinary action.

(16) Violations of the criminal code of Maryland shall be referred to proper authorities for appropriate criminal proceedings.

(17) The following are penalties or disciplinary actions, only one of which may be imposed by summary hearings for each minor violation of inmate rules and regulations:

(a) Counseling or reprimand;

(b) Assignment to no more than 20 hours of extra duty;

(c) Loss of participation in facility sponsored recreation, athletic, or cultural activities for a maximum of 15 days;

(d) Required participation in a program designed to correct the cause of the disciplinary problem;

(e) Loss or reduction of leave privileges for a maximum of 30 days;

(f) Restriction to the facility except for authorized work, training, education, or other specifically excepted purpose for a maximum of 15 days.

(18) The following are penalties or disciplinary actions, only one of which may be imposed by an adjustment team for each serious violation of inmate rules and regulations:

(a) Any penalty or disciplinary action provided for minor violations;

(b) Assignment to no more than 60 hours of extra duty;

(c) Loss or reduction of leave privileges for a maximum of 60 days;

(d) Restriction to the facility except for specifically excepted purposes for a maximum of 45 days;

(e) Loss of up to 30 days of good conduct time or segregation or suspension from the facility for a maximum of 15 days.

(19) In addition to any other penalty or disciplinary action imposed by an adjustment team, transfer to medium or maximum security confinement for suspension or termination from the facility program can be recommended for consideration by the facility's classification team.

(20) All disciplinary action shall be made a matter of facility records.

(21) Deviation from normal feeding procedures may not be used as a disciplinary action.

(22) Corporal punishment, in any form, may not be permitted.

(23) Contraband is anything not specifically authorized by the facility rules. The inmate rules and regulations shall stipulate what an inmate may or may not have on his person or in his sleeping quarters.

(24) Inmates shall be allowed to be reasonably visited by and to correspond with family members, friends, religious advisors, and prospective employers.

(25) The facility shall publish and post regulations and visiting hour schedules in an area within the facility that is accessible to inmates and to the public.

(26) Inmates shall be allowed at least twice weekly visits with family and friends.

(27) Denial of visits may not be used as a punishment, unless the reason for the denial stems from serious violation of the visiting rules or justifiable security threat.

(28) Confidential inmates' visits with their attorneys may not be denied at any time. Appropriate space for these visits shall be provided at the facility.

(29) There shall be established procedures for control of visits and handling of inmate mail.

(30) Mail sent from an inmate shall be sealed by the inmate and may not be opened or inspected by facility staff.

(31) Incoming inmate mail may be opened for inspection for contraband; however, it may not be read by the inspecting staff member and its confidentiality shall be maintained. Properly identified attorney and court mail for an inmate shall be opened only in the presence of the inmate to whom it is addressed.

(32) The facility shall permit inmates to reasonably decorate their sleeping quarters with personal possessions, pictures and posters.

(33) Inmates may not be forced to shave, or have their hair cut, unless there is a legitimate medical reason for doing so, and then only upon written orders by a physician.

(34) Each indigent inmate shall be entitled, upon entry into the facility and thereafter as often as it is necessary, to receive the following items on credit with reimbursement to be made by the inmate as soon as possible:

(a) Hygienic articles including toothpaste, a toothbrush, soap, a razor and razor blades, shaving cream and deodorant; and

(b) Paper, pencil, envelopes and stamps which allow an inmate written access to the courts, attorneys of record, and elected officials.

G. Work Release and Leave.

(1) The director or assistant director of a facility may grant an inmate the privilege of leaving the confines of the facility for the purpose of employment or seeking employment, participating in civic activities, volunteer work, or athletic competition, or making personal or family visits.

(2) For facilities staffed and operated by the Division of Correction, the Commissioner shall promulgate appropriate leave regulations subject to the approval of the Secretary.

(3) For facilities not staffed and operated by the Division of Correction, the following shall govern the granting of leave:

(a) The facility shall have a written leave policy which specifies the conditions under which an inmate may earn and be granted leave and the process for granting approval;

(b) Any leave granted shall be for a specifically designated purpose;

(c) The facility staff shall randomly verify the conformance of inmates on leave to the conditions of their leave;

(d) Unless they are within 4 weeks from actual release or parole, inmates may not be permitted to be on leave from the facility for more than two nights in any 7 day period;

(e) The director or assistant director shall specify, in writing, and sign the terms and conditions governing the granting of leave;

(f) Inmates on leave shall sign, and while on leave carry, their copy of the terms and conditions governing the grant of leave;

(g) The terms and conditions governing the grant of leave shall specify that "an inmate on leave shall be deemed to be in the custody of the facility to the same extent, and subject to the same supervision and control, as an inmate actually in the confinement of the Division of Correction, and any escape shall be punishable as provided in Criminal Procedure Article, §§9-406 and 9-407, Annotated Code of Maryland;" and

(h) Inmates on leave may not be permitted to visit any other state correctional institution without advance, written authorization from the managing officer of that institution.

(4) Facility staff or another responsible authority shall have a voice contact with each inmate's employer or trainer at least once every 2 weeks to verify attendance and determine progress in employment or training.

(5) For sentenced inmates involved in work release or other leave programs, urine specimens shall be collected at least every other week from all inmates and three times each week on alternate days, for all known drug users. A minimum of 50 percent of the samples collected shall be analyzed to determine drug usage.

(6) An inmate may not be permitted to leave the confines of the facility without being physically checked out of the facility by an authorized staff member.

(7) All inmates shall be checked into the facility by an authorized staff member.

H. Security.

(1) The facility shall establish and conform to appropriate written security procedures.

(2) Inmates shall be searched upon admission and periodically thereafter to prevent the flow of contraband.

(3) Complete facility shakedowns shall be conducted at least monthly.

(4) Any inmate personal property damaged, disassembled or otherwise left in a changed state by facility staff shall be returned to its original condition or, if necessary, replaced by the facility or the responsible staff members.

(5) Physical force shall only be used by facility personnel only to the extent necessary for self-defense, to protect staff, inmates and other individuals, to maintain order or to prevent escape or a riot.

(6) A written report of any use of physical force shall be made to the director and shall be maintained in the facility files.

(7) Facility keys shall be properly identified and stored in a secure area when not in use.

(8) A record shall be kept of all keys.

(9) Firearms, mace, tear gas or weapons of any other type may not be permitted in a facility.

Md. Code Regs. 12.02.03.10