Md. Code Regs. 12.02.18.01

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

Section 12.02.18.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Adjudicated Federal Detainer.

(a) "Adjudicated federal detainer" means a detainer based on an offense for which the defendant has been:

(i) Tried;

(ii) Convicted;

(iii) Sentenced; and

(iv) Committed to the custody of the U.S. Attorney General.

(b) "Adjudicated federal detainer" does not mean a detainer:

(i) Based on an untried indictment, information, or complaint; or

(ii) Of federal parole or federal probation.

(2) "Commissioner" means the Commissioner of the Division of Correction or designee.

(3) Concurrent Federal Sentence.

(a) "Concurrent federal sentence" means a sentence which runs simultaneously with a Maryland sentence because it:

(i) Has a beginning date expressly stated on its judgment and commitment record; or

(ii) Is expressly described on a federal commitment record, to run concurrent with a Maryland sentence.

(b) "Concurrent federal sentence" also means a federal sentence to which a Maryland sentence is concurrent.

(c) Each additional federal sentence shall be considered consecutive to the Maryland sentence.

(4) "Division" means Division of Correction.

(5) "Eligible person" means an inmate who meets the criteria for transfer to Patuxent Institution in Correctional Services Article, § 4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05B.

(6) "Field compact administrator" means the case management manager, supervisor, or specialist within each correctional institution who coordinates all actions involving the Interstate Corrections Compact.

(7) "Headquarters compact administrator" means the headquarters staff person appointed by the Commissioner as the administrator for implementation of the Interstate Corrections Compact.

(8) "Interstate Corrections Compact" means a legal agreement enabling a signatory state to the Interstate Corrections Compact, which has a contractual agreement with Maryland, to consider the transfer of an inmate sentenced to a correctional institution of the other signatory state for confinement and program participation, if appropriate.

(9) "Signatory state" means a state which has enacted legislation to implement the Interstate Corrections Compact and has a contractual agreement with Maryland for transferring inmates.

(10) Total Sentence.

(a) "Total sentence" means an inmate's last expiring operative sentence.

(b) If an inmate is serving a single sentence, it is that sentence.

(c) If an inmate is serving a combination of concurrent sentences, it is the sentence that will expire last.

(d) If the inmate is serving a combination of consecutive sentences, it is the sentence or sum of sentences that will expire last.

(11) "Unserved balance of the total federal sentence" means the:

(a) Interval from the date of sentence calculation to the presumptive parole release date of the total federal sentence, if one exists;

(b) Interval from the date of sentence calculation to the maximum expiration date of the total federal sentence; or

(c) Length of the total federal sentence considering the unique circumstances of the case.

(12) "Unserved balance of the total Maryland sentence" means the interval from the date of consideration for eligibility for parole to an adjudicated federal detainer, to the current mandatory release date on the total Maryland sentence.

Md. Code Regs. 12.02.18.01

Regulation .01B amended effective March 27, 1995 (22:6 Md. R. 474)