Md. Code Regs. 12.02.25.03

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

Section 12.02.25.03 - Procedure

A. Before the development of a MAP proposal:

(1) Division staff shall explain the requirements and procedures of MAP to the inmate;

(2) An assessment shall be completed for each eligible inmate which, at a minimum, shall address the following areas:

(a) Security and custody risks of the inmate;

(b) Inmate's criminal history;

(c) Nature and circumstances of the inmate's current offense;

(d) Addictions assessment;

(e) Medical evaluation;

(f) Work and skill training history;

(g) Educational data; and

(h) Other data pertinent to the case such as psychosocial assessments or psychological evaluations;

(3) Division staff shall establish MAP negotiating parameters which shall:

(a) Establish the terms that the Division negotiator may approve at MAP negotiation;

(b) Address at least the following areas of a MAP agreement and which shall be approved by the Commissioner:

(i) Academic programming,

(ii) Vocational programming,

(iii) Treatment programming,

(iv) Behavioral requirements,

(v) Work release assignments,

(vi) Institutional transfers,

(vii) Changes in security, and

(viii) Parole release.

B. In addition to having the MAP negotiation parameters approved by the Commissioner, final approval of a MAP agreement requires the agreement and signature of:

(1) The inmate;

(2) A representative from the Parole Commission; and

(3) The Commissioner.

C. The inmate's case management specialist shall be responsible for monitoring the progress of each MAP agreement to ensure that it is being implemented. The case management specialist shall:

(1) Take appropriate action to ensure that all scheduled activity is carried out within the time criteria established in the agreement;

(2) Routinely assess the progress of an inmate, provide counseling when necessary, and propose changes in the agreement when necessary; and

(3) Report each incident of failure to implement a requirement of the agreement to the case management unit at Division headquarters.

D. When a violation of the MAP agreement is reported, staff of the case management unit shall determine, under the terms of the agreement, whether the reported facts constitute a violation of specific agreement criteria. If it is determined that a violation has occurred, case management unit staff shall prepare a written notice describing the breach of the terms of the agreement. Case management staff shall:

(1) Recommend cancellation of the agreement; or

(2) Recommend amending the terms of the agreement and forward copies of the recommendation to the:

(a) Inmate, and

(b) Maryland Parole Commission.

E. A MAP agreement may be cancelled if the terms of the agreement have been violated, or new information is received which was not known before the MAP negotiation hearing, and at least one of the signers of the agreement requires cancellation. A MAP agreement may also be cancelled at any time at the inmate's written request for any reason. Once a MAP agreement is cancelled, the inmate is subject to routine classification and parole procedures.

F. Completion of Terms of MAP Agreement.

(1) Upon completion of the terms of the MAP agreement, the inmate's case management specialist shall provide the case management unit staff with certification that the inmate has successfully completed the requirements of the agreement.

(2) Case management unit staff shall review and verify the information in §F(1) and forward it to the Parole Commission before the inmate's scheduled release date.

(3) Parole Commission staff shall then ensure that, contingent upon successful completion of all criteria of the MAP agreement, the inmate shall be released as scheduled.

Md. Code Regs. 12.02.25.03

Regulation .03 amended effective April 8, 1996 (23:7 Md. R. 554)