A. Privilege Suspension.
- (1) Suspension of a defendant’s Department or facility inmate privileges may be imposed as a sanction for an inmate rule violation of which the defendant was found guilty or as part of an offer of informal disposition.
- (2) Suspension of Department or facility inmate privileges is based on the judgment of the hearing officer or staff offering the informal disposition.
- (3) The hearing officer or staff may suspend a defendant’s Department or facility inmate privileges as a sanction for the period specified under this regulation.
(4) Staff may:
- (a) Only impose a sanction as part of an informal disposition agreed to by the defendant; and
- (b) Not impose a sanction while the defendant is pending a disciplinary proceeding.
- (5) A defendant may be placed on administrative segregation pending a disciplinary proceeding for safety or security reasons.
B. Informal Disposition or Alternative Disciplinary Sanctions.
- (1) An informal disposition sanction or alternative disciplinary sanction is separate and distinct from the revoking of earned credits and disciplinary segregation as a sanction.
- (2) The hearing officer or staff when offering a defendant an informal disposition shall include a sanction from the sanctions listed under §C of this regulation.
- (3) The hearing officer may impose an alternative disciplinary sanction listed under §D of this regulation for the defendant’s inmate rule violation resulting in a guilty finding.
(4) An alternative disciplinary sanction may be imposed independently of or in conjunction with:
- (a) Another alternative disciplinary sanction;
- (b) Revoking earned credits; or
- (c) Disciplinary segregation.
C. Informal Disposition Sanctions. The following may be imposed as a sanction under an informal disposition:
- (1) Reprimand;
- (2) Sanitation assignment for a specific period up to but not to exceed 15 calendar days;
- (3) Restitution;
(4) Suspension of any of the following privileges:
- (a) Radio, compact disc or tape player, digital music player, video game player, television, telephone, or commissary, privileges excluding personal hygiene and legal correspondence items, for a specified period up to but not to exceed 30 calendar days;
- (b) Catalog privileges for a specified period up to but not to exceed 180 calendar days;
- (c) Visitation privileges, except legal and clergy, for a specified period up to but not to exceed 30 calendar days;
- (d) A specified Department or facility inmate privilege not included in this regulation for a specified period up to but not to exceed 30 calendar days; or
- (5) Cell restriction for a specified period up to but not to exceed 15 calendar days.
D. The following may be imposed as a sanction under an alternative disciplinary sanction:
- (1) Reprimand;
- (2) Sanitation assignment for a specified period up to but not to exceed 30 calendar days;
- (3) Restitution;
(4) Suspension of any of the following privileges:
- (a) Radio, compact disc or tape player, television, telephone, or commissary, excluding personal hygiene and legal correspondence items, privileges for a specified period up to but not to exceed 60 calendar days;
- (b) Catalog privileges for a specified period up to but not to exceed 365 calendar days;
- (c) Visitation privilege, except legal and clergy, for a specified period up to but not to exceed 60 calendar days; or
- (d) A Department or facility privilege not included in this regulation for a specified period up to 60 calendar days;
- (5) Cell restriction for a specified period up to but not to exceed 30 calendar days; or
- (6) Restriction of visitation privilege, except for legal and clergy visitation, to immediate family members for a specified period of up to 180 calendar days.
E. Cell restriction under this regulation:
- (1) Shall include a requirement that the defendant is restricted to a designated location and prohibited from participation in all Department or facility inmate privileges and activities to include recreation and commissary; but
(2) May not prohibit the defendant from participation in:
- (a) Work, program, or school assignments;
- (b) Meals as scheduled by the facility;
- (c) Shower periods as scheduled and permitted by the facility staff for an inmate designated cell restriction status;
- (d) Visitation periods as scheduled and permitted by the facility’s rules;
- (e) Facility passes as scheduled and permitted by facility staff;
- (f) A religious service as scheduled and permitted by the facility’s rules;
- (g) Case management, medical, or psychological appointments as scheduled and permitted by facility staff; and
- (h) Commissary purchases of personal hygiene and legal correspondence items permitted by the facility’s rules.
- (3) Cell restriction and segregation may not be served or imposed consecutively.
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland
Effective date: July 2, 2018 (45:13 Md. R. 668)