Md. Code Regs. 12.02.07.04

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

Section 12.02.07.04 - Access to Records

A. The Division shall compile and maintain a complete record and history of an inmate.

B. The Division shall also record a full and accurate description of an inmate committed to it, including photographs.

C. The Division shall seek the cooperation of State and local officials and agencies in order to obtain required information. Division staff shall promptly request the information, records, and reports from these officials to ensure that this section is complied with.

D. A warden may grant access to an inmate's records, except for a presentence investigation, without a written request, to:

(1) A provider of medical services, if the record is necessary to assure medical care;

(2) The inmate's attorney;

(3) An individual authorized by court order;

(4) An individual authorized by law;

(5) A Maryland judge; and

(6) A State's attorney.

E. A warden may grant access to an inmate's records, except for a presentence investigation, with a written request, to an:

(1) Employee of a State department or agency if the request is in the furtherance of the employee's lawful duties;

(2) Employee of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties; and

(3) Inmate or individual who has the written authorization of the inmate.

F. The Commissioner shall ensure that before granting access to an individual identified in §§D and E of this regulation, except a Maryland judge or a State's attorney, a warden shall also be satisfied that the records:

(1) Shall be used only for legitimate purposes of the individual or agency receiving them and not for an improper or unauthorized purpose; and

(2) May not be further disseminated to an individual or agency not authorized to receive them.

G. The Commissioner shall ensure that a warden grants access to an inmate's presentence investigation, upon request, to the inmate's attorney or to a State's attorney. The Commissioner shall ensure that a warden denies other requests for access to an inmate's presentence investigation unless the access is specifically granted by a court order or the access is requested for the use of a correctional institution.

H. The Commissioner shall ensure that:

(1) Records are reviewed in the presence of an institutional employee;

(2) A charge authorized by law is made for all photocopies provided; and

(3) A log containing the following is maintained:

(a) Date of review,

(b) Name of inmate,

(c) Commitment number of the inmate,

(d) Name of the person requesting access,

(e) Reason for the request, and

(f) Warden's signature for each approved request for access to inmate records.

I. Attorney Access to Base File Information.

(1) An attorney shall provide the Commissioner with a minimum of 24 hours notice in writing. A specific reason for the request shall be stated by the attorney. Merely noting "legal" is insufficient.

(2) Before review, the attorney shall provide the warden with an authorization for release of records form signed by the inmate.

(3) The Commissioner shall ensure that an attorney is required to show proper identification before access is permitted.

(4) An attorney may review only those records for which the request has been made in accordance with this regulation.

(5) If the records are to be reviewed by an employee or agent of the attorney, the Commissioner shall ensure that proper identification accompanies the employee and can be produced upon request.

(6) Records shall be reviewed in the presence of an institutional employee.

(7) Medical records which are the property of the Division are maintained by an outside medical provider. A request for these records shall be made in writing directly to the medical provider.

J. Inmate Access to Base File Information.

(1) An inmate may obtain access to base file information in accordance with procedures described in this section.

(2) A request for records review shall be submitted in writing to the warden and an acknowledgement of a request received shall be sent to the inmate.

(3) A review shall be scheduled within a reasonable time and conducted in the presence of Division staff.

(4) The name of an inmate shall be placed on a list maintained by the records department for inmates requesting file review.

(5) Records department personnel shall schedule records review.

(6) The records department shall ensure that material to which an inmate may not have access is removed.

(7) An inmate shall be permitted to review the inmate's base file once every 6 months, unless additional reviews are approved by the warden.

K. Inmate Access to Confidential Psychological Information.

(1) An inmate may obtain access to confidential psychological information in the inmate's base file in accordance with procedures described in this section.

(2) An inmate shall send a written request for access to the warden.

(3) A warden shall review a request with the appropriate psychology staff and decide if access may be granted.

(4) Access to psychological information may be denied by the warden if, in the opinion of the psychology staff, access to this information is psychologically contraindicated.

(5) If access is denied, the warden shall ensure that a summary of the records that are compatible with the inmate's current level of functioning shall be prepared and made available.

L. Fees.

(1) The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party. However, the custodian may not levy a preparation fee for the first 2 hours of official employee time that is needed to respond to a request. Copying and preparation fees shall be posted in the records department.

(2) A charge may not be made if the total amount of the fee is $1 or less.

(3) The Commissioner may waive the fee if the waiver is in the public interest.

(4) Photocopying will be done only after normal procedures have been followed for withdrawing money from the inmate's financial account or, in the case of outside parties, upon satisfactory arrangements for payment by the requesting party.

M. Appeals.

(1) If permission for access is granted, the records shall be reviewed in the presence of Division personnel. A record of this review shall be placed in the inmate's base file by records department personnel.

(2) If permission is denied, the person making the request shall be notified in writing. This notification shall be made part of the inmate's base file. An appeal of the warden's decision to deny access may be made to the office of the Commissioner. The Commissioner shall make a final determination on the request in accordance with COMAR 12.11.02.11B.

Md. Code Regs. 12.02.07.04

Regulations .04 amended effective June 17, 1996 (23:12 Md. R. 872)