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§ 5-1001. Definitions

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 10. Prisoner Litigation Act (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-1001
§ 5-1001. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Administrative remedy
(b)(1) “Administrative remedy” means any procedure for review of a prisoner's complaint or grievance, including judicial review, if available, that is provided by the Department, the Division of Correction, or any county or other municipality or political subdivision, and results in a written determination or disposition.
(2) “Administrative remedy” includes a proceeding under Title 10, Subtitle 2 of the State Government Article or Title 10, Subtitle 2 of the Correctional Services Article.
Civil action
(c)(1) “Civil action” means a legal action seeking money damages, injunctive relief, declaratory relief, or any appeal filed in any court in the State that relates to or involves a prisoner's conditions of confinement.
(2) “Civil action” includes:
(i) An appeal of an administrative remedy to any court;
(ii) A petition for mandamus against the prisoner's custodian, its officers or employees, or any official or employee of the Department;
(iii) Any tort claim against a custodian, the custodian's officers or employees, or any employee or official of the Department;
(iv) Any action alleging a violation of civil rights against a custodian, the custodian's officers and employees, or any official or employee of the Department; or
(v) Any appeal, application for leave to appeal, or petition for certiorari.
(3) “Civil action” does not include a postconviction petition or petition for habeas corpus relief.
Conditions of confinement
(d) “Conditions of confinement” means any circumstance, situation or event that involves a prisoner's custody, transportation, incarceration, or supervision.
Custodian
(e) “Custodian” means the institution or agency that has custody of the prisoner.
Department
(f) “Department” means the Department of Public Safety and Correctional Services.
Prisoner
(g)(1) “Prisoner” means a person who is in the custody of the Department or a local detention center.
(2) “Prisoner” includes pretrial detainees.

Credits

Added by Acts 1997, c. 495, § 1, eff. Oct. 1, 1997. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999.
MD Code, Courts and Judicial Proceedings, § 5-1001, MD CTS & JUD PRO § 5-1001
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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