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§ 4-209. Incarcerated individual record

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2023

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 4. Patuxent Institution (Refs & Annos)
Subtitle 2. General Provisions
Effective: October 1, 2023
MD Code, Correctional Services, § 4-209
§ 4-209. Incarcerated individual record
(a) The Institution shall compile and maintain a complete record of each incarcerated individual transferred to it for evaluation or treatment.
(b) The record shall include the following materials to the extent that the materials are physically available and the inclusion is not prohibited by federal law:
(1) police reports and other relevant information concerning the crime of which the incarcerated individual was most recently convicted and the sentence imposed for that conviction;
(2) the incarcerated individual's criminal and juvenile history and all relevant records concerning this history;
(3) presentence investigation, parole, probation, and other reports concerning the incarcerated individual;
(4) school records;
(5) information concerning the incarcerated individual's medical and mental health history, including relevant medical and hospital records and reports; and
(6) all other relevant information, records, and reports concerning the incarcerated individual's social, physical, or mental condition and history.
(c)(1) The Institution shall record a full and accurate description, including photographs, of each incarcerated individual transferred to the Institution for treatment.
(2) The Institution may adopt the Bertillon method or any other accurate method of description, measurement, and registration.
(d)(1) In order that the Institution may comply with this section, all State and local officials and units:
(i) shall cooperate with the Institution; and
(ii) promptly, on request of the Institution, shall furnish or cause to be furnished to the Institution the information, records, and reports in their possession.
(2) The provisions of § 3-8A-27(b) of the Courts Article do not apply to a request made for juvenile records under this section.
(e) To the extent that any record, report, or information compiled under this section is legally confidential, it shall remain confidential and may not be disclosed to any person or unit except to:
(1) the Commissioner or the Commissioner's authorized staff;
(2) the Division of Parole and Probation;
(3) the Maryland Parole Commission;
(4) a State's Attorney, when required in the prosecution or defense of a proceeding in court;
(5) a federal, State, or local law enforcement officer on a written request signed by an authorized commanding officer of the law enforcement unit certifying that the record, report, or information is needed for a pending investigation;
(6) an authorized correctional official or probation officer of:
(i) the United States; or
(ii) a state, if that jurisdiction has made reciprocal provision by law to furnish similar records, reports, or information to comparable officials of this State;
(7) the Attorney General;
(8) the Incarcerated Individual Grievance Office, to the extent relevant to a matter pending before it and with the written consent of the incarcerated individual to whom the record, report, or information pertains;
(9) the Division of Rehabilitation Services of the Department of Education solely to determine if an incarcerated individual confined at the Institution qualifies for benefits provided by that Division;
(10) providers of medical care to the extent necessary to ensure proper medical treatment;
(11) a judge of a circuit court or the District Court when required in connection with a pretrial release, presentence, or postsentence investigation; and
(12) State, local, and federal units and private agencies to the extent that the release of the record, report, or information will benefit an eligible person but only with the written consent of the incarcerated individual to whom the record, report, or information pertains.
(f) Confidential records, reports, or information may be disclosed under subsection (e) of this section only if the Director reasonably believes that the record, report, or information:
(1) will be used solely for the legitimate purposes of the person or unit receiving it; and
(2) will not be further disseminated to any person or unit not authorized to receive it under subsection (e) of this section.
(g) Juvenile records obtained under subsection (d) of this section may be disclosed only:
(1) to a person or unit listed in subsection (e)(1), (2), and (3) of this section; and
(2) in accordance with subsection (f) of this section.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999; Acts 2001, c. 29, § 5, eff. April 10, 2001. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 31B, § 13.
MD Code, Correctional Services, § 4-209, MD CORR SERV § 4-209
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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