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§ 3-601. Case record; processing of incarcerated individual

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

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 3. Division of Correction (Refs & Annos)
Subtitle 6. Incarcerated Individuals--Case Records; Disciplinary Action; Property; Financial Accounts (Refs & Annos)
Effective: October 1, 2023
MD Code, Correctional Services, § 3-601
§ 3-601. Case record; processing of incarcerated individual
(a) In this section, “risk and needs assessment” has the meaning stated in § 6-101 of this article.
(b) Promptly after an incarcerated individual is sentenced to the jurisdiction of the Division, the Division shall assemble an adequate case record for the incarcerated individual that includes:
(1) a description of the incarcerated individual;
(2) a photograph of the incarcerated individual;
(3) the family history of the incarcerated individual;
(4) the educational, vocational, and job history of the incarcerated individual;
(5) any previous record of the incarcerated individual;
(6) a summary of the facts of each case for which the incarcerated individual is serving a sentence; and
(7) as required under subsection (c) of this section, the results of:
(i) a risk and needs assessment of the incarcerated individual;
(ii) the physical and mental examination of the incarcerated individual; and
(iii) the educational, vocational, and job history interview of the incarcerated individual.
(c) The Division shall conduct, for each incarcerated individual, as soon as feasible after the individual is sentenced to the jurisdiction of the Division:
(1) a risk and needs assessment;
(2) a physical and mental examination; and
(3) an educational, vocational, and job history interview.
(d)(1) Based on the information assembled under subsection (b) of this section, the Division shall classify an incarcerated individual and develop a case plan to guide an incarcerated individual's rehabilitation while under the custody of the Division.
(2) The case plan developed under this subsection shall include:
(i) programming and treatment recommendations based on the results of the risk and needs assessment conducted under subsection (c) of this section;
(ii) required conduct in accordance with the rules and policies of the Division; and
(iii) a plan for the payment of restitution, not to supersede any payment plan established by the court, if restitution has been ordered.
(e) In accordance with regulations adopted by the Division, the managing official of each correctional facility shall maintain, as a part of an incarcerated individual's case record:
(1) an adequate record of the conduct, effort, and progress of the incarcerated individual during confinement; and
(2) a record of the character of any offense committed by the incarcerated individual and the nature and amount of punishment inflicted.
(f) To identify an incarcerated individual, the Division may photograph and fingerprint the incarcerated individual and record a description of the incarcerated individual's personal background data.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2018, c. 144, § 1, eff. Oct. 1, 2018; Acts 2018, c. 145, § 1, eff. June 1, 2018; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 27, §§ 691, 692.
MD Code, Correctional Services, § 3-601, MD CORR SERV § 3-601
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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