§ 5-1001

Maryland § 5-1001

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 5

Text

(a) In this subtitle the following words have the meanings indicated.

(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.

(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.

(d) “Conditions of confinement” means any circumstance, situation or event that involves a prisoner’s custody, transportation, incarceration, or supervision.

(e) “Custodian” means the institution or agency that has custody of the prisoner.

(f) “Department” means the Department of Public Safety and Correctional Services.

(g) (1) “Prisoner” means a person who is in the custody of the Department or a local detention center.

(2) “Prisoner” includes pretrial detainees.