§ 5-1001. Definitions

MD Cts & Jud Pro Code § 5-1001 (2019) (N/A)
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(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.