Maryland Courts and Judicial Proceedings Section 5-1001

Article - Courts and Judicial Proceedings

§ 5-1001.

      (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.



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