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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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COURTS AND JUDICIAL PROCEEDINGS |
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TITLE 5. LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES |
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SUBTITLE 10. PRISONER LITIGATION ACT |
§ 5-1001. Definitions
Latest version.
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(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Administrative remedy. --
(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) Civil action. --
(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. -- "Conditions of confinement" means any circumstance, situation or event that involves a prisoner's custody, transportation, incarceration, or supervision.
(e) Custodian. -- "Custodian" means the institution or agency that has custody of the prisoner.
(f) Department. -- "Department" means the Department of Public Safety and Correctional Services.
(g) Prisoner. --
(1) "Prisoner" means a person who is in the custody of the Department or a local detention center.
(2) "Prisoner" includes pretrial detainees.