Section 5-1001 - Definitions. - Maryland Statutes

§ 5-1001. Definitions.
 

(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. 
 

[1997, ch. 495; 1999, ch. 64.]