§ 5-1001
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/md/courts-and-judicial-proceedings/5-1001·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–1001.
(a)In this subtitle the following words have the meanings indicated.
(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.
(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.
(1)“Prisoner” means a person who is in the custody of the Department or a local detention center.
(2)“Prisoner” includes pretrial detainees.