1694

LAWS OF MARYLAND

Ch. 132

CHAPTER 132

(Senate Bill 90)

AN ACT concerning

Inmate Grievance Commission - Judicial Review

FOR the purpose of prohibiting a court from entertaining certain
inmate grievances until exhaustion of remedies before the
Inmate Grievance Commission.

BY repealing and reenacting, with amendments,

Article 41 - Governor - Executive and Administrative

Departments
Section 204F(1)
Annotated Code of Maryland
(1982 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 41 - Governor - Executive and Administrative

Departments

204F.

(1) No court shall [be required to] entertain an inmate's
grievance or complaint within the jurisdiction of the Inmate
Grievance Commission unless and until the complainant has
exhausted the remedies as provided in this section. Upon the
final decision of the Secretary of Public Safety and Correctional
Services, the complainant shall be entitled to judicial review
thereof. Proceedings for review shall be instituted in the
circuit court of the county in which is located the institution
where the complainant is confined. Review by the court shall be
limited to a review of the record of the proceedings before the
Commission and the Secretary's order, if any, pursuant to such
proceedings. The court's review shall be limited to a
determination of whether there was a violation of any right of
the inmate protected by federal or State laws or constitutional
requirements.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 21, 1985.