Md. Code Regs. 12.02.17.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.02.17.03 - Disposition of Inmate Personal Property

A. The Commissioner shall establish procedures to ensure that a warden:

(1) Returns personal property to an inmate upon release; and

(2) Obtains a receipt from an inmate for the return of property.

B. Death of Inmate.

(1) The Commissioner shall ensure that if an inmate dies, an inmate's property, including institutional funds, is given to a person who possesses a letter of administration issued by a court.

(2) The Commissioner shall ensure that the next of kin is notified of personal property, including funds by registered mail, return receipt requested. A court-appointed personal representative shall claim the property within 30 days of notice to the next of kin.

(3) When a court-appointed personal representative claims property, that person shall provide a letter of administration. The Commissioner shall ensure that each warden retains a copy of the letter of administration for the institutional file.

(4) The Commissioner shall ensure that a receipt is obtained for property released to a personal representative and that the receipt is retained in the inmate's base file.

C. Holding of Personal Property. The Commissioner shall ensure that:

(1) Inmate personal property is held for 30 days when the property:

(a) Is in possession of the Division as a result of an escape, or

(b) Has been unclaimed by an inmate who has the right to its possession; and

(2) During the 30-day period:

(a) A notice is posted in a conspicuous location within the institution in which the property was initially secured;

(b) The warden delivers the unclaimed property in §C(1)(b) of this regulation being held to the inmate who establishes a right to its possession within the time period specified in this section; and

(c) A warden obtains from an inmate a signed receipt when property is turned over to the inmate.

D. Funds remaining in an inmate's institutional account shall remain in that account for 2 years after an escape, and then be turned over to the State Treasurer's Office. An account book for an inmate's personal bank account is to be retained by the inmate finance office for 5 years and then turned over to the State Treasurer's Office.

E. Abandoned Property. The Commissioner shall ensure that a warden:

(1) Converts abandoned property to institutional use; or

(2) Disposes of the abandoned property in accordance with §F of this regulation.

F. Disposal of Abandoned Property.

(1) If the abandoned property is to be converted to institutional use, the Commissioner shall ensure that a warden submits a declaration of abandoned inmate property for conversion or disposal form to the assistant commissioner for security operations, advising the:

(a) Condition of the property;

(b) Estimated value of the property; and

(c) Planned use for the property.

(2) Abandoned inmate property may only be converted for institutional use for the inmate population.

(3) The Commissioner may authorize a warden to dispose of abandoned inmate property which cannot be converted to institutional use, by a declaration of abandoned inmate property for conversion or disposal form. After offering the property for use by an institution, the following shall take place:

(a) All of the following:

(i) Upon approval of the Commissioner, the warden may dispose of the property by donation to an appropriate charitable organization,

(ii) The property officer shall obtain a dated, signed, descriptive receipt for the donated items and retain the receipt for institutional record, and

(iii) Future claims of an inmate to proceeds or rights to possession of the abandoned property shall be barred; or

(b) The property may be discarded or destroyed in the presence of a staff witness.

G. This chapter does not affect or limit the authority of a warden to seize and dispose of contraband in accordance with State law and Division directives.

Md. Code Regs. 12.02.17.03

Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013)
Regulations .03 amended effective February 26, 1996 (23:4 Md. R. 273)