Md. Code Regs. 12.02.21.07

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

Section 12.02.21.07 - Authorization - Request to Marry and Inmate at a Correctional Facility

A. The managing official's authorization to marry an inmate at the correctional facility is contingent upon receipt and approval of information required under this regulation.

B. A designee processing a request to marry an inmate that has met the conditions established under Regulation . 06 of this chapter shall:

(1) Within 5 business days of determining that the request meets conditions established under Regulation .06 of this chapter the designee shall:

(a) Provide the inmate with a copy of an Inmate Marriage Information sheet; and

(b) Instruct the inmate on completing the Inmate Marriage Information sheet advising that:

(i) The authorization of the request to marry an inmate at the correctional facility is predicated on receipt and approval of the information requested on the sheet;

(ii) The inmate shall complete or have the intended spouse complete the sheet and submit the completed sheet to the coordinator a minimum of 10 business days before the requested date of the ceremony;

(iii) The inmate and the intended spouse shall retain a copy of the completed sheet; and

(iv) The inmate or intended spouse shall provide the officiant named on the sheet a copy of the sheet; and

(2) Advise the inmate that:

(a) The inmate, or the intended spouse, is responsible for expenses related to the marriage, for example, the marriage license fee and expenses for the ceremony and officiant;

(b) The intended spouse is responsible for obtaining the marriage license in the county where the inmate's correctional facility is located;

(c) The intended spouse is responsible for providing a legally accepted copy of the marriage license to the coordinator (submitted with the completed Inmate Marriage Information sheet);

(d) A Department officiant may not participate in the arrangements for the inmate marriage and the intended spouse is responsible for obtaining the services of an officiant and notifying the coordinator in writing (included in the completed Inmate Marriage Information sheet);

(e) The intended spouse is required to obtain a list of items the officiant intends to use at the ceremony (included with the Inmate Marriage Information sheet);

(f) A maximum of four guests (identification information is required to be included in the Inmate Marriage Information sheet) may be permitted to attend the marriage ceremony based on:

(i) The intended spouse and officiant are not counted as guests; and

(ii) Any individual under 18 years old, including an infant, shall be counted as a guest;

(g) The intended spouse, officiant, and guests are required to comply with all policy and procedure and COMAR regarding visitors to the facility; and

(h) The maximum time permitted for conducting the marriage ceremony and post-ceremony visitation is 2 hours.

C. Upon receipt of the information required under §B of this regulation by the designee, the designee shall, as soon as possible after receipt, present the information to the inmate's managing official for review and authorization of the request to marry an inmate at the correctional facility.

D. A managing official shall review the information received in connection with the request to marry an inmate at the correctional facility and notify the designee that the information is:

(1) Acceptable and that authorization to marry the inmate at the correctional facility is granted; or

(2) Not acceptable and the request to marry an inmate at the correctional facility is denied.

E. If the request to marry an inmate at the correctional facility is denied under §D(2) of this regulation, the designee shall notify the inmate and intended spouse, in writing:

(1) Of the denial;

(2) Of the reason for the denial; and

(3) Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(2) of this regulation, the denial is final with no opportunity for appeal.

F. If the managing official authorizes a request to marry an inmate at the correctional facility, as part of the authorization, the managing official may:

(1) Limit the number of guests to less than four;

(2) Deny attendance of a specific requested guest;

(3) Reduce the time permitted for conducting the marriage ceremony and post-ceremony visitation;

(4) Deny the use of items to be used by the officiant;

(5) Approve the original date and time requested for the ceremony; or

(6) Establish an alternate date and time for the ceremony.

Md. Code Regs. 12.02.21.07

Regulation .07 adopted effective 43:7 Md. R. 451, eff.4/11/2016