Md. Code Regs. 12.03.03.01

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

Section 12.03.03.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Commissioner" means the Commissioner of Correction.

(2) "Contraband" has the meaning stated in Criminal Law Article, § 9-410, Annotated Code of Maryland.

(3) "Correctional facility" has the meaning stated in Correctional Services Article, § 1-101, Annotated Code of Maryland.

(4) "Director" means the Director of Patuxent Institution.

(5) General Mail.

(a) "General mail" means correspondence, written materials, and publications, including but not limited to letters, cards, newspapers, magazines, newsletters, flyers, and advertisements:

(i) Addressed to or from an incarcerated individual; and

(ii) Leaving or entering the correctional facility by the United States Postal Service or by a recognized courier system.

(b) "General mail" does not mean:

(i) Legal mail as defined in this section;

(ii) A written communication among incarcerated individuals within the correctional facility;

(iii) A package; or

(iv) An initial package as defined in this section.

(6) "Hostile work environment" means a workplace where discriminatory intimidation, ridicule, or insult are so severe or pervasive that the conditions of an individual's employment are altered to the point of creating an abusive working environment.

(7) Indigent Incarcerated Individual.

(a) "Indigent incarcerated individual" means an incarcerated individual who, within the previous payroll period:

(i) Has not received pay for an assignment in work or school and has less than $6 in the incarcerated individual's spending account; or

(ii) Has been admitted to a correctional facility and does not have at least $6 in the incarcerated individual's spending account on admission.

(b) "Indigent incarcerated individual" does not mean an incarcerated individual who, in order to be eligible for the benefits described in Regulation .03 of this chapter, manipulates the incarcerated individual's account balance.

(8) "Initial package" means a package of purchased retail items or goods delivered to an incarcerated individual within 90 days of an incarcerated individual's admission to the correctional facility.

(9) "Legal mail" means mail that is either addressed by an incarcerated individual to, or received on official stationery from, any of the following individuals or agencies:

(a) A court;

(b) A judge;

(c) A clerk of court;

(d) An attorney;

(e) The American Civil Liberties Union;

(f) The Legal Aid Bureau;

(g) The contractual service provider for incarcerated individual legal services;

(h) The Secretary of Public Safety and Correctional Services;

(i) The Commissioner of Correction;

(j) The Commissioner of Pretrial Detention and Services;

(k) The Director of Patuxent Institution;

(l) The Director of the Division of Parole and Probation;

(m) The Director of Criminal Justice Information System-Central Repository; and

(n) Elected or appointed public officials.

(10) "Mail" means general and legal mail.

(11) "Managing official" has the meaning stated in Correctional Services Article, § 1-101, Annotated Code of Maryland.

(12) Package.

(a) "Package" means any container or wrapping of a purchased retail item or good that is used to deliver the retail item or good to an incarcerated individual from outside the secure perimeter of the correctional facility.

(b) "Package" includes:

(i) An initial package;

(ii) An incarcerated individual's catalog or commercial retail order, including but not limited to a food item, portable music player, television, gaming system, video game, book, and item of clothing; and

(iii) A delivery from one correctional facility to another.

(13) "Property officer" means a Department employee responsible for receiving and controlling an incarcerated individual's belongings in accordance with established incarcerated individual personal property procedures.

(14) "Retail" means the sale of an item or good to an individual in a small quantity that the individual uses for personal consumption and not for resale.

(15) "Sexually explicit" means a pictorial, written, or verbal depiction of actual or simulated sexual behavior, including:

(a) Bestiality;

(b) A minor or minors depicted in the nude or partially nude;

(c) Masturbation;

(d) Sadistic or masochistic abuse;

(e) A sexual act as defined in Criminal Law Article, § 3-301, Annotated Code of Maryland;

(f) Sexual contact as defined in Criminal Law Article, § 3-301, Annotated Code of Maryland; and

(g) Vaginal intercourse as defined in Criminal Law Article, § 3-301, Annotated Code of Maryland.

Md. Code Regs. 12.03.03.01

Regulation .01 adopted effective 51:3 Md. R. 154, eff. 2/19/2024.