Md. Code Regs. 12.03.03.02

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

Section 12.03.03.02 - General Policy

A. An incarcerated individual is allowed to send or receive mail consistent with the United States Constitution, federal law and regulations, and Maryland law and regulations.

B. Mail may not be handled by any incarcerated individual other than the incarcerated individual to whom the mail is addressed.

C. The volume of mail an incarcerated individual sends or receives may not be limited unless there is justification in accordance with procedures established in Regulation .08 of this chapter.

D. A restriction may not be placed on an incarcerated individual's mail for disciplinary reasons unless an incarcerated individual specifically abuses this privilege.

E. A restriction may not be placed on an incarcerated individual's mail because of the incarcerated individual's use of an officially adopted religious or gender affirming name.

F. Mail Inspection and Delivery Time Requirements.

(1) Upon delivery to the mailroom, incoming mail shall be date stamped with the date it was received at the correctional facility.

(2) Legal mail may not be held for more than 48 hours, excluding weekends and holidays, except when it contains contraband.

(3) Legal mail shall be inspected and delivered as set forth in Regulation .08 of this chapter.

(4) Incoming general mail that is conducive to photocopying may not be held for more than 72 hours, excluding weekends and holidays, except when it contains contraband.

(5) To facilitate effective search procedures and to reduce the amount of controlled dangerous substances and other contraband containing injurious materials, general mail coming into a correctional facility that is not conducive to photocopying or scanning, such as a magazine or newspaper, may not be held for more than 80 hours, excluding weekends and holidays, except when it contains contraband.

G. Contraband may not be mailed or otherwise conveyed into a correctional facility. Contraband includes, but is not limited to, material that:

(1) Describes escape plans, devices, or paraphernalia;

(2) Describes the construction or use of weapons, ammunition, bombs, incendiary devices, or other means of inflicting bodily harm;

(3) Describes procedures for brewing alcoholic beverages or the manufacture of drugs;

(4) Is written in code;

(5) Is sexually explicit;

(6) Depicts a nude person under the age of 18;

(7) If not withheld, may create a hostile work environment for employees who are required to inspect, view, read, or overhear the reading of mail during the normal course of their duties;

(8) Describes theory, design, or manufacture of prison security systems or equipment, including prison communication systems or equipment;

(9) Instructs an incarcerated individual in the commission of violations of Department regulations that may produce a breach of security or order in the correctional facility;

(10) Advocates or instructs in the formation of incarcerated individual unions;

(11) May be contaminated with controlled dangerous substances, or substances such as paint, crayon, marker, ink, glitter, cloth, string, tape, glue, epoxy, metal, plastic, wood, stickers, scents, or stain that may obscure detection of CDS; or

(12) Poses a direct and immediate danger of violence or physical harm to a person or persons, based upon the current circumstances within the correctional facility.

H. Except for an indigent incarcerated individual's mail, an incarcerated individual shall affix proper postage to all outgoing mail.

Md. Code Regs. 12.03.03.02

Regulation .02 adopted effective 51:3 Md. R. 154, eff. 2/19/2024.