Md. Code Regs. 12.03.03.08

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

Section 12.03.03.08 - Legal Mail

A. Incoming or outgoing mail that is marked as, or purports to constitute, legal mail but does not meet the definition of legal mail shall be:

(1) Refused and returned to sender; or

(2) If reasonable cause exists to believe that the mail has been sent for a fraudulent or criminal purpose, forwarded to the Department's Intelligence and Investigative Division.

B. When legal mail is delivered to an incarcerated individual:

(1) It shall be delivered to the incarcerated individual to whom it is addressed by:

(a) Mailroom staff; or

(b) Non-mail-room staff authorized to deliver mail to an incarcerated individual;

(2) Mailroom staff shall log receipt and disposition of the legal mail in accordance with facility procedures for logging incarcerated individual legal mail which, at a minimum, records:

(a) The date received by the mailroom;

(b) The incarcerated individual's name, identification number, and housing assignment verified by the facility's traffic and housing assignment report;

(c) The sender's name and address;

(d) The number of legal mail items being delivered to an incarcerated individual;

(e) The incarcerated individual's acceptance or refusal of the legal mail; and

(f) If appropriate, the disposition of legal mail refused by an incarcerated individual;

(3) Mailroom staff shall make a photocopy of the envelope containing the legal mail; and

(4) Mailroom and correctional staff delivering the legal mail to an incarcerated individual shall:

(a) Properly identify an incarcerated individual by inspecting an incarcerated individual's facility identification card and the information from the traffic and housing assignment reports;

(b) Open the envelope in the presence of the incarcerated individual to whom it is addressed;

(c) Without specifically reading the contents, inspect the enclosed contents for contraband only;

(d) Deliver the contents and the photocopy of the envelope used to send the legal mail;

(e) Have an incarcerated individual sign a receipt for the delivery of legal mail or, if appropriate, a refusal to accept the legal mail; and

(f) Return the original envelope and the receipt or refusal for legal mail to the mailroom for disposition according to facility procedures.

Md. Code Regs. 12.03.03.08

Regulation .08 adopted effective 51:3 Md. R. 154, eff. 2/19/2024.