Md. Code Regs. 12.03.03.09

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

Section 12.03.03.09 - Limiting Mail Volume

A. As stated in Regulation .02 of this chapter, the volume of general mail an incarcerated individual sends or receives may not be limited unless there is substantial justification.

B. The managing official, or designee, shall make the decision to limit the volume of an incarcerated individual's general mail on a case-by-case basis.

C. Just cause for limiting the volume of mail an incarcerated individual sends or receives includes:

(1) An increased and substantiated risk for the introduction of contraband to the correctional facility;

(2) Placement of an undue burden upon mailroom staff to inspect and process an incarcerated individual's mail within the allotted time frames; and

(3) If delivered, the volume of received mail would cause an incarcerated individual to exceed the limits of an incarcerated individual's personal property allowance.

D. Notification of General Mail Volume Being Limited.

(1) Staff shall provide an incarcerated individual and, if applicable, the sender with two copies of a written notification that describes the limitations to be placed on the volume of an incarcerated individual's general mail, and set forth the reasons for the limitations in detail.

(2) The notification constitutes a written report signed by the managing official of the decision to limit the volume of an incarcerated individual's general mail and shall include:

(a) A summary of the evidence;

(b) The decision;

(c) The reason for the decision; and

(d) The facts upon which the decision is based.

(3) Staff shall provide the written notification to an incarcerated individual and the sender, if applicable, within 48 hours of the managing official placing the limitation on an incarcerated individual's general mail volume.

(4) Staff shall advise an incarcerated individual and, if applicable, the sender that a written appeal may be filed within 10 business days from the date an incarcerated individual is notified of the managing official's decision to limit the incarcerated individual's volume of mail.

(5) The notification provides a section for the incarcerated individual or sender to appeal the decision.

E. General Mail Exceeding the Permissible Volume.

(1) If an incarcerated individual for whom a volume limit has been set is sent an amount of general mail that exceeds the permissible volume and the excess portion can be reasonably severed then staff shall give the incarcerated individual to whom the item is addressed the choice of:

(a) Returning the mail as a whole; or

(b) Receiving the acceptable portion and disposing of the excess portion by selecting one of the methods listed under §E(2) of this regulation.

(2) An incarcerated individual may choose to dispose of the excess portion of general mail by:

(a) Destroying it;

(b) Returning it to the sender or sending it to an address specified by an incarcerated individual at an incarcerated individual's expense;

(c) Donating it to a charity; or

(d) Arranging for it to be picked up by a visitor in accordance with established procedures.

(3) If the sender has not previously been notified of the managing official's decision to limit the volume of the incarcerated individual's mail, the incarcerated individual or the sender, or both, may appeal to the managing official as set forth in §F of this regulation.

F. Appeal Process for Limitations on Volume of Received General Mail.

(1) If an incarcerated individual or sender objects to the limitation, the incarcerated individual or sender, or both, may, not more than 10 business days after receipt of managing official's written decision under §D(5) of this regulation, file an appeal with the managing official.

(2) Pending the outcome of the appeal process through the incarcerated individual grievance process, correctional staff shall securely store the excess volume of mail.

(3) The managing official shall respond to an incarcerated individual and sender's appeal within 5 business days of receipt of the appeal.

(4) If a managing official fails to respond to an appeal within 5 business days, the incarcerated individual or the sender, or both, may appeal to the Commissioner or Director, as applicable.

(5) Staff shall send a written notification to the incarcerated individual and, if applicable, the sender that includes:

(a) The managing official's decision regarding the appeal; and

(b) Information on how to appeal the managing official's decision to the Commissioner or Director.

(6) Not more than 5 business days after receiving the managing official's response to the appeal or the failure of the managing official to respond to an appeal, the incarcerated individual or sender, or both, may send a written appeal of the managing official's decision, or failure to respond, to the Commissioner or Director, as applicable, and state the reasons for the appeal.

G. Within 5 business days of receiving the incarcerated individual or sender's written appeal, the Commissioner or Director, as applicable, shall affirm, reverse, or modify the managing official's decision to limit the volume of an incarcerated individual's mail.

H. An incarcerated individual may appeal the Commissioner's or Director's response to the Incarcerated Individual Grievance Office.

Md. Code Regs. 12.03.03.09

Regulation .09 adopted effective 51:3 Md. R. 154, eff. 2/19/2024.