Md. Code Regs. 12.03.03.10

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

Section 12.03.03.10 - Withholding Mail

A. The managing official, or designee, shall make the decision to withhold mail on an item-by-item basis, and an item excluded on one occasion may not be routinely excluded on another occasion.

B. The managing official, or designee, may not withhold an incarcerated individual's mail for religious, philosophical, political, social, or sexual content, unless it meets the definition of sexually explicit mail as set forth in Regulation .01 of this chapter, or because the content of the incarcerated individual's mail is unpopular or repugnant.

C. Incoming mail as set forth in Regulation .05 of this chapter may be withheld:

(1) As a whole if the mail in its entirety is subject to rejection; or

(2) In part if only a portion or a particular section or item within the mail is subject to rejection.

D. Notification of Mail Being Withheld.

(1) Staff shall provide an incarcerated individual and the sender with two copies of a written notification that describes the contraband information or materials that are being withheld, and set forth the reason for withholding the mail in detail.

(2) The notification constitutes a written report of the managing official's decision to withhold the contraband information or materials in a piece of mail, and the notification 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 within 48 hours after the managing official's decision to withhold contraband information or materials from an incarcerated individual.

(4) The written notification provides a section for the sender or incarcerated individual to appeal the managing official's decision.

E. If the rejected portion can be reasonably severed, and before removal of any portion of the piece of mail, staff shall give an incarcerated individual to whom the mail is addressed the choice of:

(1) Returning the mail as a whole;

(2) Receiving the acceptable portion and disposing of the rejected portion by:

(a) Destroying it;

(b) 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) Disposing of the mail as a whole by selecting one of the methods listed under §E(2) of this regulation; or

(4) Appealing to the managing official.

F. Appeal Process for Withheld Mail.

(1) If the rejected portion of the mail cannot be severed, can be severed, or if the mail is being withheld in its entirety, and the incarcerated individual to whom the mail is addressed chooses to appeal, 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.

(2) Pending the outcome of the appeal process, correctional staff shall securely store the withheld mail.

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

(4) If a managing official fails to respond to an appeal within 5 business days of receipt, the incarcerated individual or the sender, or both, may send a written appeal of the withholding decision 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.

G. The Commissioner or Director, as applicable, shall affirm, reverse, or modify the managing official's decision within 5 business days of receiving the incarcerated individual or sender's written appeal.

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

I. If the decision of the managing official, Commissioner, or Director, in cases when an appeal is taken, is that mail as a whole shall be withheld from an incarcerated individual, staff shall dispose of the mail by:

(1) Sending the mail at an incarcerated individual's expense to the sender or to any addressee an incarcerated individual chooses; or

(2) Disposing of the mail in a manner specified by an incarcerated individual and approved by the managing official.

J. If only a portion of the mail is withheld, the rejected portion shall be removed and the remainder delivered to the incarcerated individual within 5 business days after the final decision.

K. The withheld and removed portion of the mail shall be handled as set forth in §I of this regulation.

Md. Code Regs. 12.03.03.10

Regulation .10 adopted effective 51:3 Md. R. 154, eff. 2/19/2024.