Chapter 16. Visits to Inmates
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Certified religious visitor” means a person who is certified by the applicable religious authority to minister to members of that body, and who has been processed according to relevant institutional directives to visit individually with a specific inmate on a regular, occasional, or one-time-only basis.
(2)
“Commissioner” means Commissioner of the Division of Correction or designee.
(3)
“Contact visit” means a visit which permits limited physical contact between the inmate and the visitor.
(4)
“Contraband” means an item as defined under Correctional Services Article, §8-801, Annotated Code of Maryland.
(5)
“Frisk search” means running the hands across clothing worn to detect any hidden objects.
(6)
“Special visit” means a visit authorized as an exception to normal visiting procedures.
(7)
“Visitor” means a person entering the institution who:
(a)
Is on an inmate's visiting list; or
(b)
Has obtained approval as a special visitor.
(8)
“Warden” means warden or designee.
Regulation .02 General Procedures.LinkCopy Citation
A.
The Commissioner shall establish:
(1)
The number of visits which an inmate may receive;
(2)
The length of a visit; and
(3)
The number of visitors authorized during one visit.
B.
The Commissioner shall consider the following standards when establishing the procedures in §A of this regulation:
(1)
Institutional schedule;
(2)
Visiting space;
(3)
Security considerations;
(4)
Staff requirements; and
(5)
An inmate's institutional status.
C.
The Commissioner shall ensure that each warden establishes procedures governing visits to inmates in outside hospitals, institutional infirmaries, and mental health units which include provisions to ensure that:
(1)
Each visit conforms with custody requirements; and
(2)
Appropriate health or mental health personnel approval is obtained to confirm that the inmate is medically or mentally able to conduct the visit.
D.
The Commissioner shall ensure that each warden designates a visiting area which meets reasonable conditions for a visit to take place.
E.
An inmate may refuse to see a visitor.
Regulation .03 Types of Visits.LinkCopy Citation
A.
Contact Visits. The Commissioner shall ensure that each warden allows a contact visit unless a contact visit is prohibited by Division regulations. The specific kind and amount of contact shall be based on the security level of the institution and the classification of an inmate.
B.
Noncontact Visits. The Commissioner shall ensure that each warden designates a visiting area for a noncontact visit and establishes procedures for its use.
C.
Religious Visits. The name of a certified religious visitor shall be recorded on the inmate visitor record, but not counted in the maximum 15 visitors. Religious visits shall be managed according to institutional procedure.
D.
Legal Visits.
(1)
The Commissioner shall ensure that each warden establishes procedures for an inmate visit with an attorney.
(2)
An attorney need not be on the inmate visitor record, but shall have proper identification.
(3)
A legal assistant who visits an inmate shall present a letter of introduction signed by an attorney on the firm's stationery.
(4)
The Commissioner may not set a time limit for an attorney visit.
(5)
An attorney shall visit during regular visiting hours unless a special arrangement is made with the warden.
E.
Special Visits. A warden shall establish procedures for special visits.
Regulation .04 Records of Inmate Visits.LinkCopy Citation
A.
A warden of a receiving institution shall ensure that during the reception process, an inmate visitor record form is established for each inmate.
B.
Each inmate may submit a list of up to 15 names, addresses, and relationships of intended visitors to be included on the list.
C.
An inmate shall place the name of an intended visitor who is 18 years old or older on the inmate's visitor record.
D.
An inmate is not required to list children under 18 years old on the visitor record.
E.
Only those persons on the inmate visitor record will be approved to visit an inmate. However, the Commissioner shall establish procedures to provide for the following types of visits:
(1)
Religious;
(2)
Legal; and
(3)
Special.
F.
When an inmate is transferred, the sending institution shall forward the inmate visitor record to the receiving institution at the time of the transfer, to:
(1)
Ensure a continuous record of an inmate's visits; and
(2)
Eliminate the need for a new record to be established.
Regulation .05 Visitor Requirements.LinkCopy Citation
A.
A visitor shall present one of the following types of identification:
(1)
Driver's license;
(2)
Age of majority card;
(3)
Birth certificate;
(4)
Social security card; or
(5)
Other State, federal, or private industry-issued photograph identification.
B.
The Commissioner shall ensure that a person younger than 18 years old who intends to visit an inmate is accompanied by an adult. The officer in charge of the visiting area may request identification for verification of age.
Regulation .06 Visitor Searches.LinkCopy Citation
A.
The Commissioner shall require a visitor to pass through a metal detector or be searched by a scanning device upon entering all Division facilities, except prerelease units.
B.
The Commissioner shall ensure that each warden establishes procedures to frisk search visitors randomly on a daily basis.
C.
When a frisk search is conducted, the individual conducting a search shall be the same sex as the person being searched.
D.
A visitor shall complete and sign a consent to search form.
E.
The Commissioner shall ensure that a warden establish procedures to maintain a copy of the consent to search form in the base file of an inmate being visited. The Commissioner shall ensure that the original copy of this form is kept on file by the warden.
F.
The Commissioner shall ensure that a visitor who refuses to submit to a search is denied visiting privileges for that day.
G.
If a visitor possesses contraband in violation of the criminal statute, the contraband shall be confiscated and a law enforcement agency notified.
Regulation .07 Visitor Rules and Visit Guidelines.LinkCopy Citation
A.
During a visit, a visitor shall follow visiting room rules and shall maintain control of children who may be participants in the visit.
B.
A visit may be disapproved by the institutional shift commander if the visitor:
(1)
Is under the influence of a drug or alcohol;
(2)
Refuses to submit to search procedure;
(3)
Fails to provide sufficient identification;
(4)
Provides falsified identification;
(5)
Is younger than 18 years old and is not accompanied by an adult;
(6)
Violates a facility visiting rule posted in the visiting room; or
(7)
Possesses contraband.
C.
If a visitor is denied a visit for a reason included in §B of this regulation, and the visitor refuses to leave the facility, the police of the jurisdiction in which the facility is located shall be notified, and the visitor shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland.
D.
A visit may be terminated or shortened if:
(1)
The visitor or inmate fails to prevent children from disturbing another person in the visiting area;
(2)
The visitor or the inmate is verbally or physically disruptive and jeopardizes visiting room operations or the security of the institution;
(3)
The visitor and inmate engage in excessive physical contact;
(4)
The inmate violates a rule or regulation of the institution;
(5)
There is insufficient space for a visit in the visiting room;
(6)
An institutional crisis exists;
(7)
A visitor violates a facility visiting rule posted in the visiting room; or
(8)
Another reason exists which is determined by the warden.
E.
The Commissioner shall ensure that each warden requires the approval of the shift commander to terminate a visit. The shift commander shall provide the warden with a report stating the specific reasons for terminating a visit.
Regulation .08 Suspension of a Visitor's Visiting Privilege.LinkCopy Citation
A.
A warden may suspend a person from visiting an inmate for a designated or indefinite period of time when there is clear and convincing evidence that a visit would jeopardize the safety or security of the institution.
B.
The Commissioner shall ensure that each warden bases suspension of visiting privileges on:
(1)
A review of the information provided in the supervisor's report of the incident; and
(2)
Information provided by staff, the inmate, and the visitor.
C.
The Commissioner shall ensure that a warden sends a written notice of a decision to suspend visiting privileges for a specified or indefinite period of time to the following:
(1)
Inmate;
(2)
Inmate base file;
(3)
Visitor; and
(4)
Assistant commissioner for field services.
D.
The Commissioner may authorize each warden to omit justification for the suspension or termination of a visit from the written notice when the security of an institution or the safety of an individual would be affected.
E.
A notice of suspension or termination of visiting privilege shall include:
(1)
A statement of the reasons for the suspension;
(2)
The length of the suspension or termination; and
(3)
A statement advising the visitor that the visitor may appear before the warden for a hearing regarding the suspension or termination of visiting privileges.
F.
The Commissioner shall ensure that a warden:
(1)
Writes a report of a hearing held regarding suspension or termination of a visitor's visiting privileges; and
(2)
Sends a copy of the report to the assistant commissioner for field services.
G.
The Commissioner shall ensure that a warden attaches the letter of notification to the inmate visiting card when a visitor's visiting privilege is suspended.
H.
The visitor may request a warden to reinstate a suspended or terminated visiting privilege upon the inmate's transfer to another maintaining institution.
Chapter annotations
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland
History: Effective date: February 3, 1992 (19:2 Md. R. 155)
History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014