Chapter 17. Inmate Property and Clothing
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abandoned property” means personal belongings which:
(a)
Are unclaimed after the required 30-day notice has elapsed;
(b)
Have not been sent out of the institution within 30 days notice to the inmate;
(c)
Remain in control of the institution and are unclaimed for a 30-day period subsequent to an inmate's release or escape; or
(d)
An inmate chooses to donate to the institution for use by inmates.
(2)
“Contraband” means:
(a)
An item, material, substance, or other thing that is not authorized by a warden or facility administrator of the facility;
(b)
An item, material, substance, or other thing which is brought into the facility in a manner not sanctioned by Division or institutional policy or procedure; or
(c)
A property item which is in excess of the allowable quantity provided in a Division property directive or applicable institutional directive.
(3)
“Division” means Division of Correction.
(4)
“Property officer” means a person responsible for receiving and controlling inmate belongings in accordance with established property procedure.
Regulation .02 Handling and Storage of Inmate Property.LinkCopy Citation
A.
Inmate Property Rights. The Commissioner shall ensure that:
(1)
A warden protects the property rights of an inmate when a Division rule or directive requires that an inmate release the inmate's personal property to Division custody for safekeeping;
(2)
An employee exercises reasonable care of property which is removed from an inmate;
(3)
A warden disciplines an employee when employee negligence causes loss or damage to inmate property.
B.
The Commissioner shall ensure that a warden establishes a secure area as a property room. This area shall be used to:
(1)
Secure inmate property which is temporarily out of the custody of an inmate; and
(2)
Store inmate valuables under Division directives.
C.
The Commissioner shall ensure that a warden establishes procedures to:
(1)
Control and account for inmate property which is in the care of the institution; and
(2)
Ensure that excess or unallowable property is disposed of under Division directive.
D.
Inventory of Inmate Property.
(1)
The Commissioner shall ensure that inmate property which is taken into institutional custody is inventoried to establish an accurate record of the property received.
(2)
When inmate property cannot be inventoried, the Commissioner shall ensure that each warden establishes procedures to ensure that an employee packages, seals, and places the property in a secure area.
(3)
The Commissioner shall ensure that when sealed property is received by the institution and cannot be inventoried at the time of receipt, the property remains sealed and is placed in a secure area, with documentation indicating the name of the officer receiving and securing the property.
E.
The Commissioner shall ensure that when an inmate receives a housing change, the inmate is permitted only those items which are authorized by a warden and established by institutional directive.
F.
Allowable Property.
(1)
An inmate may possess only items authorized by Division directive.
(2)
The Commissioner shall ensure that unauthorized property is:
(a)
Sent to an address provided by an inmate, at an inmate's expense;
(b)
Released to a visitor who has been authorized by the inmate to receive an inmate's property; or
(c)
Disposed of under Division directive.
Regulation .03 Disposition of Inmate Personal Property.LinkCopy Citation
A.
The Commissioner shall establish procedures to ensure that a warden:
(1)
Returns personal property to an inmate upon release; and
(2)
Obtains a receipt from an inmate for the return of property.
B.
Death of Inmate.
(1)
The Commissioner shall ensure that if an inmate dies, an inmate's property, including institutional funds, is given to a person who possesses a letter of administration issued by a court.
(2)
The Commissioner shall ensure that the next of kin is notified of personal property, including funds by registered mail, return receipt requested. A court-appointed personal representative shall claim the property within 30 days of notice to the next of kin.
(3)
When a court-appointed personal representative claims property, that person shall provide a letter of administration. The Commissioner shall ensure that each warden retains a copy of the letter of administration for the institutional file.
(4)
The Commissioner shall ensure that a receipt is obtained for property released to a personal representative and that the receipt is retained in the inmate's base file.
C.
Holding of Personal Property. The Commissioner shall ensure that:
(1)
Inmate personal property is held for 30 days when the property:
(a)
Is in possession of the Division as a result of an escape, or
(b)
Has been unclaimed by an inmate who has the right to its possession; and
(2)
During the 30-day period:
(a)
A notice is posted in a conspicuous location within the institution in which the property was initially secured;
(b)
The warden delivers the unclaimed property in §C(1)(b) of this regulation being held to the inmate who establishes a right to its possession within the time period specified in this section; and
(c)
A warden obtains from an inmate a signed receipt when property is turned over to the inmate.
D.
Funds remaining in an inmate's institutional account shall remain in that account for 2 years after an escape, and then be turned over to the State Treasurer's Office. An account book for an inmate's personal bank account is to be retained by the inmate finance office for 5 years and then turned over to the State Treasurer's Office.
E.
Abandoned Property. The Commissioner shall ensure that a warden:
(1)
Converts abandoned property to institutional use; or
(2)
Disposes of the abandoned property in accordance with §F of this regulation.
F.
Disposal of Abandoned Property.
(1)
If the abandoned property is to be converted to institutional use, the Commissioner shall ensure that a warden submits a declaration of abandoned inmate property for conversion or disposal form to the assistant commissioner for security operations, advising the:
(a)
Condition of the property;
(b)
Estimated value of the property; and
(c)
Planned use for the property.
(2)
Abandoned inmate property may only be converted for institutional use for the inmate population.
(3)
The Commissioner may authorize a warden to dispose of abandoned inmate property which cannot be converted to institutional use, by a declaration of abandoned inmate property for conversion or disposal form. After offering the property for use by an institution, the following shall take place:
(a)
All of the following:
(i)
Upon approval of the Commissioner, the warden may dispose of the property by donation to an appropriate charitable organization,
(ii)
The property officer shall obtain a dated, signed, descriptive receipt for the donated items and retain the receipt for institutional record, and
(iii)
Future claims of an inmate to proceeds or rights to possession of the abandoned property shall be barred; or
(b)
The property may be discarded or destroyed in the presence of a staff witness.
G.
This chapter does not affect or limit the authority of a warden to seize and dispose of contraband in accordance with State law and Division directives.
Chapter annotations
Authority: Correctional Services Article, §§2-109(c), 3-609, and 10-801, Annotated Code of Maryland
History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
History: Regulations .01—.03 amended effective February 26, 1996 (23:4 Md. R. 273)
History: Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013)