Chapter 21. Inmate Marriage
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes the policy for the Department of Public Safety and Correctional Services (Department) concerning inmate marriage.
B.
This chapter establishes procedures for:
(1)
Requesting to marry an inmate at a correctional facility;
(2)
Processing and approving a request to marry an inmate at a correctional facility; and
(3)
Arranging for and conducting the marriage ceremony.
C.
This chapter is not intended to infringe upon an individual’s statutory right to marry, but does govern how the legal right to marry may be exercised when the marriage involves an inmate confined in a Department correctional facility.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Business day” means a day of the week other than Saturday or Sunday or any other day that State offices are closed.
(2)
“Correctional facility” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.
(3)
Employee.
(a)
“Employee” means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position regardless of job title or classification.
(b)
“Employee” includes:
(i)
An intern; and
(ii)
A volunteer.
(4)
Inmate.
(a)
“Inmate” means an individual who is actively or constructively detained or confined in a Department correctional facility.
(b)
“Inmate” includes an individual referred to as:
(i)
A detainee;
(ii)
An offender;
(iii)
A prisoner; and
(iv)
A resident.
(5)
“Marry” means the legal union of two individuals in matrimony.
(6)
“Officiant” means an individual authorized by State law to legally marry individuals.
Regulation .03 Eligibility.LinkCopy Citation
A.
An inmate and the inmate’s intended spouse shall comply with minimum requirements established by State and local statute and regulation concerning eligibility to marry.
B.
An inmate may not marry:
(1)
An employee; or
(2)
Another inmate.
C.
An inmate shall be mentally competent according to State law.
Regulation .04 Inmate Records.LinkCopy Citation
An individual planning to marry an inmate may request and be granted access to the inmate’s correctional history according to procedures established elsewhere in COMAR for accessing inmate case records after the commitment to marry is agreed to by both the inmate and intended spouse.
Regulation .05 Requesting to Marry an Inmate at a Correctional Facility.LinkCopy Citation
A.
The inmate and the inmate’s intended spouse are required to independently submit a written request to marry.
B.
A written request to marry under §A of this regulation shall be submitted to the inmate’s managing official:
(1)
In a format established by the managing official that, at a minimum, provides the following information:
(a)
From the inmate, the:
(i)
Inmate’s name;
(ii)
Inmate’s identification number;
(iii)
Inmate’s facility and housing assignment;
(iv)
Intended spouse’s full name;
(v)
Intended spouse’s date of birth;
(vi)
The date requested for the ceremony; and
(vii)
The type of ceremony, for example, civil or religious; and
(b)
From the intended spouse, the intended spouse’s:
(i)
Full name;
(ii)
Current address;
(iii)
Current telephone number;
(iv)
Date of birth;
(v)
Social security number;
(vi)
Statement indicating that the intended spouse has reviewed or declines to view the inmate’s correctional history; and
(vii)
Correctional or law enforcement volunteer or employment history, if applicable; and
(2)
At least 60 business days before the date requested for the ceremony.
C.
If requested, a managing official may approve up to three sessions of premarital counseling involving the inmate, intended spouse, and approved officiant.
D.
Only the managing official of the correctional facility where an inmate is requesting to marry may authorize an inmate to marry at the correctional facility.
E.
A managing official may not require a chaplain or other religious leader under the authority of the managing official to participate in the inmate marriage process established under this chapter if the chaplain or other religious leader has a religious constraint.
Regulation .06 Processing a Request to Marry an Inmate at a Correctional Facility.LinkCopy Citation
A.
Within 5 business days of receiving written requests to marry an inmate at a correctional facility from both the inmate and the intended spouse, the managing official shall designate a member of the facility’s staff to process the request to marry an inmate at the facility according to this chapter.
B.
The individual designated (designee) under §A of this regulation shall:
(1)
Review the requests from the inmate and intended spouse; and
(2)
At a minimum:
(a)
Establish that the:
(i)
Commitment to marry is agreed to by both the inmate and intended spouse;
(ii)
Marriage does not constitute a threat to security or operation of the facility; and
(iii)
Marriage complies with requirements established under this chapter; and
(b)
Consider the following information:
(i)
The inmate’s criminal record to include information contained in related police reports and presentence investigations;
(ii)
The inmate’s correctional adjustment history;
(iii)
Compliance with the inmate’s case plan;
(iv)
The existence of detainers and pending charges for the inmate and intended spouse;
(v)
The inmates physical and mental health;
(vi)
If the inmate is a Patuxent inmate, a statement from the Patuxent inmate’s treatment team as to the inmate’s mental competency; and
(vii)
Whether the intended spouse had any involvement in correctional or law enforcement related services (volunteer or employment) that may have placed the intended spouse in contact with the inmate.
C.
The designee processing a request under §A of this regulation shall:
(1)
Review the information provided by the inmate and intended spouse, or additional information requested of the parties; and
(2)
Determine if the requested marriage:
(a)
Meets eligibility requirements established under Regulation .03 of this chapter;
(b)
Meets minimum requirements established under §B(2)(a) of this regulation; and
(c)
Would not pose a risk to security or the orderly operation of the facility based on the information considered under §B(2)(b) of this regulation.
D.
If the designee determines that the inmate marriage does not meet minimum requirements under §C(2) of this regulation the designee shall:
(1)
Prepare a written recommendation to deny the request;
(2)
Include in the recommendation the basis for the recommendation; and
(3)
Forward the recommendation to the managing official no later than 10 business days after being designated to process the request.
E.
A managing official receiving a recommendation under §D of this regulation may:
(1)
Accept the recommendation, in which case the managing official shall notify the designee to advise the inmate and intended spouse, in writing, that:
(a)
The marriage ceremony will not be permitted at the correctional facility and the reasons; and
(b)
Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(1)(a) of this regulation the managing official’s decision is final with no opportunity for appeal; or
(2)
Not accept the recommendation and advise the designee to continue to process the request:
(a)
As submitted; or
(b)
With modification to the original submission.
F.
If the designee finds the request meets requirements under §C of this regulation or the managing official directs that the designee continue to process the request, with or without modification, under §E(2) of this regulation, the designee shall process the request as specified under Regulation .07 of this chapter.
Regulation .07 Authorization — Request to Marry an Inmate at a Correctional Facility.LinkCopy Citation
A.
The managing official’s authorization to marry an inmate at the correctional facility is contingent upon receipt and approval of information required under this regulation.
B.
A designee processing a request to marry an inmate that has met the conditions established under Regulation .06 of this chapter shall:
(1)
Within 5 business days of determining that the request meets conditions established under Regulation .06 of this chapter the designee shall:
(a)
Provide the inmate with a copy of an Inmate Marriage Information sheet; and
(b)
Instruct the inmate on completing the Inmate Marriage Information sheet advising that:
(i)
The authorization of the request to marry an inmate at the correctional facility is predicated on receipt and approval of the information requested on the sheet;
(ii)
The inmate shall complete or have the intended spouse complete the sheet and submit the completed sheet to the coordinator a minimum of 10 business days before the requested date of the ceremony;
(iii)
The inmate and the intended spouse shall retain a copy of the completed sheet; and
(iv)
The inmate or intended spouse shall provide the officiant named on the sheet a copy of the sheet; and
(2)
Advise the inmate that:
(a)
The inmate, or the intended spouse, is responsible for expenses related to the marriage, for example, the marriage license fee and expenses for the ceremony and officiant;
(b)
The intended spouse is responsible for obtaining the marriage license in the county where the inmate’s correctional facility is located;
(c)
The intended spouse is responsible for providing a legally accepted copy of the marriage license to the coordinator (submitted with the completed Inmate Marriage Information sheet);
(d)
A Department officiant may not participate in the arrangements for the inmate marriage and the intended spouse is responsible for obtaining the services of an officiant and notifying the coordinator in writing (included in the completed Inmate Marriage Information sheet);
(e)
The intended spouse is required to obtain a list of items the officiant intends to use at the ceremony (included with the Inmate Marriage Information sheet);
(f)
A maximum of four guests (identification information is required to be included in the Inmate Marriage Information sheet) may be permitted to attend the marriage ceremony based on:
(i)
The intended spouse and officiant are not counted as guests; and
(ii)
Any individual under 18 years old, including an infant, shall be counted as a guest;
(g)
The intended spouse, officiant, and guests are required to comply with all policy and procedure and COMAR regarding visitors to the facility; and
(h)
The maximum time permitted for conducting the marriage ceremony and post-ceremony visitation is 2 hours.
C.
Upon receipt of the information required under §B of this regulation by the designee, the designee shall, as soon as possible after receipt, present the information to the inmate’s managing official for review and authorization of the request to marry an inmate at the correctional facility.
D.
A managing official shall review the information received in connection with the request to marry an inmate at the correctional facility and notify the designee that the information is:
(1)
Acceptable and that authorization to marry the inmate at the correctional facility is granted; or
(2)
Not acceptable and the request to marry an inmate at the correctional facility is denied.
E.
If the request to marry an inmate at the correctional facility is denied under §D(2) of this regulation, the designee shall notify the inmate and intended spouse, in writing:
(1)
Of the denial;
(2)
Of the reason for the denial; and
(3)
Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(2) of this regulation, the denial is final with no opportunity for appeal.
F.
If the managing official authorizes a request to marry an inmate at the correctional facility, as part of the authorization, the managing official may:
(1)
Limit the number of guests to less than four;
(2)
Deny attendance of a specific requested guest;
(3)
Reduce the time permitted for conducting the marriage ceremony and post-ceremony visitation;
(4)
Deny the use of items to be used by the officiant;
(5)
Approve the original date and time requested for the ceremony; or
(6)
Establish an alternate date and time for the ceremony.
Regulation .08 Arrangements for Inmate Marriage Ceremony.LinkCopy Citation
A.
When notified under Regulation .07 of this chapter of the managing official’s authorization of a request to marry an inmate at the correctional facility, the designee shall finalize arrangements for conducting the ceremony.
B.
The designee shall:
(1)
Notify the affected shift supervisor, or a designee, of the date and time of the ceremony;
(2)
Arrange for entry to the facility of:
(a)
The intended spouse;
(b)
Approved guests; and
(c)
Officiant, including approved ceremonial items;
(3)
If appropriate, register the inmate’s wedding ring with the facility property officer; and
(4)
Arrange for approved post-ceremony visitation.
C.
After the ceremony is completed, the inmate or the inmate’s spouse shall:
(1)
Immediately obtain a copy of the certificate of marriage signed by the officiant; and
(2)
Within 5 business days of the date of the ceremony provide the designee with a copy of the court-approved certificate of marriage.
D.
Upon receipt of the court-approved certificate of marriage, the designee shall forward all documents related to the inmate’s marriage to Case Management for inclusion in the inmate’s base file.
Regulation .09 Nondisciplinary Inmate Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility.LinkCopy Citation
A.
If authorization to marry an inmate at a correctional facility has been granted and the involved inmate is transferred to a different Department correctional facility for nondisciplinary reasons, the inmate, if the inmate intends to continue with the plan to marry, is required to notify the managing official of the receiving correctional facility, as soon as possible after the transfer is completed, of the intent to marry.
B.
A managing official notified under §A of this regulation shall:
(1)
Obtain from the inmate’s previous managing official documentation concerning the request and authorization to marry an inmate at the correctional facility; and
(2)
Review the information obtained.
C.
After review of the information concerning the request and authorization, the new managing official may, according to provisions established under this chapter:
(1)
Overturn the previous managing official’s authorization and deny the request to marry an inmate at the new correctional facility; or
(2)
Modify the previous managing official’s authorization.
D.
Notifications and arrangements related to conducting the marriage ceremony at the receiving correctional facility shall be in accord with those established in this chapter.
Regulation .10 Disciplinary Inmate Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility.LinkCopy Citation
If an inmate who has been granted permission to marry at a correctional facility under this directive is transferred to a different Department correctional facility for disciplinary reasons, the inmate, if the inmate intends to continue with the plan to marry, is required to initiate a new request to marry at the correctional facility in accord with provisions of this chapter.
Regulation .11 Federal or Interstate Corrections Compact Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility.LinkCopy Citation
A.
If an inmate who is housed in a Department correctional facility, but who is under federal or another state’s jurisdiction, requests to marry at the correctional facility, the inmate is required to:
(1)
Comply with policy and procedure and statute and regulation concerning inmate marriage of the sending jurisdiction; and
(2)
If the inmate is a federal detainee, obtain authorization from the United States Marshall and the prosecutor in the detainee’s case.
B.
If an inmate under §A of this regulation submits a request to marry at the correctional facility to a Department managing official, the managing official, or a designee, shall include contact with and input from the inmate’s responsible jurisdiction as part of processing the request to marry at the correctional facility as established under this chapter.
Regulation .12 Housing a Married Inmate.LinkCopy Citation
A.
If an individual, who is not in the custody of the Department and married to an inmate, is subsequently placed in the custody of the Department, the married couple may not be housed in the same dormitory or housing unit.
B.
If a married couple, who at the time of the marriage is not in the custody of the Department, is subsequently placed in the custody of the Department, the married couple may not be housed in the same dormitory or housing unit.
Chapter annotations
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland
History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)