In this chapter, the following terms have the meanings indicated. Terms Defined. “Commissioner” means the Commissioner of Correction. “Contraband” has the meaning stated in Criminal Law Article, §9-410, Annotated Code of Maryland. “Correctional facility” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland. “Director” means the Director of Patuxent Institution. General Mail. “General mail” means correspondence, written materials, and publications, including but not limited to letters, cards, newspapers, magazines, newsletters, flyers, and advertisements: Addressed to or from an incarcerated individual; and Leaving or entering the correctional facility by the United States Postal Service or by a recognized courier system. “General mail” does not mean: Legal mail as defined in this section; A written communication among incarcerated individuals within the correctional facility; A package; or An initial package as defined in this section. “Hostile work environment” means a workplace where discriminatory intimidation, ridicule, or insult are so severe or pervasive that the conditions of an individual’s employment are altered to the point of creating an abusive working environment. Indigent Incarcerated Individual. “Indigent incarcerated individual” means an incarcerated individual who, within the previous payroll period: Has not received pay for an assignment in work or school and has less than $6 in the incarcerated individual’s spending account; or Has been admitted to a correctional facility and does not have at least $6 in the incarcerated individual’s spending account on admission. “Indigent incarcerated individual” does not mean an incarcerated individual who, in order to be eligible for the benefits described in Regulation .03 of this chapter, manipulates the incarcerated individual’s account balance. “Initial package” means a package of purchased retail items or goods delivered to an incarcerated individual within 90 days of an incarcerated individual’s admission to the correctional facility. “Legal mail” means mail that is either addressed by an incarcerated individual to, or received on official stationery from, any of the following individuals or agencies: A court; A judge; A clerk of court; An attorney; The American Civil Liberties Union; The Legal Aid Bureau; The contractual service provider for incarcerated individual legal services; The Secretary of Public Safety and Correctional Services; The Commissioner of Correction; The Commissioner of Pretrial Detention and Services; The Director of Patuxent Institution; The Director of the Division of Parole and Probation; The Director of Criminal Justice Information System–Central Repository; and Elected or appointed public officials. “Mail” means general and legal mail. “Managing official” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland. Package. “Package” means any container or wrapping of a purchased retail item or good that is used to deliver the retail item or good to an incarcerated individual from outside the secure perimeter of the correctional facility. “Package” includes: An initial package; An incarcerated individual’s catalog or commercial retail order, including but not limited to a food item, portable music player, television, gaming system, video game, book, and item of clothing; and A delivery from one correctional facility to another. “Property officer” means a Department employee responsible for receiving and controlling an incarcerated individual’s belongings in accordance with established incarcerated individual personal property procedures. “Retail” means the sale of an item or good to an individual in a small quantity that the individual uses for personal consumption and not for resale. “Sexually explicit” means a pictorial, written, or verbal depiction of actual or simulated sexual behavior, including: Bestiality; A minor or minors depicted in the nude or partially nude; Masturbation; Sadistic or masochistic abuse; A sexual act as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; Sexual contact as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; and Vaginal intercourse as defined in Criminal Law Article, §3-301, Annotated Code of Maryland. An incarcerated individual is allowed to send or receive mail consistent with the United States Constitution, federal law and regulations, and Maryland law and regulations. Mail may not be handled by any incarcerated individual other than the incarcerated individual to whom the mail is addressed. The volume of mail an incarcerated individual sends or receives may not be limited unless there is justification in accordance with procedures established in Regulation .08 of this chapter. A restriction may not be placed on an incarcerated individual’s mail for disciplinary reasons unless an incarcerated individual specifically abuses this privilege. A restriction may not be placed on an incarcerated individual’s mail because of the incarcerated individual’s use of an officially adopted religious or gender-affirming name. Mail Inspection and Delivery Time Requirements. Upon delivery to the mailroom, incoming mail shall be date stamped with the date it was received at the correctional facility. Legal mail may not be held for more than 48 hours, excluding weekends and holidays, except when it contains contraband. Legal mail shall be inspected and delivered as set forth in Regulation .08 of this chapter. Incoming general mail that is conducive to photocopying may not be held for more than 72 hours, excluding weekends and holidays, except when it contains contraband. To facilitate effective search procedures and to reduce the amount of controlled dangerous substances and other contraband containing injurious materials, general mail coming into a correctional facility that is not conducive to photocopying or scanning, such as a magazine or newspaper, may not be held for more than 80 hours, excluding weekends and holidays, except when it contains contraband. Contraband may not be mailed or otherwise conveyed into a correctional facility. Contraband includes, but is not limited to, material that: Describes escape plans, devices, or paraphernalia; Describes the construction or use of weapons, ammunition, bombs, incendiary devices, or other means of inflicting bodily harm; Describes procedures for brewing alcoholic beverages or the manufacture of drugs; Is written in code; Is sexually explicit; Depicts a nude person under the age of 18; If not withheld, may create a hostile work environment for employees who are required to inspect, view, read, or overhear the reading of mail during the normal course of their duties; Describes theory, design, or manufacture of prison security systems or equipment, including prison communication systems or equipment; Instructs an incarcerated individual in the commission of violations of Department regulations that may produce a breach of security or order in the correctional facility; Advocates or instructs in the formation of incarcerated individual unions; May be contaminated with controlled dangerous substances, or substances such as paint, crayon, marker, ink, glitter, cloth, string, tape, glue, epoxy, metal, plastic, wood, stickers, scents, or stain that may obscure detection of CDS; or Poses a direct and immediate danger of violence or physical harm to a person or persons, based upon the current circumstances within the correctional facility. Except for an indigent incarcerated individual’s mail, an incarcerated individual shall affix proper postage to all outgoing mail. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing incoming incarcerated individual mail, as follows: Mail to or from an Incarcerated Individual’s Attorney. The Department may establish a pilot program to verify that mail marked by the sender as legal mail sent by, or on behalf of, an attorney to an incarcerated individual meets the definition of legal mail as stated in Regulation .01 of this chapter. General Mail. The Department may establish a pilot program for incoming general mail consistent with this chapter that centralizes the collection, photocopying or scanning, and electronic distribution of incoming general mail at a specified Division of Correction correctional facility. To reduce the amount of controlled dangerous substances and other contraband entering the correctional facility, the Division shall: Except for bound publications or other unsuitable items, photocopy or scan all incoming general mail; and Provide an incarcerated individual with clear unobstructed photocopies or electronic copies of an incarcerated individual’s incoming general mail, unless the mail is withheld in accordance with the procedures established in Regulation .10 of this chapter. The Department shall store, in accordance with §A(2)(d) of this regulation, the original incoming general mail for the later of: The time frame established for an incarcerated individual to file a complaint through the informal and formal Administrative Remedy Procedure (ARP) established in COMAR 12.02.28; or Until a decision has been issued by the Commissioner in response to an incarcerated individual ARP complaint. The Department shall establish and maintain appropriate safeguards, such as access restrictions, records controls, and lockable cabinets and rooms to ensure the security of incoming general mail. Except under §A(2)(f) and (g) of this regulation, the Department shall securely dispose of the original general mail after the photocopied or scanned mail has been delivered and either the: Time frame for filing an ARP complaint has expired; or Incarcerated individual’s ARP complaint has been resolved. The Department may not as part of this subsection photocopy, scan, or dispose of legal mail. The Department may not destroy mail subject to a legal hold notice directing that an incarcerated individual’s general mail be retained. A document destruction services contractor shall collect and destroy the stored original general mail at the expiration of the period specified in §A(2)(b) of this regulation. The Department shall: Develop pilot projects in cooperation with representatives of recognized advocacy organizations dedicated to ensuring the wellbeing and fair treatment of incarcerated individuals; and Provide adequate notice of a pilot program through the Maryland Register and the Department’s public website so that an interested individual has a reasonable opportunity to be informed. Upon the request of an indigent incarcerated individual, staff shall provide an incarcerated individual with pen, paper, envelopes, and first-class postage for seven letters per week. If an incarcerated individual requires additional materials or postage for legal correspondence, an incarcerated individual may request these through the mailroom supervisor or designee. The mailroom supervisor shall grant the request for additional materials or postage for legal correspondence, unless it is determined that the postage provision is being abused, in which case the mailroom supervisor shall refer the request and findings to the managing official, or designee, for disposition. The mailroom supervisor shall encourage the indigent incarcerated individual to set mail priorities within the seven-letter allowance. The managing official shall ensure that staff assigned to forward general mail to the United States Postal Service or other recognized courier date-stamp the outgoing general mail on the date it is received from the incarcerated individual. Except as provided in §F of this regulation, outgoing general mail may not be held for more than 24 hours excluding weekends and holidays. An incarcerated individual shall include an incarcerated individual’s own name, identification number, and the return address of the correctional facility on outgoing mail. If an incarcerated individual wants to mail money from the incarcerated individual’s account with a letter, an incarcerated individual shall forward the letter and an unsealed envelope, together with the proper withdrawal voucher, to the person or unit designated by internal correctional facility directives. The managing official or designee may not open outgoing general mail unless clear evidence exists to warrant inspection. The managing official or designee who opens and inspects outgoing general mail shall: Ensure that the reasons for the inspection and results of the inspection are documented; and Withhold outgoing general mail only when it is: Found to contain contraband; Evidence for a rule violation under COMAR 12.03.01; or A basis for requesting an investigation by the Department’s Intelligence and Investigative Division or other law enforcement agency. A person sending general mail to an incarcerated individual shall: Include an incarcerated individual’s name and identification number on the outside of the envelope; and Ensure that the general mail envelope: Is not larger than 12 inches wide or 15 inches long; Does not exceed 3.5 ounces; and Does not contain more than 12 photographs. When a single piece of incoming general mail sent to an incarcerated individual exceeds the allowable size, weight, or content specified in §A(2) of this regulation, correctional staff shall issue a notification to the incarcerated individual indicating that a piece of oversized mail was received and returned to the sender. When the overall volume of an incarcerated individual’s general mail exceeds a limitation imposed by a managing official, correctional staff shall follow the procedures established in Regulation .09 of this chapter. Inspection and Delivery of Incoming Mail. Correctional staff shall open incoming general mail before delivery to an incarcerated individual, and inspect it only for: Money orders; Cash; Stamps; Checks; and Contraband. Correctional staff shall follow established procedures for handling money orders, cash, stamps, checks, and contraband received in the mail. Inspected incoming general mail shall be delivered as set forth in Regulation .02F of this chapter. Document Reproduction and Delivery. Following inspection, incoming general mail at a pilot site shall be reproduced by photocopy or electronic scan, to include: Every side of each page or item contained in or on the envelope; The outer envelope, including the incarcerated individual’s mailing address and the sender’s return address; and All enclosed contents, including a letter, postcard, or other form of correspondence, photographs, drawings, printed material, and publication clippings. Disposition and destruction of original general mail after photocopying or electronic scanning shall be handled as set forth in Regulation .03A of this chapter. In accordance with COMAR 12.02.17, all packages received by mailroom staff, regardless of external packaging and point of origin, shall be inspected and delivered to a correctional facility’s incarcerated individual property room to be inventoried and inspected to ensure that: The package does not contain contraband; Ownership of the purchased or received property, good, or retail item is properly established and documented; and The incoming property does not exceed the established limits of an incarcerated individual’s personal property allowance. Upon receipt of a package, mailroom staff or the property officer shall notify an incarcerated individual within 48 hours that an incarcerated individual’s package has been delivered to the incarcerated individual property room for inspection and inventory. The incoming property delivered to a correctional facility as a package for an incarcerated individual may not be held for inspection and inventory for more than 7 business days, except when it contains contraband or exceeds the allowable property amount as set forth in COMAR 12.02.17.02. Incoming or outgoing mail that is marked as, or purports to constitute, legal mail but does not meet the definition of legal mail shall be: Refused and returned to sender; or If reasonable cause exists to believe that the mail has been sent for a fraudulent or criminal purpose, forwarded to the Department’s Intelligence and Investigative Division. When legal mail is delivered to an incarcerated individual: It shall be delivered to the incarcerated individual to whom it is addressed by: Mailroom staff; or Non-mail-room staff authorized to deliver mail to an incarcerated individual; Mailroom staff shall log receipt and disposition of the legal mail in accordance with facility procedures for logging incarcerated individual legal mail which, at a minimum, records: The date received by the mailroom; The incarcerated individual’s name, identification number, and housing assignment verified by the facility’s traffic and housing assignment report; The sender’s name and address; The number of legal mail items being delivered to an incarcerated individual; The incarcerated individual’s acceptance or refusal of the legal mail; and If appropriate, the disposition of legal mail refused by an incarcerated individual; Mailroom staff shall make a photocopy of the envelope containing the legal mail; and Mailroom and correctional staff delivering the legal mail to an incarcerated individual shall: Properly identify an incarcerated individual by inspecting an incarcerated individual’s facility identification card and the information from the traffic and housing assignment reports; Open the envelope in the presence of the incarcerated individual to whom it is addressed; Without specifically reading the contents, inspect the enclosed contents for contraband only; Deliver the contents and the photocopy of the envelope used to send the legal mail; Have an incarcerated individual sign a receipt for the delivery of legal mail or, if appropriate, a refusal to accept the legal mail; and Return the original envelope and the receipt or refusal for legal mail to the mailroom for disposition according to facility procedures. 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. 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. Just cause for limiting the volume of mail an incarcerated individual sends or receives includes: An increased and substantiated risk for the introduction of contraband to the correctional facility; Placement of an undue burden upon mailroom staff to inspect and process an incarcerated individual’s mail within the allotted time frames; and If delivered, the volume of received mail would cause an incarcerated individual to exceed the limits of an incarcerated individual’s personal property allowance. Notification of General Mail Volume Being Limited. 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. 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 summary of the evidence; The decision; The reason for the decision; and The facts upon which the decision is based. 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. 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. The notification provides a section for the incarcerated individual or sender to appeal the decision. General Mail Exceeding the Permissible Volume. 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: Returning the mail as a whole; or Receiving the acceptable portion and disposing of the excess portion by selecting one of the methods listed under §E(2) of this regulation. An incarcerated individual may choose to dispose of the excess portion of general mail by: Destroying it; Returning it to the sender or sending it to an address specified by an incarcerated individual at an incarcerated individual’s expense; Donating it to a charity; or Arranging for it to be picked up by a visitor in accordance with established procedures. 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. Appeal Process for Limitations on Volume of Received General Mail. 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. Pending the outcome of the appeal process through the incarcerated individual grievance process, correctional staff shall securely store the excess volume of mail. The managing official shall respond to an incarcerated individual and sender’s appeal within 5 business days of receipt of the appeal. 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. Staff shall send a written notification to the incarcerated individual and, if applicable, the sender that includes: The managing official’s decision regarding the appeal; and Information on how to appeal the managing official’s decision to the Commissioner or Director. 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. 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. An incarcerated individual may appeal the Commissioner’s or Director’s response to the Incarcerated Individual Grievance Office. 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. 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. Incoming mail as set forth in Regulation .05 of this chapter may be withheld: As a whole if the mail in its entirety is subject to rejection; or In part if only a portion or a particular section or item within the mail is subject to rejection. Notification of Mail Being Withheld. 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. 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 summary of the evidence; The decision; The reason for the decision; and The facts upon which the decision is based. 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. The written notification provides a section for the sender or incarcerated individual to appeal the managing official’s decision. 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: Returning the mail as a whole; Receiving the acceptable portion and disposing of the rejected portion by: Destroying it; Sending it to an address specified by an incarcerated individual at an incarcerated individual’s expense; Donating it to a charity; or Arranging for it to be picked up by a visitor in accordance with established procedures; Disposing of the mail as a whole by selecting one of the methods listed under §E(2)of this regulation; or Appealing to the managing official. Appeal Process for Withheld Mail. 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. Pending the outcome of the appeal process, correctional staff shall securely store the withheld mail. The managing official shall respond within 5 business days to an incarcerated individual or sender’s appeal. 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. Staff shall send a written notification to the incarcerated individual and, if applicable, the sender that includes: The managing official’s decision regarding the appeal; and Information on how to appeal the managing official’s decision to the Commissioner or Director. 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. An incarcerated individual may appeal the Commissioner’s or Director’s response to the Incarcerated Individual Grievance Office. 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: Sending the mail at an incarcerated individual’s expense to the sender or to any addressee an incarcerated individual chooses; or Disposing of the mail in a manner specified by an incarcerated individual and approved by the managing official. 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. The withheld and removed portion of the mail shall be handled as set forth in §I of this regulation. If mail is received for an incarcerated individual for whom no forwarding address is available, or if an incarcerated individual has escaped or died, staff shall return the first-class and legal mail to the sender. Unless the postal endorsement requires forwarding or return to sender, staff shall discard undeliverable second-class and third-class mail addressed to an incarcerated individual not assigned to the correctional facility. A managing official shall ensure that employees who handle incarcerated individual mail are familiar with the requirements of this chapter. A managing official shall develop a correctional facility mail security plan that, at minimum, addresses: Risk assessment; A plan to protect staff and other individuals from hazards that may be delivered in the mail; Standard operating procedures; Security screening procedures; Training of mailroom staff; Testing and preparedness responses to emergency situations; Threat management; and Annual reviews of a correctional facility’s mail security plan. Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland Effective date: February 19, 2024 (51:3 Md. R. 154)