Md. Code Regs. 12.02.16.08

Current through Register Vol. 51, No. 25, December 13, 2024
Section 12.02.16.08 - Suspension of a Visitor's Visiting Privilege
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.

Md. Code Regs. 12.02.16.08