Current through Register Vol. 51, No. 25, December 13, 2024
Section 12.03.03.08 - Legal MailA. 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: (1) Refused and returned to sender; or(2) 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.B. When legal mail is delivered to an incarcerated individual: (1) It shall be delivered to the incarcerated individual to whom it is addressed by:(b) Non-mail-room staff authorized to deliver mail to an incarcerated individual;(2) 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:(a) The date received by the mailroom;(b) The incarcerated individual's name, identification number, and housing assignment verified by the facility's traffic and housing assignment report;(c) The sender's name and address;(d) The number of legal mail items being delivered to an incarcerated individual;(e) The incarcerated individual's acceptance or refusal of the legal mail; and(f) If appropriate, the disposition of legal mail refused by an incarcerated individual;(3) Mailroom staff shall make a photocopy of the envelope containing the legal mail; and(4) Mailroom and correctional staff delivering the legal mail to an incarcerated individual shall: (a) Properly identify an incarcerated individual by inspecting an incarcerated individual's facility identification card and the information from the traffic and housing assignment reports;(b) Open the envelope in the presence of the incarcerated individual to whom it is addressed;(c) Without specifically reading the contents, inspect the enclosed contents for contraband only;(d) Deliver the contents and the photocopy of the envelope used to send the legal mail;(e) Have an incarcerated individual sign a receipt for the delivery of legal mail or, if appropriate, a refusal to accept the legal mail; and(f) Return the original envelope and the receipt or refusal for legal mail to the mailroom for disposition according to facility procedures.Md. Code Regs. 12.03.03.08
Regulation .08 adopted effective 51:3 Md. R. 154, eff. 2/19/2024.