Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 03 - OPERATIONS
Chapter 12.03.03 - Incarcerated Individual Mail
Section 12.03.03.03 - Mailroom Pilot Programs

Universal Citation: MD Code Reg 12.03.03.03

Current through Register Vol. 51, No. 19, September 20, 2024

A. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing incoming incarcerated individual mail, as follows:

(1) 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.

(2) General Mail.
(a) 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.

(b) To reduce the amount of controlled dangerous substances and other contraband entering the correctional facility, the Division shall:
(i) Except for bound publications or other unsuitable items, photocopy or scan all incoming general mail; and

(ii) 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.

(c) The Department shall store, in accordance with §A(2)(d) of this regulation, the original incoming general mail for the later of:
(i) 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

(ii) Until a decision has been issued by the Commissioner in response to an incarcerated individual ARP complaint.

(d) 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.

(e) 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:
(i) Time frame for filing an ARP complaint has expired; or

(ii) Incarcerated individual's ARP complaint has been resolved.

(f) The Department may not as part of this subsection photocopy, scan, or dispose of legal mail.

(g) The Department may not destroy mail subject to a legal hold notice directing that an incarcerated individual's general mail be retained.

(h) 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.

B. The Department shall:

(1) Develop pilot projects in cooperation with representatives of recognized advocacy organizations dedicated to ensuring the wellbeing and fair treatment of incarcerated individuals; and

(2) 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.

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