1. A. Inmate Property Rights. The Commissioner shall ensure that:

   1. (1) A warden protects the property rights of an inmate when a Division rule or directive requires that an inmate release the inmate's personal property to Division custody for safekeeping;
   2. (2) An employee exercises reasonable care of property which is removed from an inmate;
   3. (3) A warden disciplines an employee when employee negligence causes loss or damage to inmate property.

2. B. The Commissioner shall ensure that a warden establishes a secure area as a property room. This area shall be used to:

   1. (1) Secure inmate property which is temporarily out of the custody of an inmate; and
   2. (2) Store inmate valuables under Division directives.

3. C. The Commissioner shall ensure that a warden establishes procedures to:

   1. (1) Control and account for inmate property which is in the care of the institution; and
   2. (2) Ensure that excess or unallowable property is disposed of under Division directive.

4. D. Inventory of Inmate Property.

   1. (1) The Commissioner shall ensure that inmate property which is taken into institutional custody is inventoried to establish an accurate record of the property received.
   2. (2) When inmate property cannot be inventoried, the Commissioner shall ensure that each warden establishes procedures to ensure that an employee packages, seals, and places the property in a secure area.
   3. (3) The Commissioner shall ensure that when sealed property is received by the institution and cannot be inventoried at the time of receipt, the property remains sealed and is placed in a secure area, with documentation indicating the name of the officer receiving and securing the property.
5. E. The Commissioner shall ensure that when an inmate receives a housing change, the inmate is permitted only those items which are authorized by a warden and established by institutional directive.

6. F. Allowable Property.

   1. (1) An inmate may possess only items authorized by Division directive.

   2. (2) The Commissioner shall ensure that unauthorized property is:

      1. (a) Sent to an address provided by an inmate, at an inmate's expense;
      2. (b) Released to a visitor who has been authorized by the inmate to receive an inmate's property; or
      3. (c) Disposed of under Division directive.

Authority: Correctional Services Article, §§2-109(c), 3-609, and 10-801, Annotated Code of Maryland

Effective date: May 27, 1991 (18:10 Md. R. 1117)

Regulations .01—.03 amended effective February 26, 1996 (23:4 Md. R. 273)

Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013)