1. A. 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. (1) Refused and returned to sender; or
   2. (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.

2. B. When legal mail is delivered to an incarcerated individual:

   1. (1) It shall be delivered to the incarcerated individual to whom it is addressed by:

      1. (a) Mailroom staff; or
      2. (b) Non-mail-room staff authorized to deliver mail to an incarcerated individual;

   2. (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:

      1. (a) The date received by the mailroom;
      2. (b) The incarcerated individual’s name, identification number, and housing assignment verified by the facility’s traffic and housing assignment report;
      3. (c) The sender’s name and address;
      4. (d) The number of legal mail items being delivered to an incarcerated individual;
      5. (e) The incarcerated individual’s acceptance or refusal of the legal mail; and
      6. (f) If appropriate, the disposition of legal mail refused by an incarcerated individual;
   3. (3) Mailroom staff shall make a photocopy of the envelope containing the legal mail; and

   4. (4) Mailroom and correctional staff delivering the legal mail to an incarcerated individual shall:

      1. (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;
      2. (b) Open the envelope in the presence of the incarcerated individual to whom it is addressed;
      3. (c) Without specifically reading the contents, inspect the enclosed contents for contraband only;
      4. (d) Deliver the contents and the photocopy of the envelope used to send the legal mail;
      5. (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
      6. (f) Return the original envelope and the receipt or refusal for legal mail to the mailroom for disposition according to facility procedures.

Authority: 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)