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PARRIS N. GLENDENING, Governor
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Ch. 224
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Article - Correctional Services
[3-609.
(a) (1) The Division shall hold for 30 days any personal property of an
inmate that comes into the possession of the Division:
(i) as the result of an escape by the inmate; or
(ii) because the personal property has been unclaimed by an inmate
who has the right to its possession.
(2) During the 30-day holding period, the Division shall post notice in a
conspicuous location in the correctional facility where the property initially was
found.
(3) The Division shall deliver personal property being held by the
Division to an inmate if:
(i) the property is claimed within the 30-day holding period;
(ii) the inmate satisfactorily establishes a right to possession of the
property; and
(iii) the inmate gives a proper receipt for the property.
(b) (1) The Commissioner shall adopt regulations:
(i) to define what property constitutes contraband in the
correctional facilities in the Division; and
(ii) to establish procedures for the confiscation of contraband by
staff of the correctional facilities.
(2) An inmate whose property is confiscated as contraband shall be
notified of the right to have the property removed from the correctional facility or sent
to a person outside the correctional facility at the inmate's expense.
(3) If an inmate fails to have property removed from or sent outside the
correctional facility within 30 days after receipt of notice of confiscation, the property
shall be deemed abandoned property under subsection (c)(2) and (3) of this section.
(c) (1) Personal property that is unclaimed within the 30-day holding
period established under subsection (a) of this section shall be deemed abandoned
property.
(2) Abandoned property may be converted to the use of the Division, sold,
or otherwise disposed of in accordance with procedures established by the
Commissioner.
(3) All claims to abandoned property are absolutely barred.
(d) (1) This section does not create or recognize any cause, action, or defense
or abridge any immunity of the Division, the Commissioner, or any employee.
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- 1473 -
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