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PARRIS N. GLENDENING, Governor
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Ch. 224
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(B) (C) (1) THE COMMISSIONER OF CORRECTION, THE DIRECTOR OF THE
PATUXENT INSTITUTION, AND THE COMMISSIONER OF PRETRIAL DETENTION AND
SERVICES SHALL ADOPT REGULATIONS:
(I) TO DEFINE WHAT PROPERTY CONSTITUTES CONTRABAND IN
STATE CORRECTIONAL FACILITIES;
(II) TO ESTABLISH PROCEDURES FOR THE CONFISCATION OF
CONTRABAND BY STAFF OF STATE CORRECTIONAL FACILITIES; AND
(III) TO ESTABLISH PROCEDURES GOVERNING HEARINGS ON THE
ISSUE OF FORFEITURE OF CONFISCATED PROPERTY.
(2) (I) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION,
AN INMATE WHOSE PROPERTY IS CONFISCATED AS CONTRABAND SHALL BE
NOTIFIED OF THE RIGHT TO HAVE THE PROPERTY REMOVED FROM THE STATE
CORRECTIONAL FACILITY OR SENT TO A PERSON OUTSIDE THE STATE
CORRECTIONAL FACILITY AT THE INMATE'S EXPENSE.
(II) IF AN INMATE FAILS TO HAVE PROPERTY REMOVED FROM OR
SENT OUTSIDE THE STATE CORRECTIONAL FACILITY WITHIN 30 DAYS AFTER
RECEIPT OF NOTICE OF CONFISCATION, THE PROPERTY SHALL BE DEEMED
ABANDONED PROPERTY UNDER SUBSECTION (C) (D)(2) AND (3) OF THIS SECTION.
(3) (I) PROPERTY CONFISCATED AS CONTRABAND MAY BE SUBJECT
TO FORFEITURE.
(II) PROPERTY MAY NOT BE FORFEITED UNDER SUBPARAGRAPH (I)
OF THIS PARAGRAPH, UNLESS, PRIOR TO FORFEITURE, THE STATE CORRECTIONAL
FACILITY PROVIDES NOTICE TO THE INMATE:
1. THAT THE PROPERTY HAS BEEN CONFISCATED; AND
2. OF THE RIGHT TO A HEARING ON THE ISSUE OF
FORFEITURE.
(III) A HEARING ON A DISCIPLINARY INFRACTION MAY INCLUDE
THE ADJUDICATION OF ANY ISSUE OF FORFEITURE OF CONFISCATED PROPERTY.
(C) (D) (1) PERSONAL PROPERTY THAT IS UNCLAIMED WITHIN THE
30-DAY HOLDING PERIOD ESTABLISHED UNDER SUBSECTION (A) SUBSECTION (B) OF
THIS SECTION SHALL BE DEEMED ABANDONED PROPERTY.
(2) ABANDONED PROPERTY MAY BE SOLD, CONVERTED TO THE USE OF
THE DIVISION OF CORRECTION, THE PATUXENT INSTITUTION, OR THE DIVISION OF
PRETRIAL DETENTION AND SERVICES, OR OTHERWISE DISPOSED OF IN
ACCORDANCE WITH PROCEDURES ESTABLISHED BY REGULATION.
(3) ALL CLAIMS TO ABANDONED PROPERTY ARE ABSOLUTELY BARRED.
(D) (E) (1) THIS SECTION DOES NOT CREATE OR RECOGNIZE ANY CAUSE,
ACTION, OR DEFENSE OR ABRIDGE ANY IMMUNITY OF THE DEPARTMENT OR ANY OF
ITS UNITS, OFFICIALS, OR EMPLOYEES.
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- 1475 -
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