§ 10-801. Personal property of inmate; contraband; abandoned property

   (a) Definitions. -- In this section:

   (1) "contraband" means any item, material, substance, or other thing of value that:

      (i) is not authorized for inmate possession by the Commissioner of Correction, the Director of Patuxent Institution, the Commissioner of Pretrial Detention and Services, or the warden of a State correctional facility; or

      (ii) is brought into a State correctional facility in a manner prohibited by the Commissioner of Correction, the Director of Patuxent Institution, the Commissioner of Pretrial Detention and Services, or the warden of a State correctional facility.

   (2) "contraband" includes any other property defined in regulations by the Commissioner of Correction, the Director of Patuxent Institution, or the Commissioner of Pretrial Detention and Services.

(b) Property in possession of facility. --

   (1) A State correctional facility shall hold for 30 days any personal property of an inmate that comes into the possession of any official or employee of the State correctional facility:

      (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 State correctional facility shall post notice in a conspicuous location in the State correctional facility.

   (3) The State correctional facility shall deliver personal property being held by the State correctional facility 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.

(c) Contraband. --

   (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 (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.

(d) Abandoned property. --

   (1) Personal property that is unclaimed within the 30-day holding period established under 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.

(e) Construction and effect of section. --

   (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.

   (2) This section does not affect the authority of State correctional facilities to seize and dispose of personal property that is contraband per se in accordance with applicable law without a hearing.

HISTORY: 2000, ch. 224, § 1.