12.02.20.01

.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Contraband" means:

(a) An article which an inmate is not permitted to trade, loan, give away, or possess by Division of Correction regulation or by institutional or unit rules; or

(b) Material which poses a threat to the safety and security of a person, persons, or an institution.

(2) General Mail.

(a) "General mail" means correspondence, written materials, publications including but not limited to letters, books, newspapers, magazines, and other publications, addressed to or from an inmate, and leaving or entering the institution by the United States Postal Service or by a recognized courier system.

(b) "General mail" does not mean written communication among inmates within the institution.

(3) Indigent Inmate.

(a) "Indigent inmate" means an inmate who, within the previous 2 weeks, has not received pay for an assignment in work or school, and who has less than $2 in his or her spending account, or an inmate received within the previous 2 weeks who has not had $2 in his or her spending account.

(b) "Indigent inmate" does not mean an inmate who establishes a pattern of receiving and spending funds within a 30-day period, thereby manipulating the inmate's account balance in order to be eligible for the benefits described in Regulation .03 of this chapter.

(4) "Legal mail" means mail either addressed by an inmate to, or received on official stationery from, any of the following individuals or agencies:

(a) A court;

(b) A judge;

(c) A clerk of court;

(d) An attorney;

(e) The American Civil Liberties Union;

(f) The Legal Aid Bureau;

(g) The Secretary of Public Safety and Correctional Services;

(h) The Commissioner of Correction;

(i) Director, Patuxent Institution; and

(j) Elected or appointed public officials.

(5) Sexually Explicit Mail.

(a) "Sexually explicit mail" means material which shows:

(i) Sexual activity between homosexuals of the same sex as the person looking at the material;

(ii) Sadomasochistic activity;

(iii) Beastiality; or

(iv) Sexual activity involving children.

(b) "Sexually explicit mail" does not mean:

(i) Explicit heterosexual material;

(ii) Homosexual publications covering the activities of gay rights groups or gay religious groups; or

(iii) Literary publications with homosexual themes or references.