(a) Policy. People in custody are entitled to correspond with any person, except when there is a reasonable belief that limitation is necessary to protect public safety or maintain facility order and security. The Department shall establish appropriate procedures to implement this policy. Correspondence shall not be deemed to constitute a threat to safety and security of a facility solely because it criticizes a facility, its staff, or the correctional system, or espouses unpopular ideas, including ideas that facility staff deem not conducive to rehabilitation or correctional treatment. The Department shall provide notice of this policy to all people in custody.
(b) Number and language.
(1) There shall be no restriction upon incoming or outgoing correspondence based upon either the amount of correspondence sent or received, or the language in which correspondence is written.
(2) If a person in custody is unable to read or write, he or she may receive assistance with correspondence from other persons, including but not limited to, facility employees and people in custody.
(c) Outgoing correspondence.
(1) Each facility shall make available to indigent people in custody at Department expense stationery and postage for all letters to attorneys, courts and public officials, as well as two (2) other letters each week.
(2) Each facility shall make available for purchase by people in custody both stationery and postage.
(3) Outgoing correspondence shall bear the sender's name and either the facility post office box or street address or the sender's home address in the upper left-hand corner of the envelope.
(4) Outgoing correspondence shall be sealed by the sender and deposited in locked mail receptacles.
(5) All outgoing correspondence shall be forwarded to the United States Postal Service at least once each business day.
(6) Outgoing non-privileged correspondence shall not be opened or read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(i) The warden's written order shall state the specific facts and reasons supporting the determination.
(ii) The affected sender shall be given written notification of the determination and the specific facts and reasons supporting it. The warden may delay notifying the sender only for so long as such notification would endanger the safety and security of the facility, after which the warden immediately shall notify the person.
(iii) A written record of correspondence read pursuant to this paragraph shall be maintained and shall include: the name of the person in custody, the name of the intended recipient, the name of the reader, the date the correspondence was read, and the date that the person received notification.
(iv) Any action taken pursuant to this paragraph shall be completed within five (5) business days of receipt of the correspondence by the Department.
(7) Outgoing privileged correspondence shall not be opened or read except pursuant to a lawful search warrant.
(d) Incoming correspondence.
(1) Incoming correspondence shall be delivered to the intended recipient within forty-eight (48) hours of receipt by the Department unless the recipient is no longer in custody of the Department.
(2) A list of items that may be received in correspondence shall be established by the Department. Upon admission to a facility, people shall be provided a copy of this list or it shall be posted in each housing area.
(e) Inspection of incoming correspondence.
(1) Incoming non-privileged correspondence:
(i) shall not be opened except in the presence of the intended recipient or pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(A) The warden's written order shall state the specific facts and reasons supporting the determination.
(B) The affected recipient and sender shall be given written notification of the warden's determination and the specific facts and reasons supporting it. The warden may delay notifying the recipient and the sender only for so long as such notification would endanger the safety or security of the facility, after which the warden immediately shall notify the recipient and sender.
(C) A written record of correspondence read pursuant to this subdivision shall be maintained and shall include: the name of the sender, the name of the intended recipient in custody, the name of the reader, the date that the correspondence was received and was read, and the date that the recipient and sender received notification.
(D) Any action taken pursuant to this subdivision shall be completed within five (5) business days of receipt of the correspondence by the Department.
(ii) shall not be read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public. Procedures for the warden's written order pursuant to this subdivision are set forth in paragraph (1) of this subdivision.
(2) Incoming correspondence may be manipulated or inspected without opening, and subjected to any non-intrusive devices. A letter may be held for an extra twenty-four (24) hours pending resolution of a search warrant application.
(3) Incoming privileged correspondence shall not be opened except in the presence of the recipient in custody or pursuant to a lawful search warrant. Incoming privileged correspondence shall not be read except pursuant to a lawful search warrant.
(f) Prohibited items in incoming correspondence.
(1) When an item found in incoming correspondence involves a criminal offense, it may be forwarded to the appropriate authority for possible criminal prosecution. In such situations, the notice required by paragraph (3) of this subdivision may be delayed if necessary to prevent interference with an ongoing criminal investigation.
(2) A prohibited item found in incoming correspondence that does not involve a criminal offense shall be returned to the sender, donated or destroyed, as the recipient wishes.
(3) Within twenty-four (24) hours of the removal of an item, the Board and the intended recipient shall be sent written notification of this action. This written notice shall include:
(i) the name and address of the sender;
(ii) the item removed;
(iii) the reasons for removal;
(iv) the choice provided by paragraph (2) of this subdivision; and
(v) the appeal procedure.
(4) After removal of an item, the incoming correspondence shall be forwarded to the intended recipient.
(g) Appeal. Any person affected by the determination to remove an item from correspondence may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(2) The Department and any person affected by the determination may submit to the Board for its consideration any relevant material in addition to the written determination.
(3) The Board or its designee shall issue a written decision upon the appeal within 14 business days after receiving notice of the requested review.
(Amended City Record 6/9/2021, eff. 7/9/2021)