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(a) Policy. Prisoners are entitled to receive new or used publications from any source, including family, friends and publishers, except when there is substantial belief that limitation is necessary to protect public safety or maintain facility order and security. "Publications" are printed materials including soft and hardcover books, articles, magazines and newspapers.
(b) Number and language. There shall be no restriction upon the receipt of publications based upon the number of publications previously received by the prisoner, or the language of the publication.
(c) Incoming publications.
(1) Incoming publications shall be delivered to the intended prisoner within 48 hours of receipt by the Department unless the prisoner is no longer in custody of the Department.
(2) Incoming publications may be opened and inspected pursuant to the procedures applicable to incoming packages.
(3) Incoming publications shall not be censored or delayed unless they contain specific instructions on the manufacture or use of dangerous weapons or explosives, plans for escape, or other material that may compromise the safety and security of the facility.
(4) Incoming publications shall only be read to ascertain if they contain material prohibited by paragraph (3) of this subdivision.
(5) Within 24 hours of a decision to censor or delay all or part of an incoming publication, the Board and the intended prisoner shall be sent written notification of such action. This notice shall include the specific facts and reasons underlying the determination and the appeal procedure.
(d) Appeal. Any person affected by a determination made pursuant to paragraph (c)(3) of this section may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and 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 deter- mination.
(3) The Board or its designee shall issue a written decision upon the appeal within five business days after receiving notice of the requested review.