909.03 OUTGOING MAIL

1.1 Inmates who send mail shall:


1.1.1 Be sure that outgoing mail bears their name, ADC
number and full return address, including "Arizona State Prison" (no abbreviations are permitted).

1.1.1.1 Institution mail room staff shall return mail lacking this information to the sending inmate, if known, for a correction.


1.1.1.2 If the inmate is not known, the article shall be held in a "Dead Letter" repository for 90 days, pending claim. If no claim is made, the article shall be processed as unclaimed property.


1.1.2 Include "Arizona State Prison" in the return address on the envelope, postcard or package.


1.1.2.1 No abbreviations are permitted.


1.1.2.2 Staff shall return any outgoing mail that does not bear this information to the sending inmate.


1.1.3 Prepare their mail so that it conforms to postal laws and regulations.


1.1.4 Seal outgoing mail and place it in locked mailboxes that are located throughout the institution or in other areas designated by the Warden or Deputy Warden. Mail shall be collected at approximately the same time each work day, except on weekends and holidays, and shall be delivered to the mail room for processing.


1.2 Except as provided for below, staff who handle or process inmate mail may inspect for contraband but shall not read or censor, mail being sent to:


1.2.1 The inmate's attorney of record, a judge or court


1.2.2 The inmate's immediate family (wife, husband, children, parents, grandparents, step-children and step-parents)


1.2.3 Publisher or editor of a newspaper, news magazine or periodical of general distribution, national or international news service or to the station manager of any radio or television station


1.2.4 The Director or Deputy Director(s) of the Arizona Department of Corrections (shall not be inspected)


1.2.5 Elected or appointed public officials


1.3 Staff shall not stamp or mark the contents of outgoing mail, rather, the envelope or box shall be stamped or marked as having been inspected and resealed prior to mailing.


1.4 Staff may censor up to 10% of outgoing mail except as outlined above.


1.4.1 Standards for Censorship; contents of censored mail may be returned to the inmate, retained by the institution or deleted from the mailing (the balance of which shall be mailed) when the contents or communications:


1.4.1.1 Would or might pose a direct and immediate threat to the security, safety or order of the institution


1.4.1.2 Are obscene under applicable constitutional standards


1.4.1.3 Would or might substantially hinder efforts to treat or rehabilitate the inmate


1.4.1.4 Would otherwise constitute a violation of the Hook Decree correspondence regulations or the institution's disciplinary rules and regulations


1.4.2 All censored correspondence will be stamped appropriately on the inside flap of the envelope

1.4.3 All uncensored correspondence will be stamped appropriately on the inside flap of the envelope to signify that it has been "inspected"


1.4.4 Pertinent information obtained shall be shared between the Warden, Deputy Warden, and the local Criminal Investigations Unit Supervisor.

1.5 Inspections and Investigations (I&I) Division staff shall:


1.5.1 Retain the censored portion of any outgoing mail during any investigation, and then return it to the sender.

1.5.2 Stamp the uncensored portion of any censored mail to indicate that portions of the mail were censored, and mail it to the recipient unless doing so would interfere with an ongoing investigation.


1.6 All outgoing mail which is not to the inmate's attorney of record, a judge or court, from inmates confined in a Level 4 or 5 unit, is subject being read in its entirety or in part. In addition, the outgoing mail of an inmate in another level unit may be read if there is a reasonable belief that the inmate is using the mail to further a crime or circumvent Department regulations or written instructions.


1.6.1 Unless there is a legitimate correctional concern relating to security, safety, criminal activity or a threat to the orderly operation of the prison, the contents of correspondence shall not be revealed to any other person.


1.6.2 Outgoing mail that is read by staff and is determined to be detrimental to the security of safe operation of the institution, that might impede the protection of the public or facilitate criminal activity may be refered to the Criminal Investigations Bureau for further action. Such mail may include:


1.6.2.1 Mail with content that describes or encourages activities which may lead to the use of physical violence.


1.6.2.2 Mail containing information involving escape plots, plans to commit illegal activities or to violate Department or Institution regulations or other written instructions.


1.6.2.3 Mail written in code.


1.6.3 The Department may censor the item or determine not to mail the item.


1.6.4 Mail described in section 909.03, 1.6.2 shall be delivered to the inmate within 72 hours, unless it is determined that such mail is not to be delivered.


1.6.4.1 If the mail is not be delivered to the inmate, the inmate shall be notified of such within 72 hours, unless doing so interferes with an ongoing investigation.


1.6.5 Incoming mail that does not meet the standard described in 909.02, 1.6.2 shall be delivered according to normal institution procedures.

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