Procedure A: Prisoner Mail, General

1. Except as set out below, a prisoner shall be allowed to send mail to and receive mail from anyone the prisoner wishes, except that if a prisoner wishes to correspond with another person incarcerated in a juvenile or adult detention or correctional facility, the prisoner must have the approval of the Chief Administrative Officers of both facilities.

The Chief Administrative Officer of a departmental facility shall approve correspondence privileges between a prisoner and an immediate family member (spouse, natural, foster or adoptive mother, father, son, daughter, grandfather or grandmother, grandchild, brother or sister, or stepmother, stepfather, stepson, stepdaughter, step-grandfather or step-grandmother, step-grandchild or stepbrother or stepsister) who is incarcerated, unless there is a reasonable suspicion that mail between them would contain contraband or information related to criminal activity, violation of the facility’s rules, or a risk to the safety of persons, security, or orderly management of the facility or unless there is reasonable suspicion that either person has violated the mail procedures. The prisoner shall be notified of the decision in writing (Attachment A). The Chief Administrative Officer may terminate the correspondence privileges any time reasonable suspicion exists.

The Chief Administrative Officer of a departmental facility may approve correspondence privileges between other specific prisoners and may limit the subject matter of the correspondence and/or the time period of the privileges. The decision whether to allow or deny correspondence privileges is at the sole discretion of the Chief Administrative Officer. The prisoner shall be notified of the decision in writing (Attachment A). The correspondence privileges may be terminated by the Chief Administrative Officer at any time.

2. If a written request is received from an adult or guardian of an adult that a prisoner not be allowed to send mail to that adult, the Chief Administrative Officer, or designee, shall notify the prisoner, in writing, not to send mail to that person.

3. If a written request is received from a parent/guardian of a minor that a prisoner not be allowed to send mail to that minor, the Chief Administrative Officer, or designee, shall notify the prisoner, in writing, not to send mail to that person.

4. A prisoner who is adjudicated of or otherwise known to have committed a sex offense or child abuse against a minor shall not be allowed to send mail to or receive mail from the victim without the prior approval of the Chief Administrative Officer, or designee.

5. When contact between a prisoner and another person is prohibited by court order (e.g., custody order, protection order), the prisoner shall not be allowed to send mail to or receive mail from that person.

6. When contact between a prisoner and another person is prohibited by a condition of probation of either person, the prisoner shall not be allowed to send mail to or receive mail from that person. This includes any condition of probation that is currently in effect, is to become effective at a later date, or is no longer in effect as the result of a current probation revocation.

7. A prisoner may be prohibited from sending general mail to or receiving general mail from any other person by the Chief Administrative Officer, or designee, when there is reasonable suspicion that mail between them would contain contraband or information related to criminal activity, violation of the facility’s rules, or a risk to the safety of persons, security, or orderly management of the facility. A prisoner may be restricted from sending general mail to or receiving general mail from any other person by the Chief Administrative Officer, or designee, when there is a reasonable suspicion that the prisoner or other person has violated the mail procedures. Existence of a criminal record shall not, in and of itself, constitute a barrier to correspondence.

8. If mail to or from a prisoner is prohibited or otherwise restricted, the Chief Administrative Officer, or designee, shall ensure a memo is sent to all appropriate staff, with a copy to the prisoner’s Administrative Record and the housing unit Case Management Record.

9. The Chief Administrative Officer, or designee, may read all correspondence between a prisoner and a prohibited correspondent and between a prisoner and another person incarcerated in a juvenile or adult detention or correctional facility. If correspondence is allowed between the prisoner and the other person, it shall be forwarded to the addressee after being read unless there is reasonable suspicion that the correspondence contains information related to criminal activity, violation of the facility’s rules, or a risk to the safety of persons, security, or orderly management of the facility, in which case it shall be handled as set out in Procedure A.13. If correspondence is not allowed between the prisoner and the other person, after being read, it shall be handled as set out in Procedure A.13.

In addition, the Chief Administrative Officer, or designee, may read general correspondence, incoming and outgoing, when there is reasonable suspicion that the correspondence contains information related to criminal activity, violation of the facility’s rules, or a risk to the safety of persons, security, or orderly management of the facility. If the reasonable suspicion continues after the correspondence is read, it shall be handled as set out in Procedure A.13. Otherwise, it shall be forwarded to the addressee.

The Chief Administrative Officer, or designee, may not read privileged correspondence except as set out in Procedure D.

10. Only the Chief Administrative Officer, or designee, may read correspondence sent to or received by a prisoner.

11. Correspondence written in code or in a language that cannot be translated by facility staff or an interpreter shall be considered contraband and immediately be turned over to the facility Correctional Investigator or other designated staff. The fact that correspondence is written in a foreign language shall not, in and of itself, make it contraband or constitute reasonable suspicion allowing it to be read.

12. If contraband is found in incoming mail that has no substantial monetary value (e.g., contraband greeting cards, writing materials, stickers, food items, paper clips, etc.), mail or other designated staff shall immediately dispose of the item(s). If a photo is contraband merely because it depicts nudity, it shall be returned to the sender. If money sent is contraband merely because it is in the form of cash, it shall be returned to the sender and the prisoner shall be promptly notified in writing of its return (Attachment B).

If contraband is found and there is a reasonable suspicion that it constitutes evidence of criminal activity, violation of the facility’s rules or a risk to the safety of persons, security, or orderly management of the facility, the mail, including the envelope, the correspondence, the contraband item, and any other contents, shall immediately be turned over to the facility Correctional Investigator, or other designated staff. All other contraband, including official documents (e.g., birth certificates, military service records, other forms of identification, etc.), shall be handled in accordance with departmental policies and procedures, provided that if the prisoner is allowed to mail out the contraband, it must be mailed out to the sender.

13. Mail that is not to be forwarded to the addressee under the provisions of this policy and procedures shall be handled as follows.

a. If there is reasonable suspicion that the mail is related to criminal activity, violation of the facility’s rules or a risk to the safety of persons, security, or orderly management of the facility or violates a court order or condition of probation currently in effect, the mail shall be turned over to the facility Correctional Investigator, or other designated staff. The Correctional Investigator, or other designated staff, shall secure the mail as evidence for possible use in disciplinary or court proceedings, unless the Chief Administrative Officer, or designee, gives approval for the mail to be photocopied or photographed and the original to be forwarded to the addressee in order to facilitate an ongoing investigation.

b. If there is no reasonable suspicion, the mail shall be returned to the sender, if the return address can be determined from the mail itself. If the return address cannot be determined from the mail itself, it shall be disposed of, except that any cash shall be deposited into the facility’s Prisoners’ Benefit Account and any check or money order shall be disposed of unless the name of the person who signed the check or purchased the money order is readable, in which case reasonable efforts shall be made to determine that person’s address and return the check or money order to that person. The prisoner shall be promptly notified in writing of the action that has been taken. (Attachment B)

4. If the mail is secured as evidence, the prisoner shall be promptly notified in writing of the action that has been taken (Attachment B), unless the correspondence contains information related to criminal activity or violates a court order or a condition of probation currently in effect, in which case the prisoner shall not be notified without the approval of the prosecuting attorney.

a. If the mail is used as evidence in a court proceeding, its final disposition shall be determined by the prosecuting attorney.

b. If the mail is only used as evidence in a disciplinary proceeding, it shall be retained as part of the disciplinary record, unless that would create a risk to safety or security (e.g., it contains drugs) or unless it is not possible to do so (e.g., it contains food), in which case the mail shall be disposed of in accordance with departmental policies and procedures. A photo shall be taken of the mail, including the envelope and all of the contents, prior to its disposal and the photo shall be retained in the disciplinary record.

c. If the mail is not used as evidence and the investigation has been completed, the mail shall be forwarded to the prisoner, unless that would create a risk to safety and security (e.g., it contains an escape plan) or unless it is not possible to do so (e.g., it contains food) in which case the mail shall be handled in accordance with departmental policies and procedures.

15. If, in any case, there is a reasonable suspicion that any piece of incoming or outgoing mail (whether opened or unopened) itself creates a risk to the safety of persons (e.g., appears to contain a powdery substance), the facility Correctional Investigator or other designated staff shall be immediately notified and the prisoner shall not be notified without the approval of the prosecuting attorney.

16. Unless prohibited under Procedure E.1., a prisoner may receive originals or photocopies of announcements of significant family events, e.g., birth, graduation, engagement, marriage, or death, the prisoner’s health care, educational, financial, governmental, or similar documents as approved by the Chief Administrative Officer, or designee, and material that primarily discusses religious, legal (e.g., court cases, statutes, constitutional provisions, etc.), or political (referendum or election related) subject matter.

17. Unless prohibited under Procedure E.1., a prisoner may receive material downloaded from the internet or from computer software that primarily discusses religious, legal (e.g., court cases, statutes, constitutional provisions, etc.), or political (referendum or election related) subject matter.

18. Prisoners may not receive any other original, photocopied or downloaded materials. Mail or other designated staff shall immediately dispose of any of the prohibited items.

19. Prisoners may receive correspondence written on a word processor.

20. Mail shall be inspected for contraband and distributed to prisoners within twenty-four (24) hours of its delivery to the facility, excluding weekends and holidays, unless it is being withheld for review under Procedure E.1. or for reading or has been turned over to the Correctional Investigator or other designated staff to be secured as evidence. Mail shall be collected from prisoners every day, excluding weekends and holidays. Unless mail is being withheld for reading or has been turned over to the Correctional Investigator or other designated staff to be secured as evidence, it shall be mailed within twenty-four (24) hours of its collection, excluding weekends and holidays, with the exception that if mail is accompanied by a money transfer, it shall be mailed within three (3) business days. Mail shall not be withheld any longer than is necessary for review under Procedure E.1. or for reading unless it is secured as evidence. If a prisoner is temporarily out of the facility (e.g. in court or in a hospital), incoming mail shall be held in a secure location until the prisoner’s return.

21. There shall be no limit on the amount of incoming mail a prisoner is allowed, provided the mail, other than magazines, newspapers and books, is stored in the folders provided by the facility as outlined in Policy 10.1, Prisoner Allowable Property.

22. There shall be no limit on the amount of outgoing mail a prisoner is allowed to send, provided the prisoner has sufficient funds to pay for postage.

23. Each facility shall operate a mailroom or designate another area for the processing of mail that is received at or sent from the facility. Staff shall be responsible for processing all mail, incoming and outgoing. Prisoners may only send mail through the U.S. Postal Service and processed by the facility. Prisoners may only receive mail through the U.S. Postal Service or other recognized mail delivery service.

24. Prisoners shall be responsible for notifying their correspondents of all requirements outlined in this policy and procedures specific to incoming mail. Prisoners shall also be responsible to notify their correspondents if any limits are placed on incoming mail.

25. Procedures that govern correspondence with prisoners shall be reviewed and updated as required but at least annually.

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