 Outgoing/Incoming Privileged Correspondence
Procedure D: Outgoing/Incoming Privileged Correspondence
1.Privileged correspondence
Privileged correspondence is correspondence concerning a legal matter or official government business involving a prisoner between that prisoner and any of the following:
a. Attorneys;
b. Judges and Clerks of Court;
c. Federal, State, Tribal and Local Government Agency Officials, including Department of Corrections officials;
d. Elected Government Officials; and
e. Legal advocacy organizations, including, but not limited to, American Civil Liberties Union, Maine Equal Justice Partners, Maine Civil Liberties Union, Disability Rights Center, and NAACP Legal Defense Fund.
2. Outgoing Privileged Correspondence
a. Outgoing privileged correspondence shall meet the same requirements as outgoing general correspondence except that the words "Privileged Mail" or "Legal Mail" shall be written by the prisoner on the front of the envelope.
b. Mail or other designated staff shall handle outgoing privileged correspondence in the same manner as outgoing general correspondence, except that it may not be opened without the prisoner being present, unless it is necessary to open the correspondence for the sole purpose of determining the identity of the prisoner who sent it. Outgoing privileged mail may be opened and inspected when the Chief Administrative Officer, or designee, has a reasonable suspicion that the mail contains contraband or is otherwise in violation of this policy and procedures but only in the presence of the prisoner.
c. A prisoner without funds (on his/her facility account and on a facility debit card) at the time the mail is forwarded shall be provided free postage for outgoing privileged correspondence. If the Commissioner of Corrections, or designee, determines that a prisoner has abused this free postage privilege (e.g., by manipulating the funds in his/her account, marking mail as privileged when it is not, or sending excessive amounts of mail using this free postage privilege), the Commissioner, or designee, may suspend the prisoner’s access to free postage for privileged mail for up to ninety (90) days.
d. Outgoing privileged correspondence may only be read by the Chief Administrative Officer, or designee, or other action may be taken with respect to outgoing privileged correspondence, only if, after consultation with the Department’s legal representative, it is determined that there is probable cause to believe that the correspondence is being used to plan or conduct criminal activity, e.g. contains threats, obscene language or pictures, or escape or assault plans. All reading of privileged correspondence shall occur in the prisoner’s presence.
3. Incoming Privileged Correspondence
a. Incoming correspondence shall be treated as privileged only if it is in an official envelope with a verifiable return address.
b. Mail or other designated staff shall handle incoming privileged correspondence in the same manner as incoming general correspondence, except that it may not be opened without the prisoner being present, unless the incoming privileged correspondence is from a Department of Corrections official (other than the Chief Advocate), in which case it may be opened outside the presence of the prisoner. If incoming privileged mail is inadvertently opened outside the presence of the prisoner, that shall be so noted on the envelope and an entry shall be made in a mail log.
c. Mail or other designated staff shall open and inspect the privileged correspondence with the prisoner present to check for checks, money orders, or contraband. If checks or money orders are found, they shall be removed and credited to the prisoner’s account. If contraband is found, it shall be removed and handled in accordance with Procedure A.12.
d. Mail or other designated staff shall ensure that a prisoner receiving privileged correspondence signs for its receipt, unless the incoming privileged correspondence is from a Department of Corrections official (other than the Chief Advocate), in which case it may be opened outside the presence of the prisoner.
e. Incoming privileged correspondence may only be read by the Chief Administrative Officer, or designee, or other action may be taken with respect to incoming privileged correspondence, only if, after consultation with the Department’s legal representative, it is determined that there is probable cause to believe that the correspondence is being used to plan or conduct criminal activity, e.g., contains threats, obscene language or pictures, or escape or assault plans. All reading of privileged correspondence shall occur in the prisoner’s presence.
__________________ The pessimist complains about the wind;
the optimist expects it to change; the realist adjusts the sails.
William Arthur Ward
Last edited by Skye; 03-04-2008 at 11:57 PM.
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