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Old 03-04-2008, 11:55 PM
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Procedure E: Publications

1. Only magazines, newspapers or books sent from publishers or commercial distributors may be received by prisoners. If a magazine, newspaper, or book is received from other than a publisher or commercial distributor, the prisoner shall be promptly notified in writing (Attachment C) and the publication shall be immediately disposed of. Prisoner access to these publications shall be prohibited only when the Chief Administrative Officer, or designee, determines that:

a. The publicationconstitutes a threat to safety, security, or the orderly management of the facility;

b. The publication contains sexually explicit material which, by its nature or content, poses a threat to the orderly management of the facility;

c. The publication facilitates criminal activity; or

d. The publication is substantially detrimental to a prisoner’s rehabilitation, e.g. a sex offender receiving magazines containing pictures of children in underwear or otherwise not fully clothed.

2. For the purposes of this policy, any material which depicts or describes nude children, material which depicts or describes sexual acts between persons of the same sex or with animals or children (sexual acts include: any act between 2 persons involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other; any act between a person and an animal being used by another person which act involved direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and genitals of the other; or any act involving direct physical contact between the genitals or anus of one and an instrument or device manipulated by another person when that act is done for the purpose of arousing or gratifying sexual desire) or material which is sadomasochistic, material depicting or describing the use or manufacture of drugs, alcoholic substances, firearms, explosives, other weapons, security systems, or skills, implements, or other information which could reasonably be used to effect escape or cause harm or injury to persons or property, material related to gangs or gang activities, or material which promotes hate, violence or bias is prohibited. Other materials may also be prohibited as directed by the Chief Administrative Officer, or designee.

3. If any part of the publication is found to be unacceptable by the Chief Administrative Officer, or designee, the prisoner shall be promptly notified in writing (Attachment C) and the entire publication shall be immediately disposed of.

4. Prisoners may not receive commercial junk mail, regardless of postage class, including, but not limited to, commercial catalogs, commercial advertisements, solicitations for commercial products or services, including subscriptions, solicitations for pen pals, and club membership offers, e.g., CD music clubs, book clubs, etc. Mail or other designated staff shall immediately dispose of any incoming mail consisting of any of these items. Unless prohibited under Procedure E.1., prisoners may receive mail, with a verifiable name and verifiable return address, regardless of the postage class, that primarily discusses religious, legal (e.g., court cases, statutes, constitutional provisions, etc.), or political (referendum or election related) subject matter, including, but not limited to, religious, legal, political catalogs, brochures, fliers, pamphlets and solicitations for subscriptions for such materials.
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