THIS INFORMATION WAS OBTAINED FROM THE ARIZONA DEPARTMENT OF CORRECTIONS WEBSITE.

Arizona Department of Corrections

909.01 MAIL - GENERAL


1.1 The Warden or Deputy Warden shall ensure that the following procedures are followed:


1.1.1 Mail is collected at approximately the same time each work day from institution mail boxes.


1.1.2 Mail is sent to the post office within 36 hours of receipt at the institution mail room.


1.1.3 Indigent inmates are provided with domestic postage, including postage rates for Mexico or Canada, for up to three one-ounce pieces of first class mail per seven-day period.


1.1.3.1 All postage required beyond the limits cited here and all postage for inmate groups and organizations shall be at the expense of the inmate, group or organization.


1.1.4 Unauthorized property or material discovered in incoming mail is seized, the Notice To Sender Of Rejection Of Incoming Mail, Form 909-3P is completed, and the item(s)are returned to the sender at the inmate, sender or state's expense.

1.1.5 Processing and/or disposal of unauthorized/forfeited contraband items and unclaimed property discovered in outgoing mail is conducted in accordance with this Department Order.


1.1.6 Authorized magazine subscriptions shall be forwarded for a thirty day period if the inmate is still in a Department facility.


1.1.6.1 The burden of change of address notification shall rest with the inmate.


1.1.6.2 At the end of the thirty day period, the magazines shall be destroyed.


1.1.7 Catalogs and fliers shall be delivered to the inmate if addressed with the proper name and inmate ADC number.
1.1.8 Undeliverable third class mail shall be returned to the Post Office, if the Post Office will accept it. If the Post Office does not accept the undeliverable mail, it shall be destroyed/shredded and bagged by staff and placed in a dumpster or other trash container, and documented on an Information Report.


1.2 Inmates shall not handle any mail or packages, including undeliverable mail that is to be disposed of.


1.2.1 Letters that arrive without an inmate ADC number, at an institution where an inmate is no longer housed, or for an inmate who is no longer in physical custody of the Department are processed as follows:


1.2.1.1 For letters that arrive without an inmate ADC number, each institution shall have a return stamp that provides a telephone number the sender can call to obtain the inmate's number.


1.2.1.2 For letters that arrive for an inmate at an institution where the inmate is no longer housed, staff at the receiving institution shall forward the letter to the institution that currently houses the inmate.


1.2.1.3 For letters that arrive at an institution for an inmate who is no longer in physical custody of the Department, the receiving institution shall return the letter to the sender, stamped "inmate is no longer in custody."


1.2.2 An itemized list of all incoming and outgoing registered, insured and certified mail shall be maintained.
1.2.3 A permanent log, subject to periodic inspection, shall be maintained consisting of:


1.2.3.1 An itemized list of all incoming and outgoing packages, including the name and ADC number of each inmate who sends or receives a package.


1.2.3.2 The name and address of each sender and addressee.


1.2.3.3 A description of the contents of each package.


1.2.3.4 The amount of postage or the amount paid to the contract carrier for each outgoing package.


1.2.3.5 The date of the mailing or receipt of each package, expenses incurred in processing the mail, and the name of the staff member who recorded the information.


1.2.4 Stamps are sold in inmate stores only.


1.3 Inmate Mail Restrictions - Inmates may send or receive an unlimited number of letters from individuals of their choice, except:


1.3.1 Ex-inmates who are currently under supervision by the Department (excluding members of the inmate's immediate family).


1.3.2 To an inmate in a correctional institution, except those that are immediate family members.


1.3.2.1 Inmates who wish to send mail to juvenile offenders in the Arizona Department of Juvenile Corrections, or contract placements, shall first obtain approval of the Warden or Deputy Warden who shall contact the appropriate staff prior to granting such approval. (See Department Order #915, Inmate Phone Calls.)


1.3.3 The victims of the crime for which the inmate was convicted, or their families, unless approved, in writing, by the Warden or Deputy Warden. Victims may specifically request that they not receive mail from the inmate in accordance with section 909.01, 1.4 below.


1.3.4 A minor, without the consent of the minor's parents, unless the minor is legally married to the inmate, or is the inmate's own child or step-child.


1.3.5 Anyone who advises the Warden or Deputy Warden that they do not wish to receive mail from a particular inmate.


1.3.6 Anyone to whom lewd, threatening or similar offensive material has been sent by the inmate, until such person requests, in writing, that correspondence again be allowed.


1.3.7 Anyone to whom correspondence is directed with the intent to plot, scheme or conspire to defraud, or in any way to illegally solicit assistance.


1.3.7.1 Sweepstakes or contest material is not authorized for inmate possession and shall be returned to the sender or destroyed.

1.3.7.2 Inmates shall not possess lottery or games of chance items.


1.4 Victim's Request to Not Receive Mail - Victims may request not to receive inmate mail and the Department shall not knowingly forward mail addressed to any person who requests not to receive mail pursuant to this section.


1.4.1 Victims shall indicate their request on a Post-Conviction Notification Request in accordance with Department Order #1001, Inmate Release System. The completed form shall be submitted to the Offender Services Bureau's Offender Information/Release Notification Services Unit.


1.4.2 The Offender Services Bureau Administrator shall:


1.4.2.1 Acknowledge, in writing, receipt of the request and notify the Warden of the victim's request.


1.4.2.2 Ensure that Offender Services Bureau staff enter the request in the Adult Information Management System (AIMS) and that the request is tracked in accordance with the appropriate Technical Manual.


1.4.3 Wardens, including Private Prison Wardens, shall:


1.4.3.1 Advise the inmate that the request has been made and inform the inmate that sending mail to the victim, family or household members identified by the victim shall result in disciplinary action as a major rule violation. Such sanctions shall include reduction or denial of Earned Release Credits.


1.4.3.2 Ensure that staff, including mailroom and program staff, are notified of the victim's request.


1.4.3.2.1 Staff shall track requests by using AIMS or by a mechanical tracking system including the use of mailroom logs as needed.


1.4.3.3 Ensure that staff take appropriate written
disciplinary action against any inmate who is discovered to be in violation of a request not to send mail to a victim.


1.4.3.4 If notified of a violation, order a review of all of the inmate's outgoing mail to ensure that no additional mail is being sent in violation of the victim's request.

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909.02 INCOMING MAIL

1.1 Assigned staff shall open all incoming mail and inspect it for contraband. Except as provided below, no incoming mail shall be read or censored. All incoming mail, which is not from the inmate's attorney of record, a judge or court, addressed to inmates confined in a Level 4 or 5 unit, is subject to being read in its entirety or in part. In addition, the incoming mail of an inmate in any other custody level 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 other written instructions.


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


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


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


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


1.1.2.3 Mail written in code.


1.1.3 This mail may be subject to censoring or non-delivery.


1.1.4 Mail described in section 909.02, 1.1.2 shall be delivered to the inmate within 72 hours, unless it is determined that such mail is not to be delivered.


1.1.4.1 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.


1.1.5 Incoming mail that does not meet the standard described in 909.01, 1.1.2 shall be delivered according to normal institution procedures.


1.2 Incoming legislative correspondence shall be opened and inspected only in the presence of the inmate to whom it is addressed. Staff shall not read or censor this type of correspondence.


1.3 Postage stamps shall be available through commissary purchase only.


1.3.1 If mail is received containing postage stamps the mail shall be delivered to the inmate. The postage stamps shall be treated as unauthorized property and handled in accordance with Department Order 909, Inmate Mail/Property.


1.3.1.1 This Order is not applicable to Legal Mail containing self addressed stamped envelope(s) for return of mail to the Attorney of Record nor is it applicable to ASPC-Florence / Central Unit pursuant to the Gluth injunction.


1.4 Unauthorized property or materials that are to be returned to the sender shall be held in the complex or unit mail room no longer than 90 days, allowing the sender or inmate to arrange the return of items, not otherwise illegal, to persons outside the institution. The return shall be accomplished at the inmate's or sender's expense.


1.5 Inmates may receive money orders, cashier's checks or certified checks in accordance with Department Order #905, Inmate Banking/Money System, payable to "The Arizona Department of Corrections for the account of (inmate's name and ADC number) ."


1.5.1 Mail Room staff shall send a receipt to the inmate in the envelope/container from which the monetary instrument was removed and forward all money orders, cashiers checks, cash and personal checks received to the Business Office. The Business Office shall process appropriate monetary instruments to the inmate's account and return all cash and personal checks to the sender in accordance with the appropriate Department Order and/or Technical Manual.


1.6 Inmates may receive prepaid publications mailed directly from the publisher/retailer. The contents of these publications may be inspected.


1.6.1 Those inmates in a receiving status at a Diagnostic Reception Center shall be permitted to receive only newspaper publications.


1.7 If a publication contains material that is considered contraband, the publication shall be seized and processed as contraband. To be considered contraband, the publication's content shall contain one (or more) of the following elements:


1.7.1 Instructions on the manufacturing of homemade weapons, bombs, explosives or escape materials.
1.7.2 Instructions on the manufacturing of alcoholic beverages.


1.7.3 Material that constitutes a direct and immediate threat to the security, safety or order of the institution.

1.7.4 Material that is deemed obscene under applicable constitutional standards. A publication is deemed obscene when ALL of the following apply:


1.7.4.1 The average person, applying contemporary state standards, would find that the publication, taken as a whole, appeals to the prurient interest.

1.7.4.2 The average person, applying contemporary state standards, would find that the publication depicts or describes, in a patently offensive way, sexual activity as defined in this written instruction.


1.7.4.3 The publication, taken as a whole, lacks serious literary, artistic, political or scientific value.

1.8 The Operations Officer for Programs shall review publications that may be considered by staff to be obscene as outlined in Section 909.02, 1.7.4 through 1.7.4.3.


1.8.1 A non-inclusive list of potentially obscene material is automatically reviewed each month, and updated accordingly.


1.8.2 Wardens shall forward to the Operations Officer for Programs any publications that are potentially obscene as defined above.


1.9 Following each publication review, the Operations Officer for Programs shall e-mail all Wardens and Mail/Property Rooms a Notice of Result - Publication Review (see Attachment H), indicating one of the following:

1.9.1 The publication shall be allowed.


1.9.2 The publication shall be excluded because it meets the criteria as outlined in sections 909.02, 1.7 through 1.7.4.3.


1.9.2.1 The specific criteria shall be listed on the notice, detailing the specific reason(s) as to why the criteria applies to the publication.


1.10 Wardens shall:


1.10.1 If a publication is allowed, order the release of that publication.


1.10.2 If a publication is excluded, issue a hard copy of the "Notice of Result - Publication Review" to each inmate at that institution that has received or is subscribing to the publication being excluded.


1.11 If an inmate disagrees with the exclusion of a publication, the inmate shall send an Inmate Letter to the Operations Officer for Programs within 10 calendar days, outlining the disagreement.


1.11.1 The Operations Officer for Programs shall respond, in writing, to the disagreement, by either amending or upholding the previous decision.


1.11.1.1 If the Operations Officer for Programs determines that the previous decision requires amendment, a new e-mail indicating the amended decision shall be sent to all Wardens and Mail/Property Rooms.


1.11.2 The specific criteria used in either amending or upholding the previous decision shall be listed on the written response to the inmate, noting the applicable portion of the statute, and providing the specific reason(s) for allowance or exclusion of the publication.
1.11.3 The decision of the Operations Officer for Programs shall be final.


1.12 A copy of each "Notice of Result - Publication Review" shall be maintained by Prison Operations, with a copy of the notice attached to one example of each excluded publication, for two years from the publication date.

1.13 The Operations Officer for Programs shall, each month, compile a listing of publications that have been reviewed, and whether the publication was allowed or excluded.

1.14 Sexually-explicit material that is not covered up or stored by an inmate, or is displayed by an inmate in any way, shall be confiscated, and the inmate shall be subject to disciplinary action.


1.15 No one shall furnish, present, provide, make available, give, lend, show, advertise or distribute to a minor in the custody of the Department, any item, obscene or otherwise, that may be considered harmful to minors.


1.16 Inmates may receive newspaper clippings, magazine articles, cartoons or copies of material from the Internet enclosed within incoming mail. Any such items are subject to the criteria listed in 909.02, 1.6 through 1.15


1.17 Staff shall not deliver incoming bulk mail unless each piece is individually addressed to the intended recipient(s) by name and ADC number.


1.18 Staff shall deliver inmate mail within 24 hours, excluding Sunday and holidays.

1.18.1 Staff shall deliver telegrams and similarly urgent incoming mail no later than 12 hours after receipt at the institution.

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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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909.04 INTER-RELATIONS MAIL
1.1 An inmate may only send inter-relations mail to an incarcerated immediate family member. Letters shall not contain communications with/for any inmate other than those approved for inter-relations mail.


1.2 Mail to incarcerated family members shall be restricted to letters only. The transfer of funds and/or any other item is prohibited.


1.3 All inter-relations mail shall be clearly marked with the name and inmate ADC number of the sending and receiving incarcerated immediate family member.


1.4 All inter-relations mail shall be pre-approved by both the requesting and receiving Warden or Deputy Warden.

1.5 Postage shall be paid by the inmate. Indigent inmates shall be provided postage as outlined in 909.01.


1.6 The privilege to send mail to an incarcerated immediate family member is at the discretion of the Warden or Deputy Warden, and may be revoked when it is in the best interest of institutional security.


1.7 Inmates who want to send mail to an incarcerated immediate family member shall submit the request to their assigned Correctional Officer III who shall verify the relationship.


1.8 The assigned Correctional Officer III or designated staff member at the requesting institution shall:


1.8.1 Complete a Request to Communicate with an Incarcerated Family Member, Form 915-3P.


1.8.2 Verify that an immediate family relationship exists between the inmates.


1.8.3 Forward the application to the Warden or Deputy Warden for approval/disapproval.


1.8.4 Forward approved applications to the receiving institution.


1.8.5 Advise inmates of disapproved applications.


1.9 The assigned Correctional Officer III or designated staff at the receiving institution shall:


1.9.1 Confirm that the immediate family relationship exists between the inmates, and that the receiving inmate wants to correspond with the requesting inmate.


1.9.2 Disapprove the application, should the inmate not desire to correspond with the requesting inmate. The inmate shall sign the application and it shall be returned to the requesting institution.


1.9.3 Forward the application to the Warden or Deputy Warden for approval/disapproval.


1.9.4 Forward all completed applications to the requesting institution.


1.10 The assigned Correctional Officer III or designated staff at the requesting and receiving institutions shall:

1.10.1 Submit approved applications to their respective mail room for action.


1.10.2 Notify the institution and affected inmate when inter-relations mail privileges have been revoked.

1.11 Staff assigned to the mail room shall:


1.11.1 Monitor all inter-relations mail for compliance with this Department Order.


1.11.2 Maintain the following records of inter-relations mail:


1.11.2.1 All approved Requests to Communicate with an Incarcerated Family Member.


1.11.2.2 All revocations of inter-relations mail privileges made by the approving authority.


1.11.3 Enter the appropriate notation on the Adult Inmate Management System (AIMS) Offender comments screen for all approved/revoked inmates. Approval for inter-relations mail shall be transferred upon relocation to another institution.

1.12 Abuse of this privilege may subject the inmate to disciplinary action and revocation of inter-relations mail privileges.

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