Withholding of Prohibited Material

Any items that appear to be prohibited by policy will be withheld immediately and forwarded to the appointed authority other than the facility head. The appointed authority will review the material to determine if it is prohibited and should be withheld. If it is not prohibited, it will be delivered to the inmate.

If the appointed authority determines that the items should be withheld, the following steps will be taken:
1. Notify the inmate that the mail is being withheld. The notice will state accurately a description of the material to the extent possible without violating security. The notice will state specifically the reasons the material is prohibited and should be withheld.

2. The material will be held for 14 days from the date the inmate is given notice of the withholding. If the inmate does not grieve the withholding within the 14 days the material, unless it is illegal, will be returned to the sender.

3. The inmate may grieve the withholding of the mail within 14 days of the inmate receipt of the notice.

4. If the material is withheld after review by the facility head, unless it is illegal, it will be returned to the sender. The sender will be given notice of why the material was withheld. The sender will be given notice that the sender may contest the withholding by contacting the facility head, in writing, within 14 days of the date the material is sent out of the facility.

5. If the correspondence includes plans for or discussion of commission of a crime or evidence of a crime, the correspondence should be referred to appropriate law enforcement authorities. In this case no notice will be given to the inmate, and the correspondence will not be returned to the sender.

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