Procedural Requirements for Disapproval of Outgoing Mail
Effective Nov 25, 2022Mass. Register #1483MGL c. 124, § 1(b), (c), (q) MGL c. 127, § 87Massachusetts Department of Correction
(1) When any mail, or a portion thereof, whether privileged or non-privileged, is not mailed either because it fails to successfully pass a fluoroscope examination or its contents fall as a whole or in significant part into any one of the categories listed in 103 CMR 481.14(2)(a) through (j), the inmate shall be promptly notified in writing of the following:
- (a) the reason for the refusal; and
- (b) notice that a written appeal may be submitted by the inmate to the Superintendent or designee.
- (2) The Superintendent or designee shall, within a reasonable time of the receipt of such an appeal, make a decision and notify the inmate.
- (3) Where criminal activity is suspected, in addition to the foregoing procedures, the matter shall be referred to the appropriate law enforcement agency by the Superintendent (e.g., U.S. Postal Service, Federal Bureau of Investigation, State Police, District Attorney), and the Commissioner shall be notified.