(a) Incoming or outgoing resident mail, electronic messages, magazines, books, or packages that meet any of the following criteria shall be withheld:
- (1) Descriptions or depictions of procedures for the construction or use of weapons, ammunition, bombs, incendiary devices, or other items that might constitute a security hazard;
- (2) Materials that depict, encourage, or describe methods of escape from correctional facilities, or contain blueprints, drawings, or similar descriptions of locking devices of penal institutions, and other materials that might assist in the planning or execution of an escape;
- (3) Descriptions or depictions of procedures for brewing alcoholic beverages, or the use, procurement, or manufacture of drugs, and drug paraphernalia;
- (4) Material that violates postal regulations, makes unlawful threats, or attempts at blackmail or extortion;
- (5) Material that contains contraband as defined by other federal or state law or regulation;
- (6) Photographs, pictures, or videos of partially nude children, or adult visitors, or which contain an image where the head is cropped or obscured, making the age determination of the subject indeterminable;
- (7) Publications containing explicit descriptions, advertisements, or pictorial representations of sexual acts that include penetration, bestiality, or sex involving children;
- (8) Correspondence between a resident, current probationer or parolee or supervisee of any other correctional department, institute or jail without the permission of the chief administrator of each facility or his or her designee;
- (9) Documents written in code or instructions on how to write in code, including the use of emoji;
- (10) Descriptions or depictions that encourage activities which may lead to the use of physical violence, group disruption, or security threat group activity;
- (11) Materials that encourage or instruct in, the commission of criminal activities or are in violation of the rules of conduct for residents;
- (12) Material pertaining to gambling or facilitation of a lottery;
- (13) Unauthorized solicitation of gifts, goods, or money from persons other than the family of the resident;
- (14) Correspondence constituting or contributing to the conduct or operation of a business, except correspondence necessary to protect the property or funds of the resident during confinement or for educational purposes;
- (15) Contents that would, if transmitted, create a clear and present danger of violence and physical harm to persons or property, or severe psychiatric or emotional disturbance to a resident;
- (16) Material or correspondence that relates to resident or prison organized groups or unions;
- (17) Security threat group correspondence or materials;
- (18) Obscene material as determined and defined by the LRC, the commissioner, or a court of law;
- (19) Resident to resident mail except as authorized by the warden, director or designee; and
- (20) Materials that may jeopardize institutional security.
- (b) When incoming mail or packages, other than bulk or, third or fourth class is rejected for any reason, the originator if readily identifiable shall be notified that the letter or package was rejected by the respective mail or property room staff.
- (c) All notices of rejected, non-processed, or un-forwarded mail or packages shall be in writing and shall specifically cite the reason(s) for the rejection or non-processing.
- (d) Any material provided to investigative agencies shall be handled and processed as physical evidence in accordance with applicable laws, rules, and regulations.
- (e) Residents may request one copy of the existing “Withheld Mail Log” entries pertaining to them for a particular date or timeframe at his or her own expense. The log shall be maintained in the mailroom for a minimum of 60 days. Thereafter, the log shall be archived.
- (f) All mail or electronic messages shall be withheld from residents on suicide watch. Non-privileged mail shall be placed in the resident’s personal property. Privileged mail shall be logged into the Legal Mail Log where it shall be noted that the resident was unable to sign for it. Privileged mail shall then be held in the facility property room.
Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21