- (a) Visitation. Written policies shall allow for regularly scheduled visitation and procedures for emergency visitation. The parents or guardians of the resident shall be provided a copy of the schedule, and a registry shall be provided to document the name, address and relation to the resident of all visitors. Attorneys and their representatives may visit detained residents at any time.
- (b) Telephone. Written policies shall allow reasonable and fair access to telephones and detail the specific time, length, and other limitations on calls. The parents or guardians of the resident shall be provided a copy of the policy.
(c) Correspondence.
(1) Limitations. A resident's rights to privacy and correspondence may not be limited except when:
- (A) the staff have cause to suspect that certain correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility, or to violate state or federal laws;
- (B) communication with certain individuals is specifically forbidden by the detained resident's court ordered rules of probation or parole rules, or by the facility's rules of separation;
- (C) the resident's parents or guardian have furnished the staff a specific list of individuals who they feel should not communicate with the resident. Such incoming correspondence shall be returned unopened to the sender.
- (2) Materials and Postage. Upon request, residents shall be furnished with writing materials and postage for no fewer than two letters per week, and shall be furnished adequate postage for legal correspondence.
- (3) Forwarding Mail. The facility shall forward all mail without delay unless there is reason to believe that the correspondence is limited by the conditions outlined above. Provisions shall be made to forward mail when the resident is released or transferred.
- (4) Searches. Mail may be opened by staff only in the presence of the resident with inspection limited to searching for contraband. Money received in the mail shall be held for the resident, with receipt provided, or returned to the sender. If staff has probable cause to suspect that a letter is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility, or to violate state or federal laws, and the resident will not voluntarily give permission for staff to read the letter a search warrant shall be obtained prior to opening and reading the letter.
Source Note:The provisions of this §351.13 adopted to be effective September 30, 2002, 27 TexReg 7985.