Ga. Comp. R. & Regs. R. 125-3-3-.09 - Limitations

Current through Rules and Regulations filed through April 4, 2022

(1) When abuses specified in Rule 125-3-3-.07(b),(c), and (e) of the mail privilege have been found, the Warden/Superintendent may prohibit further correspondence by the inmate with the person to whom the offending material is directed. Removal for abuses (a) and (d) shall be authorized only in accordance with paragraph (2) of this Rule.

(2) Where a Warden receives a complaint from a person with whom the inmate has been corresponding and where termination of the correspondence is requested, the Warden shall notify the inmate of said person's desire and inform the inmate that further correspondence with the individual shall end.

(3) The Warden shall maintain a list of persons with whom the inmate may no longer correspond as a result of action taken under paragraph (1) and/or (2) of this Rule.

(4) Where an inmate has been prohibited from corresponding with a person as a result of action taken pursuant to paragraph (1) and/ or paragraph (2) of this Rule, he may at any time apply to the Warden, in writing, for reinstatement of the privilege to correspond with the person. If reinstatement is denied, the inmate shall be informed in writing of the reason for denial. Application for reinstatement may be made only once within any sixty day period. When consideration of reinstatement is made of a person removed from the correspondence privilege under the provisions of paragraph (2) of this Rule, the Warden or his representative shall communicate with the person making the original complaint to determine if resumption of correspondence is desired.

(5) When any mail has been rejected or not forwarded to the addressee pursuant to the foregoing rules, the inmate shall be immediately notified of that fact in writing. The notice shall identify the correspondent, shall specify the date received at the institution and identify the reason for rejection or non-forwarding.

(6) Unauthorized items enclosed within a letter or package addressed to an inmate shall be removed and processed in accordance with standard operating procedures promulgated by the Commissioner. The letter or package shall be forwarded to the inmate and a record made of the identity and disposition of the items removed.

Notes

Ga. Comp. R. & Regs. R. 125-3-3-.09

Ga. Constitution 1982, 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-14, 42-5-53, 42-5-55, 42-10-2.

Rule entitled "Limitations" adopted as R. 415-3-3-.09. F. Nov. 14, 1984; eff. Dec. 4, 1984. Rule of same title renumbered as Rule 125-3-3-.09. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency. Amended: F. July 16, 2002; eff. August 5, 2002.