N.H. Admin. Code § Cor 301.05 - Mail

(a) A departmental employee shall be designated as the mail supervisor for each facility.

(b) All outgoing mail from persons under departmental control and patients of the secure psychiatric unit, with the exception of privileged mail, shall be sent to the mailroom unsealed. The mail staff shall be authorized to inspect letters for contraband, escape plans, or other violations of statutes or standards of behavior. Mail which contains such items shall not be delivered.

(c) Incoming mail for persons under departmental control and patients of the secure psychiatric unit shall be scanned to separate privileged correspondence. The mail staff shall inspect the non-privileged correspondence for any contraband or prohibited material, as listed below in (j), and remove checks and money orders. All checks and money orders shall contain the full name and address of the sender in clearly legible text. Checks and money orders shall be turned over to the accountant who handles persons under departmental control or patient accounts to be credited to the persons under departmental control and patient's personal deposit account. Contraband items or prohibited material discovered in the mail shall not be delivered and shall be returned to the sender or destroyed as indicated by the persons under departmental control. Illicit items or substances shall be seized and referred to appropriate law enforcement authorities.

(d) Packages shall be logged in by staff and then inspected or forwarded to the property staff for inspection. Only items in the quantities shown in the handbook for persons under departmental control or patients of the secure psychiatric unit shall be delivered to the persons under departmental control or patients of the secure psychiatric unit. Items which persons under departmental control or patients of the secure psychiatric unit are not authorized to have in their possession or items in excess of authorized allowances established for persons under departmental control or patients of the secure psychiatric unit in departmental policy or contained within the handbook for persons under departmental control or patients of the secure psychiatric unit shall be returned to the sender or otherwise disposed of as requested by the person under departmental control or patient of the secure psychiatric unit involved. Hobby craft supplies and similar items received in the mail shall be delivered to the staff person responsible for hobby craft or the particular special activity involved for inspection and delivery to the persons under departmental control or patients of the secure psychiatric unit.

(e) Privileged mail shall consist of correspondence with public officials, including any elected state or federal official or any appointed head of a state or federal agency, courts, attorneys, medical offices or law-enforcement agencies.

(f) All privileged mail shall be completely confidential and shall be clearly marked on the front as "PRIVILEGED". Outgoing privileged mail shall be handled without interference, inspection, reading, or opening. It shall leave the possession of the person under departmental control or patient of the secure psychiatric unit sealed and shall be delivered sealed. Incoming privileged mail shall be opened and inspected for contraband only in the presence of the person under departmental control or patient of the secure psychiatric unit pursuant to Cor 306.04. When the author of either inbound or outbound mail is in doubt, such items shall be brought to the attention of the department's investigations bureau prior to delivery or returning the mail to the sender.

(g) Non-privileged mail shall consist of correspondence except that as described as privileged in (e), above.

(h) Non-privileged mail both incoming and outgoing shall be subject to inspection.

(i) Non-privileged mail, both incoming and outgoing, written in languages other than English, may be subject to translation.

(j) Non-privileged mail shall be rejected if it includes any of the following types of information or information pertaining to any of the following activities:

(1) Descriptions or depictions of procedures for the construction or use of weapons, ammunition, bombs, or incendiary devices;

(2) Materials that depict, encourage, or describe methods of escape from correctional facilities, or which contain blueprints, drawings, or similar descriptions of locking devices of penal institutions;

(3) Descriptions or depictions of procedures for the brewing of alcoholic beverages, or the manufacture of drugs or drug paraphernalia;

(4) Any material that violates postal regulations, makes unlawful threats, or attempts blackmail or extortion;

(5) Any material which contains contraband as defined by RSA 642:7, RSA 622:24, Cor 306, or Cor 301.05;

(6) Photographs or pictures of any partially nude children, adult visitors, or prospective visitors;

(7) Publications containing explicit descriptions, advertisements, or pictorial representations of sexual acts that include penetration, bestiality, sadomasochism, bondage, or sex involving children;

(8) Sexually explicit material that has no scholarly, medical, or artistic value or would be detrimental to treatment, or which would encourage or educate persons under departmental control or patients of the secure psychiatric unit in unlawful sexual practices;

(9) Correspondence between persons under departmental control or a patient of the secure psychiatric unit and supervisees of any other correctional institute or jail without the permission of the chief administrator of each facility;

(10) Documents written in code or instructions on how to write in code unless religious in nature;

(11) Descriptions or depictions which encourage activities which lead to the use of physical violence, group disruption, or strategic threat group activity;

(12) Materials that encourage, or instruct in, the commission of criminal activities or violation of standards of behavior of persons under departmental control or patients of the secure psychiatric unit;

(13) Any materials pertaining to gambling or facilitation of a lottery;

(14) Solicitation of gifts, goods, or money from persons other than family of the person under departmental control or patient of the secure psychiatric unit;

(15) Correspondence constituting or contributing to the conduct or operation of a business, except correspondence necessary to protect the property and funds of the person under departmental control or patient of the secure psychiatric unit during confinement;

(16) 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 person under departmental control or patient of the secure psychiatric unit;

(17) Any material or correspondence that relates to prison organized groups or unions;

(18) Security threat group correspondence or materials; and

(19) Obscene material as determined and defined by the literary review committee, the commissioner, or a court of law.

(k) Material that is not sexually explicit and covers issues related to gender identity status, that is, lesbian, gay, bi-sexual, transgender, intersex, or questioning, shall be allowed.

(l) Material shall not be rejected solely because its content is religious, philosophical, political, social, sexual, unpopular, or repugnant.

(m) In cases where mail is rejected the following shall apply:

(1) When outgoing mail is not processed in the normal manner the person under departmental control or patient of the secure psychiatric unit involved shall be notified that his or her mail was not forwarded and the reason for that action;

(2) When incoming mail is rejected the originator of incoming mail shall be notified that the letter was rejected; and

(3) The originator of either inbound or outbound mail may protest the action taken on the mail to the chief administrator of the facility. The final decision shall be made by the chief administrator of each facility with the originator retaining the right to appeal to the commissioner via US Mail.

Notes

N.H. Admin. Code § Cor 301.05

(See Revision Note at chapter heading for Cor 300) #7448, eff 2-6-01; ss by #9383, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9508, eff 7-8-09

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12396, Effective 9/29/2017, Expires 3/28/2018. Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12502, Effective 3/23/2018, Expires 3/23/2028.