37 Tex. Admin. Code § 380.9315 - Youth Mail
(a) Purpose. The
purpose of this policy is to promote open mail communication for youth in
residential facilities and to establish limitations on youth mail only as
necessary to provide for safety and security and to prevent the introduction of
contraband.
(b) Applicability. This
rule applies only to youth in residential facilities operated by the Texas
Juvenile Justice Department (TJJD).
(c) Definitions. As used in this rule, the
following terms have the following meanings.
(1) Contraband--Has the meaning assigned by
§
380.9107 of this title.
(2) Family Member--Father, mother, sibling,
step-relationship to any of the preceding, grandparent, or spouse. Family
member may also include other relatives as approved by the executive director
or designee on a case-by-case basis.
(3) General Correspondence--Written
correspondence, other than special or legal correspondence, that is addressed
to or from a youth and that is deposited for delivery in a regular postal
service. General correspondence also includes any other item contained in the
envelope or package.
(4) Legal
Correspondence--Correspondence mailed directly from or to:
(A) an attorney representing the youth or
from whom the youth is seeking representation (includes an attorney on a civil
or criminal case);
(B) a court;
or
(C) a legal
organization.
(5)
Special Correspondence--Correspondence mailed directly from or to the following
persons:
(A) TJJD board members, TJJD
administrators, employees of the TJJD Office of Inspector General, or other
TJJD investigators;
(B) employees
of the Office of the Independent Ombudsman for TJJD;
(C) government officials, including elected
officials, law enforcement officials, and staff at embassies and consulates;
or
(D) a member of the editorial or
reporting staff of any newspaper, magazine, radio station, or television
station listed in a major media directory.
(d) General Provisions.
(1) Youth have the right to communicate
through the mail with persons or organizations subject only to limitations
established by this policy.
(2)
Money sent by mail to a youth is handled in accordance with §
380.9931 of this title.
(3) Youth may receive magazines or other
publications that are not considered contraband.
(4) All mail is inspected for contraband.
(A) Incoming general correspondence is opened
and inspected for contraband outside the youth's presence. Outgoing general
correspondence is inspected for contraband prior to sealing.
(B) Incoming special and legal correspondence
is opened and inspected for contraband in the youth's presence. Outgoing
special and legal correspondence is inspected for contraband in the youth's
presence prior to sealing.
(5) Legal and special correspondence is not
read unless it contains contraband and is used as evidence.
(6) Incoming and outgoing general
correspondence may be read outside the youth's presence.
(7) General and special correspondence that
is abandoned following a youth's unauthorized departure may be read to aid in
the youth's apprehension.
(8) Mail
may not be withheld or otherwise censored unless the mail:
(A) contains contraband;
(B) refers to past criminal acts that have
not been adjudicated or dismissed;
(C) refers to ongoing or future criminal
acts;
(D) presents a direct threat
the safety or security of the facility or youth;
(E) is sent to or received from a person on
the prohibited mail list, as described in subsection (g) of this section;
or
(F) is received from a person
who has been issued a notice of stopped mail, as described in subsection (h) of
this section.
(9)
Outgoing youth mail must have a return address listing:
(A) the youth's name and TJJD
number;
(B) Texas Juvenile Justice
Department; and
(C) the name and
address of the youth's current facility.
(e) Mail Containing Contraband or References
to Criminal Acts. If mail contains contraband or refers to a criminal act, the
entire package or letter and all its contents are seized.
(1) If the mail will be used as evidence,
TJJD staff members follow established chain-of-custody procedures.
(2) If the mail will not be used as evidence,
any contraband is removed and the mail is delivered, unless another provision
of this policy limits or prohibits delivery of the mail.
(3) Any contraband is disposed of in
accordance with §
380.9711 of this title.
(f) Mail That Presents a Direct
Threat. If mail presents a direct threat to the safety or security of the
facility or youth, censorship of the mail may include, but is not limited to,
withholding delivery of the mail.
(g) Prohibited Mail.
(1) Youth are prohibited from corresponding
with:
(A) a person who objects to receiving
mail from the youth;
(B) a minor
whose parent or guardian has objected to the correspondence;
(C) a person who has been identified by the
youth's parent or guardian as someone who should not correspond with the youth,
unless that other person is a family member, legal correspondent, or special
correspondent (this provision applies only to TJJD youth under age
18);
(D) an inmate of a jail or
prison, unless the inmate is a family member;
(E) a youth under TJJD jurisdiction, unless
the youth is a family member; or
(F) anyone, including victims, whom the youth
is prohibited from contacting as a result of a court order.
(2) The executive director or
designee may make exceptions on a case-by-case basis regarding individuals
permitted to correspond with youth, based on whether it is in the youth's best
interests to correspond with the individual.
(3) Incoming mail from a person listed in
paragraph (1) of this subsection will be returned to the sender if a return
address is present or returned to the post office as undeliverable if a return
address is not present, unless another provision of this policy limits or
prohibits the return of the mail.
(4) Outgoing mail to a person listed in
paragraph (1) of this subsection will be returned to the youth, unless another
provision of this policy limits or prohibits the return of the mail.
(h) Stopped Mail.
(1) The executive director or designee may
issue a notice of stopped mail when a person who is eligible to correspond with
a youth attempts to:
(A) send contraband to a
youth that would be a violation of law or that creates a safety or security
risk; or
(B) send mail that
presents a threat to the safety or security of the facility or youth.
(2) When a notice of stopped mail
has been issued:
(A) all future mail from the
sender will be returned, regardless of content; and
(B) the youth is provided a copy of the
notice.
(3) The notice
of stopped mail must specify a time period of up to six months, after which the
person may resume correspondence with the youth.
(i) Review Procedures for Returned Mail,
Withheld Mail, and Stopped Mail.
(1) Youth
must be notified in writing of incoming mail that is returned to the sender,
outgoing mail that is not deposited for delivery, and any mail that is
withheld. The notice must describe the mail and the reason(s) it was not
delivered in sufficient detail to permit effective use of the youth grievance
process.
(2) Senders of incoming
mail that is returned or withheld must be notified of the action in writing and
may request the reason(s) the mail was not delivered. TJJD writes or stamps on
the envelope the reason for any returned mail or the telephone number to
contact for this information.
(3) A
youth or a person corresponding with a youth who has had his/her mail returned
or withheld or who received a notice of stopped mail may request a review of
the action by filing a grievance under §
380.9331 of this title.
(j) Postage and Time of Delivery.
(1) There is no limit on the number or length
of incoming or outgoing letters. TJJD provides each youth with postage and
stationery for at least three one-ounce domestic letters per week. Additional
postage and stationery are provided for letters to attorneys or courts, as
needed.
(2) Delivery of incoming
and outgoing mail may not be delayed any longer than is reasonably necessary to
accomplish the purposes established by this policy.
(3) First-class letters and packages are
forwarded to:
(A) a youth's assigned placement
following the youth's transfer, transition, or release; or
(B) a youth's address on file following the
youth's discharge.
Notes
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