Utah Admin. Code R251-705-3 - Standards and Procedures
(1) Inmate mail
procedures shall comply with:
(a) the
Constitution;
(b) the Laws of the
United States;
(c) the
Constitution;
(d) the laws of the
state; and
(e) the authorized
written policies and procedures of the Department.
(2) Inmates shall be permitted to send and
receive mail while in custody of the Department in the manner defined by this
rule.
(3) Inmate mail regulations
shall further the legitimate interests of UDC and balance UDC's interest with
those of the general public and inmates.
(4) Mail received for inmates at the USP
shall be delivered to the USP Mail Unit for processing and:
(a) shall be opened and inspected;
(b) may be read at the discretion of the
Department;
(c) may be photocopied
when such copying is reasonably related to the furtherance of a legitimate
Department interest;
(d) may be
refused, denied, or confiscated where reasonable cause exists to believe the
contents may adversely impact the safety, security, order, or treatment goals
of the Department;
(e) may be used
as evidence in criminal, civil, or administrative trials or hearings;
(f) is entitled to no expectation of
privacy;
(g) all forms of nuisance
contraband shall be confiscated and disposed of without notice or opportunity
for appeal; and
(h) shall be
delivered to inmates without unreasonable delay.
(5) Catalog purchases other than through the
DPO Commissary catalog are not authorized and catalogs may not be accepted
through the mail, except when sent 1st or 2nd class or from a legal, school,
religious, or government printing office.
(6) Staff-to-inmate mail may not be sent in
"Inter or Intra-department Delivery" envelopes, but in regular mailing
envelopes.
(7) Outgoing inmate mail
and inmate inter or intra-department mail shall be deposited in the housing
units' outgoing mail depository, picked up by USP Mail Unit staff, and
delivered to the USP Mail Unit for processing.
(8) An inmate may not direct nor establish a
new business through the mail unless authorized by the Warden of the
facility.
(9) An inmate who
corresponds concerning a legitimately held business, shall correspond through
their attorney or a party holding a power of attorney.
(10) An inmate is not authorized to establish
credit transactions through the mail while confined unless authorized by the
Warden of the facility.
(11) Fund
raising by inmates for personal gain is prohibited.
(12) Envelopes received by the USP Mail Unit
displaying threatening, negative gestures or comments, extraneous materials, or
grossly offensive sexual comments, shall be confiscated, declared contraband,
placed into evidence, and the inmate shall receive disciplinary
action.
(13) The publisher-only
rule shall govern the receipt of all incoming books, audio media, magazines,
and newspapers.
(14) Certain types
of mail are entitled to constitutionally protected confidentiality, or
privilege; accordingly, this privilege prohibits qualifying correspondence
material from being read without cause by staff.
(15) Incoming privileged mail :
(a) shall be inspected, but only in the
presence of the inmate addressee;
(b) may not be perused;
(c) may not be photocopied; and
(d) may be denied only for reasonable cause
and upon instruction of the DPO Director or their designee.
(16) Outgoing privileged mail :
(a) shall be inspected only when there is
reasonable cause to believe that the correspondence:
(i) contains material that would
significantly endanger the security or safety of the Institution; or
(ii) is misrepresented as legal
material.
(b) shall only
be inspected in the presence of the inmate sender;
(c) shall not be perused;
(d) shall not be photocopied;
(e) may only be denied for a reasonable
cause , and upon instruction of the DPO Director or their designee;
and
(f) from an inmate that cannot
be identified, shall be forwarded to the deputy warden who supervises the mail
unit, or their designee, who will make a determination of the
disposition.
(17) All
inmate inter or intra-departmental mail shall be processed through the USP Mail
Unit.
(18) Inmate-to-inmate
correspondence may not be permitted, unless:
(a) there is a compelling justification for
an exception;
(b) there is no
alternate means of accomplishing that compelling need; and
(c) the inmates present a minimal risk,
according to Department standards, to security, order, or safety.
(19) Inmates have no entitlement
to inmate-to-inmate correspondence created by the constitutions of the United
States or the state.
(20) Personal
mail written in a language other than English may be delayed for purposes of
translation.
(21) The USP Mail Unit
may not accept postage-due mail unless payment is waived by the
deliverer.
(22) The USP Mail Unit
may not accept letters, cards, money instruments, or property items for which
there is reasonable cause to believe the items are contaminated, defaced, or
handled in such a way as to be offensive.
(23) Items received that cannot be searched
without destruction or alteration, such as electronic greeting cards,
multilayered cards, and polaroid photographs shall be denied and returned to
the sender.
(24) Inmates are
prohibited from receiving currency or personal checks.
(25) To be identified as incoming privileged
mail , the correspondence shall be from an attorney or other sender qualified
for privileged correspondence, be properly labeled as claiming privileged
status, and have a return address clearly indicating a judicial agency, law
firm, individual attorney, or other approved agency or person.
(26) All publisher-only media shall be new
and audio shall be factory sealed and the return address should be commercially
printed or stamped.
(27) Nothing in
this rule should be interpreted as creating a greater entitlement for inmates
or those with whom they correspond than that currently required by
law.
Notes
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No prior version found.