Self-Education/Rehabilitation, Does it Really Exist?
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Last Updated: 11/15/00 |
Not in the Nebraska State Penitentiary; Point at Hand
During Comdata's 1999, "18 Wheels of Hope Drive," in
conjunction with the "Great American Trucking Show" in Dallas,
Texas, 1002 "Truckloads of Meals for America's Hungry Kids"
rolled into town. At 30,000 pounds per truckload, that's over 30
million pounds of food.
This is the Trucking Industry
At daybreak, the police escorts, TV crews and helicopters were
there to watch and film this extraordinary event. Over a thousand
trucks stretched out with 100 feet between each 60 foot-long
truck made up a convoy that would cover over 30 miles of
interstate highway. Just think of a line of trucks over halfway
from Lincoln to Omaha, all loaded with food for America's hungry
children from the generous donations of American men and women.
The drive, which culminated on Sept. 8, 1999, surpassed its goal
of 999 truckloads of food. This is the Trucking Industry. See,
"Delivering Hope," p.40-41, Dec. 1999 issue of Roadstar
magazine; "Drive Collects More than 1,000 Truckloads of Food,"
p.13, Nov. 1999 issue of Truckers News magazine.
Trucking and Inmate Mail
What does this have to do with inmates at the Nebraska State
Penitentiary? A lot in some cases and in others, it has
everything to do with being in prison and unjustly being denied
simple things that you would never dream would be taken away from
you on somebody's whim. Take for example the case of one current
inmate who in the middle 1970's started a small long-haul
trucking company, which he is still a part-owner of and a
consultant for.
This company was well established and running long before this
man was incarcerated and has nothing to do with why he was sent
to the penitentiary. Over the years he has been incarcerated he
has been receiving publications, like the ones mentioned above,
pertaining to the trucking industry. Many of these publications
are sent to this man with both his name, inmate number, and the
trucking company's name on the address label, and have been
coming in through the U.S. Mail in this manner for years without
there being a single problem.
Stopping Self-Education
But now, with a recent unwritten change in policy by the
authorities at NSP, inmates receiving mail or publications with a
company name on the mailing label (even though the inmate's name
and inmate number also are on that label) will no longer be
allowed to receive such mail. The decision to eliminate the above
incoming mail can only be construed as an effort to stop
self-education by inmates. What kind of corrections professional
would prefer inmates to sit around watching TV all day long,
rather than reading publications of an educational nature that
might help them get or keep a job when they get out of prison?
Apparently, those officials in charge of mail procedures at the
state penitentiary are just such correctional professionals.
New Policy
This new policy decision comes from Associate Warden Mario
Peart, with the approval of Warden Michael Kenney and some other
staff. This is being done even though no rule exists to permit
this within the Dept. of Correction's Incoming Mail Procedures.
Their justification for denying these magazines started out as,
inmates "shall not be allowed to establish credit with sellers of
merchandise, or to establish business enterprises, without the
approval of the chief executive officer." When it was pointed out
to mailroom staff that this inmate had not established this
business while in prison and that he had not established credit
with anyone, their justification changed. Now they argued that
"unsolicited bulk rate mail" caused too much work for the
mailroom staff. When it was pointed out to them that these
magazines were neither "unsolicited" nor were they "bulk rate
mail" the justification changed once again. Now all magazines
addressed to an inmate with a company name were being withheld
because such mail "has a tendency to generate unsolicited bulk
rate mail." None of the staff's justifications are supported by
the Dept. of Corrections rules and regulations or the U.S.
Supreme Court's decision regarding inmate's rights to receive
mail. Who makes up these policies and rules?
A Hierarchy of Rules and
Rulemakers
It helps to see what rules Nebraska inmates have to follow and
who makes up those rules. The Nebraska Dept. of Corrections makes
an Inmate Rule Book which is considered a part of the state
statutes; Title 68, the Nebraska Administrative Code. Inmate mail
is covered in Chapter 3 of the rule
book. The mailroom staff's argument about inmates not being
allowed to establish credit or businesses comes from Chapter 3, Section 005.01. However, this is a
rule about outgoing mail not incoming mail; there is a big legal
difference.
The Dept. of Corrections also creates
Administrative Regulations (AR's) which apply to all the
Department's facilities. AR 205.1 deals
with Inmate Mail. AR 205.1 plainly states that one of the purposes of the inmate mail policy is "to
provide opportunities for inmate self/career development." This
AR recites to Title 68 Chapter 3 and refers to it as "Rule
3."
From the AR'S, each Warden (the Chief Executive of that
facility) creates and maintains Operational Memorandums (OM's)
for their facility which must comply with the AR's. NSP has its
own set of OM's. LCC, York, and every other DCS facility has
their own set of OM's. Sound confusing?
NSP's Mail Room Procedures are written
up as OM 205.001.111. You can see that the
OM has separate sections for Outgoing
Mail and Incoming Mail. In
compliance with the Rule Book and the AR it is the Outgoing Mail
section that contains the restriction
against establishing credit or a business.
Incoming versus Outgoing
The difference between incoming and outgoing mail from prisons
comes from the 1st Amendment's freedoms of speech and the press.
The U.S. Supreme Court has decided that prisons can censor some
mail but the purpose of that censorship is different when the
mail is incoming or outgoing.
Generally, mail sent to a prisoner may be screened or censored
pursuant to regulations and practices "reasonably related to
penological interests." Turner v. Safley,482 U.S. at 89,
107 S.Ct. at 2262. Outgoing mail, on the other hand, may be
regulated according to regulations or practices that "further an
important or substantial governmental interest unrelated to the
suppression of expression," and that extend no further "than is
necessary or essential to the protection of the particular
governmental interest involved." Procunier v. Martinez,
416 U.S. at 413, 94 S.Ct. at 1811. Hence a different standard
applies to the evaluation of regulations governing outgoing mail
(Procunier) and incoming mail (Turner v.Safley).
See, Thornburgh v. Abbot, 490 U.S. 401, 109 S.Ct. 1874,
1881 (1989). See, Martucci v. Johnson, 944 F.2d 291 (6th
Cir. 1991).
The First Excuse
You can see that the Outgoing Mail regulation that prevents
inmates from establishing credit or businesses serves the
"governmental interest" of preventing fraud, and that is fine for
outgoing mail. To prevent this kind of fraud the AR requires that
all outgoing mail be stamped with a
notice identifying it as coming from an inmate confined in
the Dept. of Corrections. The AR's outgoing mail rules also
provide that if the warden has reason to believe that an inmate
is using the mail to defraud the public,
then they should document their facts and order the inmate to
cease the activity. The warden can then discipline the inmate if
they do not cease. In this inmate's case, all the documented
facts show that he hadn't established credit or a business.
But for the incoming magazines addressed to the inmate with a
company name this outgoing mail regulation does not apply. Under
the incoming mail regulations these magazines would have to
violate some "penological interest" to be stopped; that is,
something going on inside the prison. Prisons certainly have an
interest in stopping escapes, riots, and other kinds of violence
in the prison. The kinds of magazines being stopped are not
harming any penological interests. Trucker's News,
Roadstar, PC Week, and Network Magazine are
hardly presenting escape plans or promoting riots or violence in
prisons.
The Second Excuse
The mailroom staff's second excuse was that these magazines
were "unsolicited bulk rate mail." Late in 1999, the Dept. of
Corrections officially changed their incoming mail regulations to
stop having to deliver unsolicited bulk rate mail. That makes
some sense, after all how do you deliver mail in prison addressed
to "Occupant" or "Resident."
However, this second excuse was an even greater stretch of the
rules because most magazines, including the ones the inmate in
question was receiving, are mailed by Periodicals Rate, not Bulk
Rate. Periodicals Rate used to be known as Second Class Mail.
Even more obvious was the fact that these magazines had been
subscribed to for years. Obviously they were not
"unsolicited."
The Latest Excuse
The latest excuse, that these magazines tend to generate
unsolicited bulk rate mail, is just plain silly. The Dept.'s new
rule says they can simply throw away unsolicited bulk rate mail.
In effect the Dept. is saying they can censor these magazines
because it tends to make them do their job of throwing away
unsolicited bulk rate mail. If these magazines came addressed
without a company name on the label they would still tend to
generate unsolicited bulk rate mail that would still be thrown
away. Remember, the Dept.'s first excuse was that there was a
company name on the address label.
Undoubtedly this will end up in court because the Dept.
officials are still refusing to change their decision, even after
being shown that the U.S. Supreme Court case law is against them.
They stubbornly make up new excuses after you show that their
last excuse doesn't meet the constitutional requirements. In
court the question will become: Does avoiding the labor of
throwing away any extra unsolicited bulk rate mail amount to a
"legitimate penological purpose" sufficient to override an
inmate's 1st Amendment right to receive magazines he has
subscribed to? And that assumes the Dept. of Corrections can
prove that company names on address labels creates more
unsolicited bulk rate mail than an address label without one. Of
course, you, the public will only hear the Attorney General's
office tell the press that it is the inmates who caused this
"frivolous" lawsuit. You just can't teach some people common
sense.
What Does the Public Want?
Naturally the public would like to avoid the expense and the
use of judicial resources for a court trial over whether inmates
can receive magazines or not; but there is a bigger issue here.
Does the public want educated or non-educated inmates to return
to the streets after paying their debt to society? Things are
changing so fast outside of prisons that without access to these
kinds of publications people returning to freedom will be at a
loss to catch up. Inmates need the opportunity to subscribe to
publications pertaining to their career field or future
profession, regardless of whether it arrives with an old company
name on the label. These publications are not being denied
because of their content, but only because of the way the address
label is printed.
If It Ain't Broke
An address label having a company name along with the inmate's
name and number creates no security threat or extra work for
staff when those magazines are processed. Why change the prison's
policies when they aren't broken and worked fine for years. Why
make up excuses to harm everyone's interests? Inmates having
access to more educational opportunities would promote less
recidivism, but then again the Dept.'s interests may actually lie
in building a new prison or increasing their budget by claiming
understaffing in the mailroom rather than rehabilitating inmates
for their return to society.
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Resources for Self-Education/Rehabilitation Article
Inmate Rule Book July 7, 1998
Title 68-DEPARTMENT OF CORRECTIONAL SERVICES
- 001 Applicability. The provisions of this rule shall
apply to all facilities operated by the Department of
Correctional Services.
- 002 Departmental Policy. It is the policy of the
Department that inmates committed to its custody be allowed
access to the mails so long as state and federal laws and
regulations governing the use of the mails are not violated, and
security, safety or good order of the facility is not threatened.
- 003 Contraband In the Mails. For the purpose of this
rule, the following materials shall be considered contraband and
may be confiscated under the provisions of this section. The term
contraband, however, shall not be limited to the designated
items, but shall include any others which constitute a threat to
the safety, security or good order of the facility.
- 003.01 The following objects are considered
contraband.
- 003.01A Narcotic, hallucinogenic or other illegally or
invalidly possessed drugs.
- 003.01B Plans for escape routes or the manufacture of
weapons, incendiary devices, drugs, or alcohol.
- 003.O1C Alcoholic beverages.
- 003.O1D Weapons of any type.
- 003.01E Perishable goods, unless approved by the Chief
Executive Officer of the facility.
- 003.01F Maps of any type, unless approved by the Chief
Executive Officer of the facility.
- 003.O1G Any items which would cause a violation of the
Code of Offenses if possessed by an inmate.
- 003.O1H Postage Stamps. (Except as allowed in rule
3.007.03.)
- 003.02 The following publications or recordings are
considered contraband.
- 003.02A Materials which advocate or are likely to
incite violent or illegal activity, including materials which
advocate or depict violent or illegal sexual activity.
- 003.02B Any printed, published, recorded or
photographed materials which are deemed by the Chief Executive
Officer to constitute a threat to the safety, security, or good
order of the facility.
- 005 Outgoing Mail
Procedure.
- 005.01 There shall be no restrictions on the number of
letters that may be written by an inmate, except in the case of
verified violation of the rules and regulations of the Department
relating to mall. Inmate outgoing mall may be sent out with only
the inmate's legally changed name and number. Inmates shall
not be allowed to establish credit with sellers of merchandise,
or establish business enterprises without the approval of the
Chief Executive Officer of the facility. Inmates shall not be
allowed to correspond with persons who have given written
notification of objection to such correspondence to the Chief
Executive Officer of the facility in which the inmate is
incarcerated. Inmates shall not be allowed to correspond with
parolees or inmates of other correctional institutions (or the
same correctional institution) without the approval of the Chief
Executive Officer of both institutions, or in the case of
parolees without the approval of the Adult Parole Administrator.
- 005.02 All outgoing mail will be processed by
personnel designated by the Chief Executive Officer of the
facility. Such mail shall be examined for enclosures and
contraband. Outgoing mail may be read only when there is clear
and convincing evidence that such mail could constitute a threat
to the safety, security, or good order of the facility. No sealed
envelopes shall be mailed unless the mail is "privileged" as
provided below. All sealed envelopes shall be returned to sender
along with a written explanation for the return. Each outgoing
letter shall bear the name and number of the writer and his/her
institutional address in the upper left hand corner on the front
of the envelope. An outgoing letter which does not indicate the
sender will be retained by the facility for sixty days. If such
letter is not claimed by the sender within that time, it will be
subject to disposal.
- 005.03 If any outgoing mail is not allowed to leave
the facility, it will be returned to the sender, along with a
written explanation of the reasons for the action, If contraband
is found to be contained in any outgoing mail, such contraband
shall be seized and a receipt given to the inmate. In the event
that seizure of the letter containing contraband is necessary for
disciplinary purposes, the inmate shall be notified in writing.
Official government money confiscated from an inmate's outgoing
mail shall be placed in the inmate's confiscated cash account and
shall be returned to him or her upon release from the custody of
the Department. At the conclusion of any disciplinary action,
seized contraband shall be destroyed, retained, or referred to a
law enforcement agency, as appropriate. If an inmate desires to
challenge a seizure of contraband, he or she may do so by
employing the grievance procedure.
- 006 Incoming Mail Procedures.
- 006.01 Inmates may receive mail from any person or
organization they choose except as prohibited in this Rule. There
shall be no restrictions on the number of letters that may be
received, the length of any letter, or the language in which a
letter received may be written, except in the case of any
verified violation of the rules and regulations of the Department
or state and federal laws and regulations relating to mail.
Commercial items received through the mail must be prepaid by the
inmate. Commercial items not prepaid will be returned to the
sender and written notification of such action sent to the
inmate. Free advertising material, fliers, and other bulk rate
mail without the inmate's name and number will not be delivered.
Such mail will be returned to sender if possible, or will be
destroyed without acknowledgment.
- 006.02 Mail from inmates in other correctional
facilities is presumed to cause a threat to the safety, security,
or good order of the facilities, and is presumed to jeopardize
the rehabilitative process of the receiver. The Chief Executive
Officer at the institution where the inmate addressee resides, or
the Adult Parole Administrator in the case of parolees, may issue
written permission for inmate/parolee to inmate/ parolee
correspondence to be delivered. Such permission may be granted
when the inmates/parolees are immediate family or have a common
interest in a legal matter, and the Chief Executive Officer or
Adult Parole Administrator determines that the addressee's
receipt of such correspondence will neither threaten the safety,
security, or good order of the facility/parole agreement, nor
jeopardize the rehabilitative process of the addressee. Mail from
one inmate/parolee to another may be read by appropriate
correctional staff at the Institution of the sender and the
receiver.
- 006.03 All non-privileged incoming mail will be
processed by personnel designated by the Chief Executive Officer
of the facility. Such mail shall be opened and examined for
enclosures and contraband. Incoming mail may be read only when
there is clear and convincing evidence that such mail constitutes
a threat to the security, safety, or good order of the facility.
- 006.04 If any contraband is found to be contained in
any incoming mail, such contraband will normally be returned to
the sender, along with a copy of the written statement which
shall be delivered to the addressee. (Incoming publications are
governed by 006.08, below.) A written statement will then be
delivered to the addressee with a description of the items
removed and an explanation of the reasons for the removal. In the
event that the mailing of such contraband violates state or
federal law, the contraband and the letter, if necessary, shall
be referred to proper law enforcement authorities for appropriate
action. In the event that seizure of the letter containing
contraband is necessary for prosecution purposes, the sender and
the inmate shall be so notified in writing. If an inmate desires
to challenge a seizure of contraband, he or she may do so by
employing the grievance procedure. If a sender desires to
challenge a seizure of contraband, he or she may do so by
contacting the Chief Executive Officer of the facility in
writing.
- 006.05 All mail shall generally be delivered to the
addressee no later than twenty-four hours after its receipt at
the facility, with the exception of weekends and holidays, or
when mail contains suspected contraband. Packages will generally
be delivered within forty-eight hours.
- 006.06 All mail sent to an inmate must include the
name and address of the sender. Mail sent to an inmate will be
delivered if the addressee can be determined.
- 006.07 When an Inmate has been transferred to another
correctional facility, his or her First Class mail shall be
forwarded to that facility. First Class mall will be forwarded
after release, providing a forwarding address is available. If no
forwarding address is available, such mail shall be returned to
the sender.
- 006.08 If a publication considered to be contraband
(as defined in Paragraph. 003.02 of this Rule) is found in an
inmate's incoming mail, the inmate will be given written notice
that the publication has been removed and why it is considered to
be contraband. The publication will be held by the institution's
administrator for sixty days in order to enable the inmate to
exhaust the grievance procedure before the publication is
destroyed or returned to the sender at the inmate's expense. If
the inmate asks that the publication be returned to the sender
immediately, it will be returned to the sender at the inmate's
expense.
- 006.09 Cash is considered contraband and may not be
sent to inmates in the mail. Any cash received will be returned
to the sender if the sender's name and address are indicated. If
cash, checks, or money orders are found in Incoming mail and
there is no indication of the name and address of the sender, the
funds will be placed on the inmate's confiscated cash account and
held for the inmate pending the inmate's release from custody.
Non-wage funds will be posted to an inmate's institutional
account if receipt of these non-wage funds does not otherwise
violate a Departmental rule or regulation. Inmates may not
receive funds from another inmate, a relative of another inmate,
a volunteer, or a person sending money at the request of another
inmate. Non-wage funds placed in an institutional account may be
spent only for those purposes for which state law allows inmate
wages to be spent. All funds in an inmate's institutional account
will be handled in a manner consistent with statutes governing
inmate wages.
- 006.10 Inmates are to use U.S. Mail for
correspondence. The Department of Correctional Services shall not
send or receive facsimile transmissions, telegrams, Express mail,
email or any other electronic transmission of correspondence on
behalf of Inmates.
- 007 Privileged Mail.
- 007.01 It is the policy of the Department that inmates
be allowed to send unopened letters to all federal and state
officials, the Director, any Assistant Director, and the Chief
Executive of any facility of the Department of Correctional
Services; the State Ombudsman or his deputies; judges; members of
the paroling and pardoning authority; and members of local,
state, and national bar associations. The Chief Executive Officer
of the facility from which such mail originates may choose to
attach to any such outgoing mail, a letter disclaiming any
administrative responsibility for the nature or contents of such
mail.
- 007.02 Privileged mail, which is marked as such and
from a member of the bar or one of the persons referred to in
007.01, may be opened only in the presence of the inmate
addressee. At the time of opening, such mail shall be examined
for contraband, but shall not be read unless there is clear and
convincing evidence that such mail constitutes a threat to the
safety, security, or good order of the facility. In any case, the
name or firm affiliation of any sender must appear in commercial
printing on the envelope before such mail shall be accorded
privileged status. Any sender using envelopes which do not
contain commercially printed names or firm affiliation must
acquire the prior written approval of the Chief Executive Officer
of the facility. Without such approval, such mail marked
privileged will be handled as standard, incoming mail.
- 007.03 Attorneys of record may include in each mailing
sent to inmates one self-addressed stamped envelope.
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Department of Correctional Services
ADMINISTRATIVE REGULATION 205.1
Regulations governing inmate mail are necessary to attain the
Department's objectives to provide opportunities for inmate
self/career development and maintain a safe, secure, and humane
environment for inmates, staff and the public.
GENERAL
General Statutory Power for elements within this regulation
may be found in Section 83-173, R.R.S. 1994 and Section 83-186,
R.R.S. 1994. Legal Citations: Wolff vs. McDonnell, 418
U.S. 539 (1974); Procunier vs. Martinez, 416 U.S. 396
(1974); Turner vs. Safley, 107 S. Ct. 2254 (1987).
Each institution, consistent with its function and the nature
of its inmate population and programs, shall develop its own
version of this regulation within the limits and guidelines which
follow.
There shall be no restrictions on the number of letters,
length, language, content or source of mail or publications,
except when there is a reasonable belief that the limitation is
necessary to protect public safety or institutional order and
security.
As used herein, the term "mail" shall include packages.
The current version of Title 68 Chapter 3-MAIL PRIVILEGES of
the Rules and Regulations of the Nebraska Department of
Correctional Services promulgated under the Administrative
Procedures Act is herewith incorporated into this Administrative
Regulation. This document will be referred to as "Rule 3"
below.
This Administrative Regulation and Rule 3 shall be reviewed
annually and updated as needed.
PROCEDURE
- MAIL PRIVILEGES
- In addition to contraband specified in Rule 3, contraband
includes any items which are not acquired by inmates through
authorized institutional channels or sources.
- The Chief Executive Officer may allow certain published
materials to be stored by the institution and viewed privately
but not retained by the inmate.
- Outgoing Mail Procedures
- Inmates may send mail to any person or organization they
choose, except as prohibited by Rule 3 or this regulation.
- If the Chief Executive Officer of a
facility has reasonable cause to believe that an inmate is using
the mails to engage in an unauthorized business enterprise or to
defraud the public, the Chief Executive Officer should
document the facts that led to that conclusion and a direct order
should be given to the inmate to discontinue the practice. With
the approval of the Chief Executive Officer of a facility, an
inmate may be required to include the name of his or her
institution on return addresses on all outgoing mail, to ensure
compliance with the direct order. Evidence that the inmate has
not complied with the direct order may cause the inmate to be
subject to disciplinary action.
Outgoing inmate mail will be
stamped with the following disclaimer: NOTICE! This
correspondence was mailed by an inmate confined in an institution
operated by the Nebraska Department of Correctional Services. Its
contents are uncensored.
- All institutional correspondence must in all cases contain
the commitment name and the number of the inmate. An inmate may
also sign the communication with a recognized alias, such as a
Muslim name. If inmates have legally changed their names, both
the committed name and the legal name will be shown, and the
legal name must be signed. (Shakur Abdullah v. Gunter,
CV88-L-651). Inmates may use only their legally changed name and
number on the envelope of outgoing mail.
- If an inmate attempts to send mail to an inmate in another
institution or in the same institution, the Chief Executive
Officer at the sending institution shall have the authority to
intercept the mail and return it to the sender under the same
standards as provided for incoming mail in paragraph 0.2,
below.
- Inmates will not be permitted to use the state's inter-office
mail system to send mail to Departmental staff, except when such
mail involves appeals to the Appeals Board, Accounting requests,
good-time restoration appeals, Step 2 grievance procedures, and
appeals of classification actions. Employees should riot assume
responsibility for mailing these materials for inmates through
interoffice mail. This mail must either be folded or stapled with
the proper return address. On the return address, the inmate must
use his/her number, committed name and legal name if the name
change was made following the inmate's commitment. Inmates must
use the U.S. Mail Service for all other correspondence.
- Contraband which is removed and confiscated from outgoing
inmate correspondence, other than money, will be disposed of,
usually by incineration, unless it is needed as evidence for
prosecution. The method, of disposition will be decided by the
Chief Executive Officer. Money instruments will be disposed of in
accordance with AR 113.2, Adult Inmate Accounting.
- Mail shall leave the facility no later than twenty-four (24)
hours after the sender has deposited it for mailing, with the
exception of weekends and holidays, or when mail contains
suspected contraband.
- Inmates may not possess postage stamps. Pre-stamped envelopes
will be available for purchase in the institutional canteens.
Inmates will be allowed to possess up to forty (40) pre-stamped
envelopes. A 10" pre-stamped envelope will be sold. Inmates will
not be allowed to receive pre-stamped envelopes through the U. S.
Mail. All such envelopes must be purchased from the facility
canteen. A supply of stamps will be maintained in each canteen
for use by inmates who purchase special events cards, such as
birthdays, anniversaries, and holidays. When an inmate purchases
a special event card and necessary postage, the Canteen Staff
will affix the necessary postage on the envelope after the card
and postage are purchased by the inmate. The inmate will not be
given the loose stamp for the inmate to place on the envelope.
Since CCC-O has no canteen, inmates there may possess up to forty
(40) stamps.
- Disclaimer stamping of inmate mail as described in l.C.2.
above and search of outgoing mail as described in l.C.6. above
will not be done at community corrections facilities.
- Incoming Mail Procedures
- Letters, Publications, Commercial Items
- All publications, including but not limited to, newspapers,
magazines, soft-back books, paperbacks and hard bound books, must
be ordered through the institution, prepaid by the inmate, and
sent to the inmate directly from the publisher. Prepaid items
received from bookstores (including used books) will also be
permitted. An invoice/shipping document showing items have been
pre-paid must be included. Publications not received in this
manner will be returned to the sender.
- Religious publications and tapes may be received directly
from churches or other religious bodies.
- If an inmate is denied a publication and subsequently files a
grievance, the content of the publication will be reviewed by the
Chief Executive Officer or designee. The reviewer shall not have
participated in the original decision to deny the publication.
The grievance response must cite the specific reasons for denial
of the publication.
- If institutional staff can determine the inmate for whom the
mail is intended, such mail must be delivered. Mail must be
delivered if it contains only the inmate's legally changed name
and institutional number.
- Inmate-to-Inmate Mail
- Mail from inmates in other correctional facilities or the
same facility is presumed to constitute a threat to the safety,
security or good order of the institution where the addressee
resides. Such mail can be used to communicate escape plans, to
arrange assaults and other violent acts, and to facilitate the
development of informal organizations that threaten the security
of correctional institutions.
- The Chief Executive Officer at the institution where the
addressee resides shall issue written permission for inmate to
inmate correspondence to be delivered. Such permission may be
granted when the inmates are immediate family or the inmates have
a common interest in a legal matter and the Chief Executive
Officer determines that the addressee's receipt of such
correspondence will neither threaten the safety, security or good
order of the facility nor jeopardize the rehabilitative process
of the addressee. Inmates who are not immediate family and who
desire to correspond regarding a parental interest in a child
must show evidence of financial support of that child.
- When incoming mail from another inmate is denied, the mail
will be returned to the sending institution along with a general
statement of the reason for denial. A similar written statement
will be given to the inmate to whom the mail was addressed. If
either the sender or the addressee wishes to challenge the Chief
Executive Officer's decision to return the mail, the inmate may
use the Department's grievance mechanism set forth in DCS Rule
2.
- Mail from inmates in other correctional facilities or the
same facility may not be sealed by the sender and may be
inspected and read by staff at the sending and receiving
institutions. The Chief Executive Officer at the sending
institution shall also have the right to intercept mail and
return it to the sender under the same standards set out
above.
- Inmates may be allowed to correspond through the mail with
other inmates "out on bond." However, if there is a safety or
security concern, such mail may be read by authorized staff. An
inmate out on bond may not send money to incarcerated inmates.
When mail is received from an inmate out on bond, any letter will
be given to the addressee, however, any enclosed money order,
check, or stamps will be returned to the sender.
- Contraband
Contraband which is removed from incoming inmate mail which is
not returned to the sender may be turned over to law enforcement
authorities for possible prosecution. Contraband not returned to
the sender or given to law enforcement will be disposed of
according to institutional procedures.
- Funds Received
- If any money orders or checks are found to be contained in
any incoming mail, such will be credited to the inmate's
institutional account. Notification of such credit shall be
provided to the inmate by the business manager/designee of the
appropriate facility.
- Cash/coin (official U.S. government money) or travelers
checks found in any incoming mail will not be accepted by the
institution. Inmates shall, be instructed to so inform family and
friends. However, if cash/coin is found in incoming mail, it will
be accounted for, as determined by each facility, and then
returned to the sender. The inmate will be notified of this
action. If there is no return address, the money will be credited
to the inmate's confiscated account until the inmate's release
from the custody of the Department. A receipt will be issued to
the inmate by the business officer/designee of the appropriate
facility. These provisions also apply to checks and money orders
received for inmates in this manner.
- Privileged Mail
- In addition to those individuals specified in DCS Rule 3,
inmates may send sealed letters to local (city or county) Chief
Executive Officers and administrators of grievance systems. Mail
from these individuals will be treated as confidential and opened
and inspected only in the presence of the inmate, unless waived
in writing. The Chief Executive Officer of the facility from
which such mail originates may choose to attach to any such
outgoing mail a letter disclaiming any administrative
responsibility for the nature or contents of such mail.
- Any incoming mail marked "Attorney-Client," or which in some
other fashion is clearly indicated to be attorney-client
communication, shall be opened only in the presence of the
inmate-addressee.
- In any case, the name or official status of any sender must
appear in commercial printing on the envelope before such mail
shall be accorded privileged status. Any sender using envelopes
which do not contain commercially printed names or official
status who desires to have his or her mail to an inmate treated
as privileged mail, must acquire the approval of the Chief
Executive Officer of the facility. Without approval, such mail
marked "Privileged" will be handled as standard, incoming
mail.
- Mail Constituting Threats to the Facility
With respect to the reading of incoming or outgoing mail, the
Chief Executive Officer of each facility shall issue guidelines
defining the types of mail which could constitute a threat to the
safety, security, or good order of that facility. Whenever such
mail is read, the reader shall record the name and institutional
number of the sender/addressee, the name and address of the
sender/addressee, the date of the reading, and the reasons why
the mail was read. After an item is read, it may be copied only
if the Chief Executive Officer of the facility or designee
determines that the mail does in fact contain statements or
information which could threaten the safety or security of
persons or property outside the facility. Copies of any such mail
shall be retained only so long as they are needed to complete an
investigation of the apparent threat, or so long as they are
needed as evidence in a disciplinary proceeding or criminal
action.
- Indigent Inmates
Indigent inmates shall receive five, first class, U.S. postage
embossed envelopes per month or the equivalent in metered mail to
send letters in order to maintain community ties. Indigent
inmates are those who have not had an institutional job
assignment for thirty (30) days or more or who have not had a
balance of $10.00 or more on their trust account during the past
thirty (30) days. Inmates shall have access to the courts for the
sending of correspondence and pleadings regardless of their
ability to pay postage. See A.R. 116.1 -Inmate Rights.
- ELECTRONIC COMMUNICATION
Inmates may not receive communication by facsimile machine,
electronic mail or telegram.
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Department of Correctional Services
NEBRASKA STATE PENITENTIARY
Subject: Mail Room Procedures Date: November 8, 1999
- Purpose. To establish and refine mail handling
procedures and mail processing standards for use at the
Penitentiary.
- Policy. It is the policy of the Nebraska State
Penitentiary that inmates committed to its custody be allowed
general access to the mails as long as State and Federal laws and
regulations governing the use of the mails are not violated and
the security, safety, or good order of the institution are not
threatened.
- Applicability. This Memorandum is applicable to all
divisions/departments/offices and will be maintained by the
Associate Warden/Administrative Services.
- Procedures.
- Contraband in the Mails. All mail will be processed by
employees designated by the Warden or designee as Mail Room
Personnel who are responsible for examining all inmate mail, both
incoming and outgoing, for contraband. Unit staff shall examine
all privileged inmate mail for contraband in the presence of the
inmate recipient. The listed materials shall be considered
contraband, and may be confiscated under the provisions of this
Section. However any other items which in the opinion of the
Warden constitute a threat to the security, safety or good order
of the institution may also be considered as contraband and
treated as such.
- The following items are considered to be contraband:
- Narcotic, hallucinogenic or other illegally or invalidly
possessed drugs
- Plans for the manufacture of weapons, incendiary devices,
drugs or alcohol, or for escape routes
- Alcoholic beverages
- Weapons of any type
- Perishable goods, except designated foodstuffs approved by
the Warden for the annual gift package
- Maps of any type, unless approved by the Warden
- Any item(s) which would cause a violation of the Code of
Offenses if possessed by an inmate
- Gummed stickers included in mail or affixed to the letter or
envelope
- Documents which may be used as identification (e.g. driver's
license, birth certificate, social security card or military
discharge papers). Inmates may receive a membership card
identifying membership in a professional organization as long as
said card is not plastic or laminated and can not be used as a
piece of identification.
- Musical and talking greeting cards
- Photographs of any type (published or unpublished) of nude or
partially nude males or females. Unpublished photograph subjects
appearing in panties, bras, sheer negligees or nightgowns
(clothing which would be deemed unacceptable for open public
appearance) will be rejected and returned to the sender.
Published, commercial nude photographs may be received only if
received directly from the publisher and are clearly marked as
being published photographs.
- Photographs of any type that depict street or prison gang
affiliation. Unpublished photograph subjects appearing in a
manner of dress dictated by a gang common dress code including
colors, insignia, or specific clothing items worn in such a way
as to denote group identity or status; gang hand signs; graffiti
depicting gang members names, initials, logos, monikers or
slogans containing mention of gang membership, affiliation,
activity or territory. If found in the mail these items will be
returned to the sender with an explanation for their return. The
inmate will be given a written explanation with respect to the
action taken. Any correspondence containing gang-related drawings
or miscellaneous writings (graffiti) will be considered
contraband and returned.
- Items that are laminated or glued together.
- Any items such as greeting cards, birthday cards, postcards,
or others larger than 8 inches by 5 inches.
- Any items which are not included on a list of authorized
possessions posted by the facility and approved by the
Department.
2. The following publications are considered to be contraband.
- Materials that advocate or are likely to incite violent or
illegal activity, including materials that advocate or depict
violent or illegal sexual activity such as:
- Rape or other violent sexual acts
- Sexual abuse of children
- Drug induced sexual stimulation
- Bestiality
- Materials that advocate gang-related activities.
- Materials that concern the "martial arts". These publications
are not allowed because of the explicit nature of some of the
instructional information and because development of the martial
arts can only occur as a result of practices, i.e., with staff or
inmates.
- Any other printed, published or photographed materials that
are deemed by the Warden to constitute a threat to the safety,
security, or good order of the facility.
- Contraband Control. If contraband is found to be included in
any incoming mail it will be seized by Mail Room Personnel and
handled in one of three ways.
- If the contraband violates State or Federal law, it will be
referred to proper law enforcement authorities for appropriate
action. In the event that seizure of the mail containing
contraband is necessary for prosecution purposes, the sender and
the inmate will be notified in writing using a modified Notice of
Returned Mail. (Attachment 1).
- If the mail contains identification materials such as
drivers' licenses, social security cards, car titles, military
discharge cards, etc. these materials will be placed in the
inmate's personal file in the Inmate Records Office. The mail
itself will be forwarded to the inmate by the Mail Room with a
Notice of Returned Mail (Attachment 1) attached indicating what
item(s) were removed.
- All other incoming contraband will be returned to the sender.
Any approved items will be forwarded to the inmate, who will be
notified in writing (Attachment 1) as to items removed.
- If an inmate desires to challenge a seizure of contraband, he
may do so by utilizing the Department's grievance mechanism as
set forth in Rule 2.
- If a sender desires to challenge a seizure of contraband, he
or she may do so by contacting the Warden in writing.
- Incoming Mail
Procedure
- Inmates may be allowed to receive mail from any person or
persons and/or organizations they so choose, except as prohibited
herein. There shall be no restriction on the number of letters
that may be received, the length of any letter, or the language
in which a letter may be written, except in the case of verified
violations of the Rules and Regulations of the Department or
State and Federal laws and regulations relating to mail.
- All publications, including but not limited to, newspapers,
magazines, soft-back books, paperbacks and hard bound books, must
be ordered through the institution, prepaid by the inmate, and
sent to the inmate directly from the publisher. Prepaid items
received from bookstores (including used books) will also be
permitted. An invoice/shipping document showing items have been
prepaid must be included. Publications not received in this
manner will be returned to the sender, and written notification
(Attachment 1) of such action sent to the inmate within 24 hours
of receipt, weekends and holidays excepted.
- Post Office
- Incoming mail will be picked up by a designated facility
employee each morning, Monday through Saturday, by 7:30 am. from
the Station B Post Office, and processed by Mail Room
Personnel.
- Mail Box
- Incoming mail for the Penitentiary that is not addressed to
P.O. Box 2500 will be delivered to the Penitentiary mail box
located in the front of the Administration Building. Mail room
staff will collect this mail Monday through Saturday and process
same. This mail is scheduled for delivery by 10:30 a.m. Monday
through Saturday.
- Incoming mail shall be sorted and date stamped to separate
administrative mail, inmate privileged mail, and inmate regular
mail.
- Administrative mail will be distributed in the Inmate Records
Office mail boxes by Mail Room Personnel.
- Incoming inmate regular mail will be alphabetized and the
current living location noted on the outside of the envelope.
Mail will then be opened and inspected for items of contraband
and unauthorized enclosures. The sender's name and address MUST
appear on each piece of mail, and any mail which does not contain
such is subject to being read by the Warden's designee. All other
mail will not be read unless there is clear and convincing
evidence that such mail constitutes a threat to the security,
safety, or good order of the facility. Measures will be taken to
ensure that mail is handled carefully and that enclosures are not
lost or separated from the letter or envelope. Following visual
inspection of each envelope, all allowed contents will be
returned therein and the envelope stapled shut. Envelopes
containing greeting/specialty cards and photographs will be taped
to ensure against defacement. Mail then will be put into
designated mail bags, which will be picked up no later than 1:45
p.m. by Second Shift Officers and taken to the respective living
locations for distribution.
- Inmates will not be allowed to receive incoming mail
containing pre-stamped envelopes (except as outlined in 9.
below), nor will inmates be permitted to receive musical greeting
cards. Any correspondence containing pre-stamped envelopes or a
musical greeting card will be returned to the sender with an
explanation for the return. The inmate will be given a written
explanation with respect to the action taken.
- Inmates may receive self-addressed stamped envelopes when
these come from an attorney, a publisher, vendor, religious
headquarters, or educational institution (so long as the
envelopes are enclosed as a part of a bona fide approved
correspondence course). The Associate Warden/Administrative
Services must approve all correspondence courses. Self-addressed
stamped envelopes may also be received in legal mail.
Self-addressed stamped envelopes may not be mailed in from any
other source and for any purpose other than as stated
herein.
- Inmates may receive money instruments (certified checks,
money orders, bank drafts, cashier's checks) and other legitimate
sources of income such as income tax and insurance refunds, hobby
sales receipts, veteran's compensation, etc. in the mail. Cash
may NOT be sent to inmates in the mail, and all mail sent to an
inmate must include the name and address of the sender. If cash
is found in incoming mail, the cash will be returned to the
sender and any allowed items forwarded to the inmate. If cash,
checks, or money orders are found in incoming mail and there is
no indication of the name and address of the sender, the funds
will be placed in the inmate's confiscated cash account and held
for him pending his release from the jurisdiction of the
Department. Non-wage funds (checks or money orders) will be
posted to an inmate's institutional account if receipt of such
funds does not otherwise violate a Department Rule or Regulation.
Non-wage funds placed in an inmate's institutional account may be
spent only for those purposes which state law and/or Agency
policy allows inmate wages to be spent.
- A list of money instruments and cash received at the
Penitentiary each business day will be prepared by Mail Room
personnel using the Monies Log (DCS-A-472 - Attachment 2). The
Mail Room will retain a copy of each said log. Mail Room
personnel will complete and insert a Monies Removed From Mail
Form (DCS-A-474 - Attachment 7) into each envelope from which a
money instrument is removed. Mail Room personnel will stamp each
money instrument with the "State Treasurer" endorsement stamp.
Mail Room personnel will deliver the money instruments to the
Accounting Clerk I who will (1) verify the money instruments and
cash received against the list prepared by Mail Room personnel to
make certain all funds are accounted for, (2) receipt each money
instrument and return same to the Mail Room. Money instruments
received on Saturdays or holidays will be delivered to the
Accounting Clerk I on the next normal business day. All money
instruments will be separated by housing unit, and the applicable
unit staff will obtain the necessary endorsements and return the
money instrument to the Mail Room. Mail Room personnel will
return the money instruments to the Accounting Clerk I who will
ensure all the money instruments are accounted for and forward
the money instruments and receipts to Central Accounting. Mail
Room personnel will advise the Accounting Clerk I (who in turn
will advise Central Accounting) if the funds are to be designated
as confiscated cash.
- All incoming certified, registered, or insured mail will be
entered on a log maintained in the Mail Room (Certified, Insured,
Registered Log - Attachment 3). All such mail will have two
copies of the Certified, Registered, Insured Mail Receipt
(DCS-C-254- Attachment 4) attached to each letter. After the
inmate/addressee has signed the receipt, the original will be
returned to the Mail Room where it will be filed. All authorized
mail generally will be delivered to the addressee no later than
24 hours after its receipt at the facility, with the exception of
weekends and holidays.
- No funds or documents of any kind may be left for inmates
with the Front Entrance Officers. Visitors, including
professional visitors such as attorneys, etc., may not leave
money instruments, cash, legal documents, or legal mail for
delivery or deposit for inmates. ALL FUNDS AND LEGAL DOCUMENTS
FOR AN INMATE MUST BE MAILED INTO THE PENITENTIARY FOR OFFICIAL
RECEIPTING.
- Incoming packages addressed to an inmate will be opened and
checked for contraband by Mail Room Personnel. Those packages
found to contain contraband such as items of identification, car
titles, birth certificates, etc. will be processed with the
contraband items being forwarded to the addressee's central file
in the Inmate Records Office. The package, if otherwise
authorized, will be forwarded to the inmate. The affected inmate
will also be notified, via Attachment 1, of the specific items
removed from the package. All other types of contraband found in
any incoming packages will be processed as described in paragraph
B. above. Absent a law enforcement interest, the package and
related contraband will be returned to the sender. Incoming
packages containing canteen ordered goods or hobby goods will be
picked up and inspected by the Canteen or Hobby Staff as
applicable. Packages addressed to the inmate "in care of" Hobby
Canteen, Religion Department Head, etc. will be picked up and
inspected by the appropriate Supervisor.
- All magazines, books, newspapers, and calendars must be
mailed directly from the publisher or bookstore. The Penitentiary
will not accept such items if they are sent to inmates from home,
friends, "Quick Shop" type businesses, or private individuals.
However, grocery stores/department stores that have a book
department will be allowed to send publications to inmates.
Inmates will not be allowed to receive telephone books or
directories. This policy is based on the "publisher only rule" as
upheld by the Courts. If a publication considered to be
contraband (as defined in par. A. above) is found in an inmate's
incoming mail, the inmate will be given written notice that the
publication has been removed and why it is considered to be
contraband. The publication will be held by the Administration
for 60 days in order to enable the inmate to exhaust the
grievance procedure before the publication is destroyed or
returned to the sender at the inmate's expense. If the inmate
asks that the publication be returned to the sender immediately,
it will be returned to the sender, at the inmate's expense. All
books and magazines will be marked with the inmates name, number,
and living location. Magazines will be marked on the outside
cover and books will be marked on the inside cover. Books,
magazines, and materials from Books Inc., P.O. Box 20230,
Chicago, IL 60620 are not allowed.
- Items such as cassettes, which are received for the blind or
reading impaired, will be accepted only through prior written
permission of the Associate Warden/Administrative Services. All
religious materials will be inspected by the Religion Department
Head for disposition if there is a question about whether such
materials are from a publisher or bookstore. No multiple copies
of any printed materials will be allowed without the prior
written approval of the Associate Warden/Administrative Services,
or the Religion Department Head in the case of religious
materials. If multiple copies are received without prior
approval, the inmate will receive one copy of each item and the
remainder will be handled as contraband.
- With the exception of weekends and holidays, all packages
will generally be delivered to the inmate within 48 hours of
receipt by the facility.
- When mail is received for an inmate confined in a local
hospital the Mail Room will notify the Shift Supervisor. The
Shift Supervisor will make arrangements to have the mail
delivered to the inmate. If it is not legal mail it will be
opened and inspected by the Mail Room Clerk. If it is legal mail
it will be processed as other legal mail is processed. Mail sent
directly to an inmate in the hospital will be opened and
inspected by the officer on duty if it is not legal mail. If it
is legal mail the officer shall have the inmate open the mail in
his/her presence. In either case, the officer on duty will file
an Incident Report indicating who sent the mail, the address of
the sender and whether it was regular mail or legal mail. A copy
of this Incident Report should be sent to the Mail Room for
filing. The officer on duty at the hospital shall contact the
Shift Supervisor prior to delivering mail if there is any
question about the same.
- If any mail is rejected, it will be returned to the sender
with an explanation. The inmate will also be notified of same by
use of the Notice of Returned Mail (Attachment 1). Any decision
to return or hold mail will be the responsibility of Mail Room
personnel, or in his/her absence, the Associate
Warden/Administrative Services.
- Inmates will not be allowed to receive stationary through the
mail from any source (businesses, organizations, family/friend).
All stationary must be purchased through the Canteen.
- Outgoing Mail
Procedure
- Inmates will be allowed to send mail to any person or persons
and/or organizations they so choose, except as otherwise limited.
There will be no restriction on the number of letters that may be
written, the length of any letter, or the language in which a
letter is written, except in the case of a verified violation of
the Rules and Regulations of the Department pertaining to the
mail. Inmates shall not
be allowed to establish credit with sellers of merchandise or
establish business enterprises without the approval of the
Warden. Merchandise ordered on credit terms will be returned
to the sender with appropriate notification provided to the
inmate and to the sender (Attachment 1). If the Warden has
reasonable cause to believe that an inmate is using "the mails to
engage in an unauthorized business enterprise or to defraud the
public, the he/she should document the facts that led to that
conclusion and a direct order should be given to the inmate to
discontinue the practice. With the permission of the chief
executive officer, an inmate may be required to include the name
of the institution on return addresses on all outgoing mail, to
ensure compliance with the direct order. Evidence that the inmate
has not complied with the direct order may cause the inmate to be
subject to disciplinary action.
- All outgoing mail will be processed by personnel designated
by the Warden or designee. Such mail shall be examined for
enclosures and contraband. If contraband is found to be contained
in any outgoing mail, such contraband shall be seized and a
receipt given to the inmate. In the event that seizure of the
letter containing contraband is necessary for disciplinary
purposes, the inmate shall be notified in writing. Official
government money confiscated from an inmate's outgoing mail shall
be placed in the inmate's confiscated account and shall be
returned to him upon release from the custody of the Department.
At the conclusion of any disciplinary action, seized contraband
shall be destroyed, retained, or referred to a law enforcement
agency, as appropriate. If an inmate desires to challenge a
seizure of contraband, he may do so by employing the Department's
grievance procedure.
- Outgoing mail may be read only when there is clear and
convincing evidence that such mail could constitute a threat to
the security, safety, or good order of the institution. No sealed
envelopes shall be mailed unless the mail is "privileged" as
described in paragraph E below. All other sealed envelopes shall
be returned to the sender along with a written explanation for
the return (Attachment 1). Each outgoing piece of mail shall bear
the name, number and institutional address of the writer in a
prominent place on the piece of mail. The piece of mail must
include the committed name and/or legal name if the name change
was made following the inmate's commitment. Outgoing mail without
this complete information will be returned to the inmate if that
inmate is identifiable. Any outgoing letter which cannot be
returned to the sender because his name or number is not
indicated will be retained by the facility for one year. If such
letter is not claimed by the sender within that time, it will be
destroyed.
- Club letterhead stationery may NOT be used for any outgoing
mail except for official club authorized mail. Club authorized
mail will be delivered to the Mail Room by the Club Sponsor and
initialed by him/her. Any mail written on club stationery which
is not authorized by the Club Sponsor is to be returned to the
Club Sponsor. Club letterhead stationery shall NOT be used for
any privileged mail.
- If any outgoing mail is forbidden to leave the institution,
Mail Room Personnel will return it to the sender along with an
explanation of the reasons for the action (Attachment 1).
- With the exception of weekends and holidays, all properly
stamped and addressed letters will generally leave the facility
no later than 24 hours after the sender has deposited them, and
packages will leave the facility no later than 48 hours after
deposit. Locked outgoing mail drops (boxes) supplied through the
U.S. Postal Service are located in Housing Units 1 through 5 near
the Control Centers. Outgoing mail from the Control Unit is
placed by Unit Staff in the designated outgoing mail box located
in the South office. A locked outgoing mail box is located near
the front northeast administrative office at the Medium Security
Unit/HU #6. Outgoing mail from inmate patients in the Hospital is
deposited with the Hospital Security Officer and processed
through second shift hospital mail bags. All inmate outgoing mail
except that which is oversized or must be weighed shall be
deposited in the drop boxes in HU 1-5 and the MSU/HU #6. Inmates
confined in the hospital and the Control Unit will follow the
procedure described above. Mail that must be weighed or is
oversized will be given to Correctional Staff and immediately
placed in the mail bag. Following the 9 p.m. count, all mail will
be removed from the drop boxes and placed in the mail bags for
delivery to the Master Control Center. All mail will be handled
in this manner. Correctional staff will not hand-carry individual
inmate outgoing mail across the yard.
- All inmate outgoing mail will be delivered to the Master
Control Center by Second Shift Correctional Personnel. At the
completion of the Second Shift, officers assigned by the Control
Unit, Hospital, "inside" housing units and MSU/HU #6 will deliver
their respective mail to the Master Control Center as they depart
at shift relief.
- All other procedures for handling outgoing mail will be done
by Third Shift Personnel. The Third Shift Supervisor will
designate an officer in the Master Control Center to separate the
mail into normal/routine stamped inmate mail, inmate legal mail,
indigent mail, inmate mail requesting a billing statement or
credit, mail with inmate checks, and misdirected mail. Mail as
divided will be further separated into out-of-town and in-town
mail. Mail will be counted, sealed, batched and banded and placed
in a box in the Master Control Center. Mail Room Personnel will
pick up the mail, record the total number of letters on the daily
log, check any free stamp credits off the applicable inmate's
card, record legal mail, redirect any misdirected mail, and
return any "bill me later" items to the inmates.
- Outgoing administrative mail will be picked up by Mail Room
Personnel once in the morning at 7 a.m. and once in the afternoon
before 1:30 p.m. The mail will be picked up from the Inmate
Records Office. All outgoing mail, including legal and certified
mail, must be in the Mail Room by 1:30 p.m. Monday through
Friday, if it is to be sent that day. Only letters and packages
with U.S. Postage stamps affixed will be sent out on Saturday, as
there will be NO metered mail service. Saturday's only outgoing
mail is taken to the Post Office at about 7 am. There is no
outgoing mail service on Sundays or legal holidays.
- The only inter-office mail an inmate may send out of the
institution is: A Step Two Grievance; a disciplinary appeal;
correspondence pertaining to classification; a good time appeal;
or an inquiry to Inmate Accounting. Correspondence sent through
inter-office mail may either be folded, stapled or placed in an
envelope. In any case it will be clearly marked with the proper
return address and must include the committed name and/or legal
name, if the name change was made following the inmate's
commitment. Employees shall not assume responsibility for mailing
grievances for inmates through interoffice mail.
- Inmate checks (DCS-A-acc-010) will be accepted for legal mail
and for packages and envelopes which obviously require more than
regular first class postage. Inmate checks will not be accepted
for conventional letters requiring only one first class postage
stamp unless they are from inmates confined in segregation who
have not yet had the opportunity to order canteen items.
- No inmate check may be written in excess of the amount in the
inmate's trust fund balance without the approval of the Warden or
designee. Indigents are authorized to originate inmate checks to
cover the cost of mailing legal documents. The amount by which
the inmate check exceeds the inmate's existing balance will be
carried until such time as sufficient funds become available in
the inmate's account.
- Inmate checks must be filled out correctly, endorsed by the
inmate, witnessed by a staff member and approved by the Unit
Manager or designee. Staff signatures should be legible. The
amount must be left blank, as this will be completed by Mail Room
Personnel. If the inmate check is not filled out correctly, it,
along with the letter(s) or package(s), will be returned to the
inmate sender.
- Any correspondence from an inmate which is classified as a
"bill me later" item will be returned to the inmate by Mail Room
Personnel with an explanation (Attachment 1) that it must be
prepaid. No items will be ordered on credit by an inmate.
- Privileged Mail
- Any incoming mail marked "attorney-client" or which in some
other fashion is indicated clearly as being correspondence from a
court, a member of a local, state or national bar association, or
a bona fide law firm, or the State Ombudsman's Office, will be
opened only in the presence of the inmate addressee and will
require special record-keeping procedures applicable to items of
privileged mail. The name of the court or law firm must appear in
commercial printing on the envelope, clearly identifying the
sender as one entitled to send privileged mail.
Any incoming mail from a Federal or State official, including
officials of the Department of Correctional Services, paroling or
pardoning authorities, administrators of grievance systems, and
similar bodies, must include the specific name as well as the
official status of the sender in commercial printing on the
envelope to be accorded privileged status. If the commercial
printing on the envelope does not include the name of the sender,
it may be typed above or below the printed return address. Any
official sender using envelopes which do not include a
commercially printed name or official status, who desires to have
his or her mail treated as privileged, must acquire prior written
approval from the Warden. Without such written approval, such
mail, even if marked privileged, will be handled as standard
incoming mail.
Any mass mailings marked "bulk mail" or "non-profit mail"
pursuant to U.S. Postal Service Domestic Mail Manual, Chapter
Six, and sent for less than First Class postage rates, will not
be considered privileged.
- All mail determined to be privileged will be logged on the
applicable housing unit's Confidential Mail Receipt Log
(DCS-A-adm-055- - Attachment 5) in duplicate by Mail Room
Personnel. Unit Managers or their designees will pick up all
privileged mail in the Mail Room by 2 p.m. and sign the duplicate
log sheet. The duplicate copy will be left in the Mail Room. On
delivery of all privileged mail and subsequent completion of the
original Confidential Mail Receipt Form, unit staff will sign and
return the original to the Mail Room where it will be retained on
file. The duplicate copy will be destroyed.
Privileged mail will be delivered directly to the inmate in his
living location by the Unit Manager or designee. It will be
opened only in the presence of the inmate/addressee and the
contents checked for contraband and money. If money, is
discovered the Unit Manager or designee will return it to the
Mail Room for logging prior to delivery to the Accounting Clerk
I. A notation of contraband discovery will be made by the Unit
Manager or designee on the Confidential Mail Receipt Form under
the "comments" section. Comments will include time of delivery
and money amounts discovered. The inmate/addressee will sign the
form indicating receipt of the letter. At the time privileged
mail is opened it shall not be read unless there is clear and
convincing evidence that such mail could constitute a threat to
the security, safety, or good order of the institution. If such
mail or enclosures are deemed to pose such a threat, the Unit
Manager will promptly contact the Unit Administrator or designee
and receive instructions on how to dispose of the mail. Treatment
materials, inmate file extracts, and official policy statements
are examples of items which may be classified as contraband. A
notation of the problem will be made by the Unit Manager or
designee on the Confidential Mail Receipt Form under the
"comments" section.
The delivery of privileged mail shall be carried out by Housing
Unit Staff each day mail is delivered to the facility.
Inmates may send sealed letters to all classes of individuals as
enumerated in subparagraph F. 1. above. The Warden may choose to
attach to any such outgoing mail a statement disclaiming any
administrative responsibility for the nature or contents of the
same. It should be noted that legal correspondence or court
filings in preparation are not privileged in the context
of this usage, for they will need to be accessible to staff for
notarizing, copying, etc.
- Inmate to Inmate Mail
- Mail from inmates housed at the Penitentiary or at
other Nebraska or out of state correctional institutions will
generally not be permitted since such mail is presumed to
constitute a threat to the security, safety or good order of the
facility and may jeopardize the rehabilitative progress of the
addressee. Such correspondence can be used to communicate escape
plans, to arrange assaults and other violent acts, and to
facilitate the development of informal or gang affiliated
organizations. Exceptions to this policy may be made by the
Warden on a case by case basis. For example: such mail may be
permitted when the inmates are related by blood or marriage or
have a common interest in a legal matter and the correspondence
does not otherwise pose a security risk. Inmates who are not
immediate family and who desire to correspond regarding a
parental interest in a child must show evidence of financial
support of that child. If incoming inmate to inmate arrangements
are approved, the Warden's Office will notify Mail Room Personnel
in writing. When such mail is denied, it will be returned to the
sending institution along with a general statement of the reason
for the denial. A similar written statement will be given to the
inmate to whom the mail was addressed (Attachment 1).
- Mail to inmates in other correctional institutions is
not allowed without the written approval of the Warden.
Authorized inmate to inmate mail may not be sealed by the sender
and may be inspected and read by staff as designated by the
Warden. Mail Room Personnel will maintain a log identifying those
inmates who are authorized to send mail to and receive mail from
other inmates, as well as identifying all inmate to inmate
correspondence authorized for review. All inmate-to-inmate mail
will be reviewed by any of the three (3) assigned Captains
(Administrative, Operational, or Investigative) who will inspect
and read same and report any concerns regarding content of such
mail to the Warden.
If the Warden believes that such mail could constitute a threat
to the safety, security, or good order of the facility, he/she
may return it to the sender. If the inmate sender wishes to
challenge the Warden's decision to return the mail, he may use
the Department's grievance mechanism as set forth in Rule 2.
- If an inmate attempts to send mail to an inmate in another
institution or in the same institution, the chief executive
officer at the sending institution shall have the authority to
interrupt the mail and return it to the sender under the same
standards as provided for incoming mail.
- When incoming mail from another inmate is denied, the mail
will be returned to the sending institution along with a general
statement of the reason for denial. A similar written statement
will be given to the inmate to whom the mail was addressed. If
either the sender or the addressee wishes to challenge the thief
executive officer's decision to return the mail, the inmate may
use the department's grievance mechanism.
- Mail from inmates in other correctional facilities or the
same facility may not be sealed by the sender and may be
inspected and read by staff at the sending and receiving
institutions. The chief executive officer at the sending
institution shall also have the right to interrupt mail and
return it to the sender under the same standards set out
above.
- Stamps for Indigent inmates
- Indigent inmates may receive five (5) postage stamp credits
per month or the equivalent in metered mail to send legal letters
and to maintain community ties. An "indigent inmate" is one who
is unassigned for 30 days or more and who has not had a balance
of $10 or more in his trust fund account during the past 30 days
(see O/M 204.001.102- "State Issue Procedure for Indigent
Inmates"). Stamps not used during a given month will not be
carried forward to the next month. If an indigent inmate exceeds
his five stamp postal allowance allocation during a given month,
he may be advanced credit by Central Accounting so that his mail
may be posted to the courts. The inmate must attach a completed
inmate check to his mail to receive this credit allowance. Mail
Room Personnel are responsible for maintaining accurate stamp
accounts on the Indigent Inmate Stamp Record (DCS-A-adm-084-
-Attachment 6) pertaining to state issue stamp credits. Unit
staff are responsible for notifying the mailroom of which inmates
should be on indigent status. When the inmate is no longer on
indigent status, the unit staff will so notify the mailroom in
writing.
- Forwarding of Mail
- Upon an inmate's release, Mail Room Personnel will identify
his forwarding address on the computer quick check information
screen. First class mail will be forwarded by the Mail Room for
up to one year. Subscriptions will be forwarded for a period of
60 days. In instances where a forwarding address is not
available, mail will be returned to the sender. Third class
("Bulk") mail will normally be destroyed.
All first class mail and legal mail received for inmates who are
out to court will be forwarded to the inmate unopened.
If an inmate on remand to the courts is discharged/released from
the jurisdiction of the state by court action, it will be that
inmate's responsibility to provide a forwarding address on his
return to the institution for out-processing.
- State and Federal Laws and Agency Rules and Regulations
-
- Inmates shall be made aware that they are subject to all
Federal/State laws governing the use of the mails and that any
complaints from recipients of their mail will be referred to
proper authority for appropriate action. Information governing
mail regulations and procedures shall be disseminated through the
orientation program and the Department's Inmate Rule Book. Each
inmate will inform his correspondents of these regulations.
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