CH 04 Inmate Mail

Last modified by Ryan Larkin on 2021/12/01 19:43

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CH

Services and Programs

Chapter: 04

Inmate Mail

Replaces and/or Supersedes:

PH 01, PH 02, PH 03, PH 04, PH 09, PH 11, PH 20, OD-05-004-A, 11/10/2014

Published:

08/31/2015

Date Reviewed:

12/01/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CH 04_101 Definitions

CH 04_102 References

CH 04_103 General

CH 04_104 Addressing Mail

CH 04_105 Legal Mail

CH 04_106 Delivery Schedule

CH 04_107 Outside Correspondence

CH 04_108 Screening and Reading Mail

CH 04_109 Rejecting Mail

CH 04_110 Sexually Oriented Publications or Material

CH 04_111 Inflammatory Publications or Material

CH 04_112 Publisher-Only Rule

CH 04_113 Education and Religious Courses

CH 04_114 Professional Mail

CH 04_115 Volume of Letters

CH 04_116 Personal Mail

CH 04_117 Packages

CH 04_118 Postal Supplies

CH 04_119 Cash and Other Negotiable Instruments

CH 04_120 Media Correspondence

CH 04_121 Electronic Communication

CH 04_101 DEFINITIONS

WCSO: Washington County Sheriff's Office
PCF: Purgatory Correctional Facility
USPS: United States Postal Service
Sexually Explicit: Actual, simulated, or depicted conduct including sexual intercourse (including genital-genital, oral-genital, anal-genital, oral-anal), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person or animal. Any depiction where the viewer can observe any part of the genitals or pubic area of any depicted person or the breasts of any depicted female person.

CH 04_102 REFERENCES

Immigration and Customs Enforcement Standards:
1. 26.
Utah Counties Insurance Pool:
1. ML-V.A.6.
Utah Sheriffs' Association Jail Standards:
1. E01.01.01: Written Inmate Personal Mail Policies and Procedures Required
2. E01.02.01: Function of Mail Regulations
3. E01.02.02: Delivery Schedule
4. E01.02.03: Volume of Letters
5. E01.02.04: Length or Size of Letters
6. E01.02.05: Providing Writing Supplies and Postage
7. E01.02.06: Outside Correspondents
8. E01.02.07: Screening and Reading Mail
9. E01.02.08: Sexually Oriented Publications or Material
10. E01.02.09: Inflammatory and Gang-Related Publications or Material
11. E01.02.10: Rejecting Incoming Publications: Content Neutral
12. E01.02.11: Rejecting Publications: All or Nothing Rule
13. E01.02.12: Corresponding with Media
14. E01.03.01: Opening and Inspecting Mail
15. E01.03.02: Reading Mail
16. E01.03.03: Process for Rejecting Mail
17. E01.04.01: Publisher Only Rule
18. E01.04.02: Packages
19. E 01.04.03: Cash, Money Orders, Checks, and Other Negotiable Instruments

CH 04_103 GENERAL

Policy:
1. PCF shall have a mail system which:
  1. Permits inmates to send and receive legal and personal mail;
  2. Allows inmates to receive approved publications; and
  3. Functions consistent with the legitimate safety, security, and other legitimate interests of the jail.
Rationale:
1. Mail is an important means of assisting inmates to maintain family and community ties while incarcerated. Unfortunately, inmates may abuse the mail system to attempt to introduce contraband, conspire to violate the law or jail security, or otherwise frustrate the legitimate interests of the jail. Therefore, mail must be regulated and handled in a manner which does not compromise jail interests of safety, security, order, and treatment.

CH 04_104 ADDRESSING MAIL

Policy
1. Inmates' incoming mail shall be addressed with the following clearly printed on the card, publication or front of the envelope:
  1. First and last name of the addressee;
  2. At least first initial and last name of sender; and
  3. Sender's complete address
2. Inmates' outgoing mail shall be addressed with the following clearly printed on the card, publication, or front of the envelope:
  1. Inmate's first and last name;
  2. Inmate's name number;
  3. PCF's name;
  4. The return address; and
  5. Receiver's complete address.
Rationale
1. Mail clearly addressed to the individual inmate is necessary to maintain the order and efficiency of the mail system at the facility.

CH 04_105 LEGAL MAIL

Policy:
1. Inmates may access legal counsel via standard mail (USPS).
2. Legal mail shall not be denied or restricted.
3. Inmates may purchase additional paper, envelopes, and postage from the PCF commissary for legal correspondence purposes.
4. Legal mail includes mail-in communication with legal counsel to or from inmates.
5. Legal mail shall be identified by the sender by writing “legal” on the outside of the envelope to notify PCF staff that the contents contain material that is entitled to legal mail privileges.
6. Legal mail shall display the name and address of the sender on the outside of the envelope.
7. Legal mail may be verified for authenticity and checked for contraband. Legal mail shall be opened by PCF staff in the presence of the inmate sending or receiving it, except when contamination is suspected.
8. Legal mail shall be scanned, sealed, and initialed by a deputy in the inmate's presence. The deputy will then deliver the mail to the Mail Room for processing.
9. Legal mail shall not be read. A cursory scan of the documents to verify the legal nature thereof is permitted.
10. Delivery of legal mail shall be documented in the jail computer system.
11. Abuse of legal mail privileges shall be documented in the jail computer system and disciplinary actions shall be enforced.
Rationale:
1. Access to courts and legal counsel is a fundamental constitutional right.

CH 04_106 DELIVERY SCHEDULE

Policy:
1. Incoming mail shall be delivered Monday through Friday, excluding holidays.
2. Incoming mail should be delivered to inmates within 24 hours of the mail being received by the jail, excluding weekends and holidays.
3. Outgoing mail should be mailed out the day it is received from the inmate, except mail which is:
  1. Received after the close of business day, which shall be posted the following working day;
  2. Received on weekends or holidays, which shall be posted the following working day;
  3. Held for translation, which shall be posted within two working days; or
  4. Held for violation of law or jail regulation. Mail may be held or restricted for disciplinary reasons due to specific mail-related violations. Such violations must be documented and referred to a Disciplinary Hearing Officer (reference policy: CG 07 Punitive Discipline).
Rationale:
1. Restrictions or limitations on inmate access to mail are justified if they are reasonable and further a legitimate governmental interest.
2. Delaying mail unnecessarily or failing to staff the mail function sufficiently to avoid unreasonable delay may result in a civil rights claim.
3. The courts have not established clearly that any delay in mail is automatically a constitutional violation.
4. Weekend delivery of mail has not been required by the courts.
5. Delays or temporarily withdrawing mail as a punishment for a disciplinary violation serves a legitimate penological interest by making disciplinary punishment less comfortable.

CH 04_107 OUTSIDE CORRESPONDENTS

Policy:
1. Inmates are responsible for informing their friends, family or other correspondence of PCF's mail rules and regulations. Inmates shall be permitted to correspond with whomever they wish outside the jail, except that the jail may prohibit:
  1. Written correspondence with inmates in other correctional facilities; and
  2. Written correspondence which jail officials reasonably believe would jeopardize the safety, security, order, discipline, or treatment interests of the jail.
  3. Inmates' outgoing personal mail shall be mailed on a postcard (as described in CH 04_113), or in an envelope for legal, professional or specially approved purposes, with the following clearly printed on the front:
    1. Inmate's first and last name;
    2. Inmate's name number;
    3. PCF's name;
    4. The return address; and
    5. Receiver's complete address.
Rationale:
1. The U.S. Supreme Court has upheld policies that prohibit written inmate-to-inmate correspondence and other written correspondence which would jeopardize the legitimate penological interests of the jail.

CH 04_108 SCREENING AND READING MAIL

Policy:
1. Incoming mail shall be opened and inspected by PCF staff for contraband or prohibited content prior to delivery to inmates.
2. Outgoing mail may be opened and inspected for contraband after receiving from the inmate and prior to being sent out of the facility.
3. Electronic inmate mail shall be inspected for prohibited content.
4. Mail may be opened and inspected during cell or area searches, if the mail is in the cell or area being searched.
5. Jail officials may screen, read, and, if necessary, refuse to deliver personal letters, publications, and other non-privileged mail. However, the objective underlying the screening policies, procedures, and, regulations shall:
  1. Further legitimate penological interests;
  2. Be rationally related to those objectives; and
  3. Be content-neutral, except as otherwise set forth in policy.
6. If publications or other personal communications are rejected on the basis of content, the entire publication should be rejected rather than removing the offending pages, passages, or words.
Rationale:
1. Correspondence between inmates and the free world provides a means of introducing contraband into the jail and planning actions that would jeopardize jail security, safety, order, and other legitimate interests. Opening and inspecting mail assists in the interdiction of contraband. The U.S. Supreme Court has recognized the need to open and inspect mail to protect security and other interests. Failure to inspect incoming or outgoing mail has the potential of reducing jail security, increasing risk of harm to staff members and other inmates, and impeding mission accomplishment.
2. The U.S. Supreme Court, in Turner v. Safley, set reasonableness as the standard for reviewing inmate mail. The court identified several factors that are relevant to, and that serve to channel, the reasonableness inquiry.
3. The U.S. Supreme Court has determined that if a publication contains portions that should be rejected, the entire publication should be refused rather than simply tearing out the offending material.

CH 04_109 REJECTING MAIL

Policy:
1. If any publication or other mail is rejected, the rejection shall be documented in the jail computer system and the sender, if known, and the addressee shall be notified in writing of the:
  1. Rejection of the correspondence;
  2. Reasons that the correspondence was rejected; and
  3. Process for informally appealing the rejection to the Corrections Chief Deputy.
2. Reasons that incoming and outgoing mail may be rejected include, but are not limited to:
  1. Material depicting activities that present a significant risk of physical violence or group disruption, for example, material dealing with the subjects of self-defense or survival, weaponry, armaments, explosives, or incendiary devices;
  2. Information regarding escape plots, plans to commit illegal activities or to violate PCF rules or facility guidelines;
  3. Information regarding the production of drugs or alcohol;
  4. Sexually explicit material, as defined in this policy;
  5. Threats, extortion, obscenity, or gratuitous profanity;
  6. Cryptographies or other codes that may be used as a form of communication;
  7. Mail with postcard markings or information other than the return address and the recipient's address;
  8. Correspondence to or from another inmate;
  9. No return address;
  10. Use of PCF forms, other than as intended;
  11. Photographs exceeding 5X7 inches;
  12. Polaroid-style photographs;
  13. Stickers, tape, glitter, glue, fragrances, paint, crayons, markers or other unknown substances;
  14. “Bill me later” correspondence;
  15. Personal mail that has not been pre-approved or is not on a postcard as designated in CH 04_115;
  16. Defaced or altered postcards;
  17. Plastic or wrappings on postcards;
  18. Oversized or undersized postcard; Catalog requests (catalogs for authorized purchases will be maintained by the Programming Unit and are available for inmate use);
  19. Other contraband. A package received without the Corrections Chief Deputy’s prior authorization is considered contraband; and
  20. Correspondence in anyway used to circumvent the requirements or prohibitions of this policy, including correspondence posing as mail from a category other than its true classification.
Rationale:
1. The person with whom the inmate is corresponding may not be familiar with the jail's mail regulations, and thus, would be unaware that he/she was in violation of the regulations. The sender, even if aware of the regulations, may wish to argue that the correspondence did not create a violation. The sender has a right to expect delivery of mail to the inmate to whom it is addressed unless the mail violates the law or is contrary to a jail rule which has a valid, rational connection to a legitimate penological interest. The inmate is also entitled to know if, and why, a piece of mail was rejected.

CH 04_110 SEXUALLY ORIENTED PUBLICATIONS OR MATERIAL

Policy:
1. Sexually oriented publications or other materials may be rejected if the content would or could:
  1. Violate state obscenity laws;
  2. Pose a threat to the security, good order, or discipline of the jail, or would facilitate criminal activity;
  3. Exacerbate tensions and lead indirectly to disorder, even if they did not lead directly to violence;
  4. Encourage or support a tendency to objectify other persons;
  5. Undermine treatment goals; or
  6. Create a hostile work environment for staff or other inmates.
2. Sexually explicit material, as defined in this policy, shall not be permitted.
Rationale:
1. State law makes it unlawful to distribute pornographic material.
2. While the First Amendment generally protects access to sexually oriented materials which do not otherwise violate valid federal or state obscenity laws (e.g., child pornography), the legitimate penological interests of corrections management justify greater restriction of access to such material. Admission of publications may lead directly to violence or exacerbate tensions and lead indirectly to disorder. Sexually explicit materials may hamper treatment efforts among the sex-offender population. Thus, it is necessary to restrict the introduction and inmate possession of sexually oriented materials.
3. Sexually explicit materials if viewed by other inmates or staff members may be offensive to such persons; thus, creating a hostile work environment.

CH 04_111 INFLAMMATORY PUBLICATIONS OR MATERIAL

Policy:
1. Inflammatory publications or other materials may be rejected if:
  1. They would violate state law;
  2. By their nature or content they would pose a threat to the security, good order, or discipline of the jail, or would facilitate criminal activity; or
  3. They would exacerbate tensions and lead indirectly to disorder, even if they did not lead directly to violence.
Rationale:
1. The U.S. Supreme Court, in Turner v. Safley, set reasonableness as the standard for reviewing inmate mail. The court identified several factors that are relevant to, and that serve to channel, the reasonableness inquiry.

CH 04_112 PUBLISHER-ONLY RULE

Policy:
1. Books, magazines, newspapers, and other commercially produced material (e.g., crossword puzzles) procured from outside the jail must be received directly from the publisher, or authorized national-level distributor (e.g., Amazon.com). A list of current authorized distributors shall be maintained by the PCF Mail Room.
2. Photocopies, clips, or portions of books, magazines, newspapers, or other copyright-protected material shall not be permitted to circumvent the publisher-only rule and shall not be accepted.
Rationale:
1. A publisher-only rule is permitted by the U.S. Supreme Court.

CH 04_113 EDUCATIONAL AND RELIGIOUS COURSES

Policy:
1. Educational or religious courses and its accompanying mail must be approved through the Programming Department.
2. Upon approval any course correspondence material will be mailed out through the Programming Department.
3. The Programming Department will pay postage for the course materials being sent out of the facility.
Rational:
1. Educational or religious correspondences can play a significant role in the rehabilitation process.

CH 04_114 PROFESSIONAL MAIL

Policy:
1. Professional mail includes, but is not limited to, correspondence with;
  1. Financial institutions;
  2. Medical providers; and
  3. Courts and other government agencies.
2. Inmates may send and receive professional mail.
3. Envelopes stamped “Professional Mail” may be obtained through Commissary.
Rationale:
1. Professional correspondences may require the inclusion of additional forms, documents or otherwise lengthy materials.
2. Professional correspondence directly from a professional institution does not pose the same security risks associated with professional correspondence from a third party or personal correspondence.

CH 04_115 VOLUME OF LETTERS

Policy:
1. Inmates shall not be limited as to the number of letters they may send or receive, unless the volume is so great that it results in an unreasonable hardship on mail handling staff.
2. If inmates choose to store their mail, they should store it at their assigned housing location. Inmates should not be granted long-term storage for their mail in the Property Room. Short-term (30 days or less) storage in the Property Room may be granted at the discretion of the Property Room staff.
3. Inmates shall not be allowed to store mail at their housing location exceeding a single six-inch stack.
4. Inmates should be notified of any mail limits or restrictions.
Rationale:
1. Mail is an important inmate link to the family members and friends and should be restricted only in furtherance of legitimate penological interests. Where an inmate receives mail in such volume that it cannot be handled without substantially burdening existing mailroom resources, limits on the number of pieces of mail that will be processed each day may be imposed. The U.S. Supreme Court has recognized that corrections facilities have finite resources for handling mail.
2. Limits may be imposed on the volume of letters and other materials which may be stored in housing units. Excessive supplies of mail storage, especially in housing units, increase fire hazard risks (fuel load) and significantly increase search time for staff during contraband searches.

CH 04_116 PERSONAL MAIL

Policy:
1. Personal mail is any mail not otherwise described in this policy.
2. Inmates' incoming personal mail must be received on an approved postcard.
3. Inmate's outgoing personal mail shall be mailed on an approved postcard.
4. Postcard size requirements:
  1. Minimum size requirements are 3.5 inches by 5 inches.
  2. Maximum size requirements are 6 inches by 11.5 inches.
  3. Authorized postcards may be purchased from the PCF commissary.
5. Inmates should not be limited as to the number of outgoing postcards, except that the inmate must be able to afford additional postage, as required.
6. Special Circumstance Personal Mail may be sent out, or received by an inmate via envelopes.
  1. Special Circumstance Personal Mail must be approved by the Support Services Lieutenant via a request through the Telmate system. Each request will be reviewed on a case-by-case basis.
  2. Upon approval, “Special Circumstance” envelopes may be purchased through the PCF commissary and sent out.
  3. Approvals for a “Special Circumstance” envelope, at a minimum, must have a legitimate special circumstance (e.g. individuals living in a foreign country, individuals who do not have access, or cannot otherwise use the kiosk system).
7. Photographs that are not Polaroid-style may be mailed to the inmate provided the envelope is clearly marked “Photographs” and does not contain any type of written correspondence. The photographs must not exceed 5 inches by 7 inches in size. The inmate's name and name number must be written on the back of each photograph.
Rationale:
1. Requiring personal mail to be on postcards reduces the risk of introduction of contraband, improves the efficiency of mailroom operations, and reduces the risk of security breaches.
2. The security, safety, and efficiency management of correctional facilities are legitimate penological interests.

CH 04_117 PACKAGES

Policy:
1. Packages and padded envelopes shall be returned to the sender at the inmate's expense.
2. Under special circumstances, a package or padded envelope may be received but must be pre-approved by the Corrections Chief Deputy.
Rational:
1. Allowing inmates to receive packages creates the potential for serious security violations and other problems.
2. Incoming packages overly burden mailroom staff. The inspection process necessary to search for contraband involves a substantial and inordinate amount of available staff time. Packages and the items inside the packages provide a myriad of possibilities for disguising and hiding contraband.
3. The additional property from packages which accumulates in the cells would:
  1. Increase the risk of theft, gambling, and inmate conflicts;
  2. Increase the clutter, storage problems, and fire hazard (fuel load) inside cells;
  3. If an excess of property has to be stored outside the cell, exceed or tax the storage space available; and
  4. Result in sanitation problems (especially if food, other perishables, or unclean items are included in packages).

CH 04_118 POSTAL SUPPLIES

Policy:
1. Pre-paid postcards shall be made available for purchase by inmates for writing personal letters.
2. Inmates shall only be allowed to obtain postal supplies through PCF. Postal supplies sent in from family, friends, attorneys (blank postal supplies are not considered legal material), or other persons not incarcerated in PCF shall be refused.
3. Indigent supplies for personal mail may be limited to three postage-paid postcards and one pencil per week per inmate. Indigent inmates may also request to receive three sheets of paper, and one postage-paid envelope for legal mail or professional mail. Inmates shall be required to request indigent supplies through the Commissary Unit (reference policy: CH 08 Commissary).
Rationale:
1. The jail should provide the means for purchasing writing supplies and postage through controlled means. However, officials should not permit such items to be received by inmates directly from family members, friends, or other associates because allowing supplies to be received directly from family, friends, or other associates substantially increases the likelihood that those with whom inmates exchange mail will introduce or attempt to introduce contraband through the mail.
2. Some accommodations should be made to provide a limited amount of postal supplies for indigent inmates. However, the requirement to provide free postage is not a clearly established right for personal mail.
3. Stamps can be used as a monetary unit for gambling, paying illicit debts, etc. Therefore, jails are justified in refusing to allow inmates to possess stamps. Stamping or printing the name and address of the jail on envelopes sold to inmates makes it more difficult for inmates to use the mail to operate scams or other illicit activities from the jail. The federal courts have upheld the practice as constitutional.

CH 04_119 CASH AND OTHER NEGOTIABLE INSTRUMENTS

Policy:
1. Cash, money orders, checks, and other negotiable instruments shall not be delivered to inmates.
2. Cash, money orders, and cashiers checks shall not be accepted and shall not be credited to inmates' accounts. All negotiable instruments should be returned to the sender.
Rationale:
1. PCF's current online inmate accounting contract prohibits the acceptance of negotiable instruments via mail.
2. Cash in the possession of inmates creates a greater risk of theft, gambling, and other problems related to security and order than maintaining inmates' money in accounts controlled by the jail.
3. Policies prohibiting inmates from carrying cash have been affirmed by courts against constitutional challenge.

CH 04_120 MEDIA CORRESPONDENCE

Policy:
1. Inmates may correspond with the news media. Representatives of the news media may initiate correspondence with an inmate. However, news media correspondence shall not be protected or treated as legal or professional mail. The personal mail requirements set forth in CH 04_115 are applicable to correspondence with the media.
2. An inmate may not receive compensation or anything of value for correspondence with the news media, including, but not limited to, publishing under a byline.
3. An inmate may not act as a reporter.
Rationale:
1. Inmates are not permitted to operate a business while incarcerated at PCF.

CH 04_121 ELECTRONIC COMMUNICATION

Policy:
1. When timely communication through the mail is not possible, the Corrections Chief Deputy or designee may allow for a reasonable amount of communication by means of electronic device (e.g. Fax or Scan to email) between an inmate and designated legal counsel.
Rationale:
1. Inmates are not entitled to Electronic communication.