mel arm-2. San Die 0 Count Sheriff?s De artment Det ntion Services Bureau - Manual of Policies and Procedures DATE: JANUARY 3, 2011 NUMBER: P.3 SUBJECT: . WMATE MAIL RELATED SECTIONS: P.5, P17 PURPOSE To establish uniform handling of US mail, incoming letters, electronic email messages, and periodicals to ensure prompt delivery. POLICY Inmates shall be allowed to receive and possess US. mail, incoming letters, electronic email messages, periodicals, magazines, and materials in the housing units to the extent that possession of such materials do not constitute a ?re hazard, or pose an unacceptable security risk by providing the means to hide contraband. Detention facilities shall provide for the reasonably prompt delivery of incoming materials and outgoing correspondence. All staff shall work for the reasonably prompt and correct delivery of all inmate mail. PROCEDURES I. PROCEDURES FOR HANDLING AUTHORIZED CORRESPONDENCE There is no limitation placed on the volume of mail an inmate may send or receive. A11 non con?dential/legal mail is subject to being read and copied. A. 1. R3 INMATE MAIL #1 U01 Con?dential/Legal Mail Inmates may correspond con?dentially with the State and Federal courts, any member of the State Bar or holder of public of?ce, Citizens Law Enforcement Review Board (CLERB) and the Corrections Standards Authority. Inmates may correspond con?dentially with the Facility Commander or the Assistant Facility Commander. It shall be the sender?s responsibility to clearly identify con?dentialflegal mail on the front of the envelope with the words ?Legal Mail? or ?Con?dential Mail? or similar descriptor. All incoming US. mail that comes within the purview of con?dential/legal mail shall be opened and inspected for contraband in the presence of the inmate. The mail shall then be given directly to the imnate. Electronic email messages received via the inmate email system are not considered con?dential/legal mail. Outgoing mail that comes within the purview of con?dentialflegal mail may be sealed by the inmate in the presence of a deputy after the deputy has inspected the envelope to ensure there is no contraband in it. Under no circumstances will a deputy accept a piece of scaled con?dential/legal mail from an inmate. If there is reasonable suspicion in the mind of the deputy as to the con?dentiality of the sealed outgoing mail, the deputy should contact the Watch Commander for a determination. Page 1 of 5 P.3 INMATE MAIL #11/01 All Western Union and US. Postal employees making deliveries or pickups are to transact their business at the Custody Information Of?ce. They are not admitted into the detention facility. All acceptable magazines, periodicals and soft cover books mailed directly from a publisher shall be marked ?property of? on the outside cover. The inmate?s name and booking number shall be ?lled in by the Detentions Information Assistant. Prior to accepting book deliveries through the Custody Information Of?ce, the following process will be followed: The Detentions Information Assistant will verify the inmate is in custody. If the inmate is not in custody, the package will not be accepted and shall be marked ?Return to Sender.? All unacceptable material shall be refused at time of delivery. Should any delivered material be deemed to be unacceptable, the material shall be returned to the sender. If the sender?s address is unlcnown, the material shall be handled as contraband and should be disposed of in an appropriate manner. Certi?ed and Registered Mail 1. All certi?ed and registered mail shall be accepted at the Custody Information Of?ce if the person is in custody at that facility, unless it is known to contain materials considered to be contraband. 2. The Detentions Information Assistant shall: a. Sign receipt for the registered/or certi?ed mail b. Complete a J-53 incoming property form and attach it to the mail c. Forward the incoming slip with attached mail immediately to the inmates housing module to obtain inmate signature 3 The housing deputy upon receipt of the -5 3 incoming property form and registered/certi?ed mail shall: Open and inspect mail immediately Ensure the inmate signs the J-53 incoming property form Sign name and place his/her ARJIS in the witness section Give inmate his/her mail Provide inmate with PINK copy of signed -53 form Forward the WHITE and CANARY of the -53 form to inmate processing The Detentions Processing Technician will ?le all copies into the inmates custody record. richness?: Housing Unit Deputies 1. Housing unit deputies shall open and inspect all US. and electronic mail and material for contraband, criminal conspiracies, and information regarding facility security. Questionable mail shall be immediately taken to the Watch Commander. If the Watch Commander determines that an article of mail is not to be delivered, the sender shall be: a. Noti?ed that the article was received and deemed not deliverable. Page 2 of 5 b. Noti?ed of the right to an informal hearing within 72 hours before a person of greater authority than the person who rejected the mail and; c. Given a ?nal written decision on the matter, if a healing was held. 2. The Watch Commander may have the material copied and sent to an appropriate authority for investigation or follow-up. 3. Unless the inmate is absent from the ?oor, the housing unit deputy shall see that all mail is delivered to the inmate prior to the end of his/her shift. 4. All acceptable incoming and outgoing mail and packages shall be sent or delivered as soon as possible and shall not be held more than 24 hours, excluding weekends and holidays. G. Each inmate shall be allowed to possess four (4) single copies of magazines and two (2) soft cover books (or any combination thereof) totaling no more than six (6) at any one time. 1. The inmate shall choose that any excess periodical be donated to the jail library or thrown away. Inmates shall not be allowed to release reading material to outside parties or to have the items placed in their property prior to release. 2. This total does not include any authorized religious or legal material. H. Periodic inspections of reading materials shall be made at the time of book exchanged/or during routine module inspections. 1. The facility shall not forward any inmate mail or magazines outside the Sheriff?s detention system. 1. The inmate is reSponsible, upon, or prior to release or transfer, to notify the senders of change of address. 2. Upon receipt of incoming US. mail, the Detentions Information Assistant will verify if the inmate is in custody by utilizing the MasterCard or Booking Summary screens. The inmate?s name, booking number, and housing unit must be clearly noted on all articles. 3. All US. Mail for an inmate no longer in custody shall be marked ?Return to Sender? and will be returned to the US. Postal System by the Custody Information Of?ce. 4. All subscription magazines for inmates out of custody shall be marked ?Return to Sender? and will be returned to the US. Postal Service by the Custody Information Of?ce. 5. Electronic email messages received for inmates out of custody shall be deleted ?om the message queue. J. Inmates without funds are permitted at least two postage paid envelopes each week to communicate with family and friends and unlimited postage paid correspondence with his/her attorney and the courts. Inmates without funds that are housed and have not received envelopes P.3 INMATE MAIL Page 3 of 5 #11/01 due to the store delivery date may request through the counseling of?ce for their letter to be mailed. 11. Magazines, periodicals, and soft covered books delivered to the facility by publishers, bookstores, or book clubs via the US. Postal Service may be accepted. The subject matter of some magazines, periodicals and soft covered books shall establish whether or not they are allowed in the detention facility housing units. The Watch Commander shall make this determination. The following items are not usually allowed inside the facility due to their construction or subj ect matter. A. Hardbound books of any nature. However, the Facility Commander has the prerogative to allow hardbound books into their facility that are less than 7? x_ 10.? B. Any material advocating the use of violence. C. Any material advocating criminal activity, violation of any criminal law, or violation of facility rules and regulations. D. Inmates are prohibited from possessing or receiving materials that show frontal nudity of either gender as described herein. Prohibited materials include personal photographs, drawings, magazines and/or pictorials. Frontal nudity includes either the exposed female breast(s) and] or the genitalia of either gender. B. Any personal photographs, drawings, magazines and/or pictorials displaying frontal nudity as described that are delivered to any detention facility or jail, in the possession of an inmate or found during routine cell searches, will be treated as contraband. Contraband will be handled by either disposing of the item or mailing at the expense of the inmate. U.S. MAIL BETWEEN DETENTION FACILITIES Inmates incarcerated within a Sheriff?s Detention Facility shall be permitted to correspond with inmates at other detention facilities including but not limited to Federal, State, and local detention facilities including those within this system. In most cases, the Warden?s prior approval of such facilities shall be given or the letters may be returned. IV. UNSUBSCRIBED MAGAZINES Unsubscribed magazines, periodicals, or newsletters will not be delivered, and will be discarded. Where magazines, periodicals, or newsletters appear to be mass-mailed to all or a signi?cant portion of the jail population, it will be presumed that the inmate(s) do not have a subscription. Unless the inmate(s) or publisher can furnish the Watch Commander with evidence of the subscription, the magazines, periodicals, or newsletters will be discarded. V. UNSOLICITED ADVERTISEMENTS Unsolicited advertisements mailed to inmates will not be delivered, and are not subject to the noti?cation provisions of this section. Unsolicited advertisements include, but are not limited to: A. Materials for which the apparent primary purpose is to solicit a commercial transaction, or to promote products and/or services for the purpose of entering into a commercial transaction. B. Materials labeled as advertising. P.3 INMATE MAIL Page 4 of 5 #11/01 VI. P.3 INMATE MAIL #ll/Ol If an employee encounters unsolicited advertisements associated with a bail bond company, the advertisements will be provided to the Detention Processing Supervisor. The Detention Processing Supervisor will complete the -109 Bail Bond Solicitation Complaint form. The Detention Processing Supervisor will attach the ?Request for Professional Visit? card and the solicitation materials to the 1-109 Bail Bond Solicitation Complaint form and forward them to Sheriff?s Detention Processing Manager. This section does not apply to magazines or periodicals that contain advertisements. SOLICITED ADVERTISEMENTS Advertisements or solicitations that are sent at the request of the inmate will be delivered, provided the sender complies with the following: A. The advertisement or solicitation may not be sent to the inmate directly. The advertisement or solicitation must be sent to the Jail Facility Commander with the words, ?Requested Solicitation? on the front of the envelope. The envelope must bear the name. and address of the sender. The sender must include the name and the booking number of the inmate who has requested the advertisement or solicitation. The sender must include written evidence that the inmate has requested the solicitation or advertisement. 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