210 IAC 3-1-16 Mail and telephone communication

Sec. 16. (a) Each sheriff shall establish a written procedure consistent with Indiana and constitutional law governing inmate mail correspondence. (b) An inmate may send and receive an unlimited amount of correspondence to or from any person outside the jail in any language. However, inmates shall be prohibited from corresponding with other inmates within the jail or other correctional institutions without the prior written approval of the sheriff, their designee, and the proper authority of the other institution. (c) Correspondence to or from government officials, courts, or attorneys shall be considered privileged correspondence. Jail officials may open and inspect privileged correspondence only in the presence of the inmate for the purpose of examining the contents for contraband or prohibited property. Upon completion of the inspection, the item of correspondence must be promptly delivered or transmitted without: (1) reading; (2) censoring; (3) copying; or (4) further interfering with its delivery or transmission. (d) Correspondence from a person not enumerated in subsection (c) may be opened to: (1) inspect for and remove contraband or prohibited property; and (2) permit removal of funds for crediting the addressee's account. The correspondence may be read, rejected, censored, or copied based upon the matrix in Table 1. (e) Correspondence to a person not enumerated in subsection (c) may be sealed by the inmate. However, jail officials may read, reject, censor, or copy based on the matrix in Table 1. (f) Whenever jail officials delay incoming or outgoing mail for more than forty-eight (48) hours or censor, copy, or withhold correspondence, the inmate shall be given prompt written notice except as provided immediately below. Jail officials shall maintain a record of each decision to withhold, copy, censor, delay, or otherwise interfere with the prompt transmission of correspondence. Notice to the inmate of action taken on correspondence is not required based on reasonable suspicion or upon receipt of a written request from a supervising authority of any federal, state, or county agency stating the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and requesting the jail monitor the confined person's correspondence. (g) Jail officials may open all incoming and outgoing packages to inspect for and remove funds, contraband, or prohibited property. If contraband or prohibited property is removed from a package, the inmate must be notified in writing. (h) Jail officials may inspect all printed matter and exclude any material that is contraband or prohibited property. Following examination, printed matter may be read, rejected, censored, or copied based on the matrix in Table 1. A periodical may be excluded only on an issue by issue basis. Jail officials who withhold printed matter must notify the inmate of this action in writing. Table 1: Mail Policy Matrix INCOMING INSPECT READ CENSOR COPY REJECT MISC Personal May, at random. May, at random. No May, with probable cause. May, with reasonable cause to believe contents are in violation of policy and procedures. Books, magazines, and newspapers: "Publishers only rule" applies. Legally obscene material may be denied. Privileged / Legal Yes, in presence of inmate. No No No With reasonable cause. Author has right to protest. Public and government officials mail has privileged status. Religious Yes May, at random. No Yes, with reasonable cause. Yes, if clear and present danger. "Publishers only rule" applies. OUTGOING INSPECT READ CENSOR COPY REJECT MISC Personal Yes, may at random. May, at random. No May, with reasonable cause. May, with reasonable cause. Privileged / Legal Yes, in presence of inmate upon reasonable cause. No No No Yes, with reasonable cause, in the presence of inmate. Public and government officials mail has privileged status. Religious Yes May, at random. No Yes, with reasonable cause. Yes, if clear and present danger. (i) Inmates shall not be permitted to mail, receive, or possess the following: (1) Any matter tending to incite: (A) murder; (B) arson; (C) a riot; or (D) any form of violence or physical harm to any person or: (i) ethnic; (ii) gender; (iii) racial; (iv) religious; or (v) other; group. (2) Any matter pertaining to blackmail or extortion. (3) Sending, receiving, or possessing contraband or prohibited property. (4) Plans to escape or assist an escape. (5) Plans to disrupt the order or breach the security of any facility. (6) Plans for any activity that violates the law, jail policy, or procedure. (7) Coded messages. (8) A description or recipe for any: (A) weapon; (B) explosive; (C) poison; or (D) destructive device. (9) Illustrations, explanations, or descriptions of how to sabotage or disrupt: (A) computers; (B) communications; or (C) electronics. (10) Recordable media. (11) Catalogs, advertisements, brochures, and material whose primary purpose is to sell a product or products or service or services, when taken as a whole, that lack serious literary, artistic, political, educational, or scientific value. (12) Maps. (13) Any matter pertaining to gambling or a lottery. (14) Markings on an envelope or wrapper that are obscene materials as defined in this article. (15) Obscene material and information concerning where, how, or from whom obscene material may be obtained. (j) Indigent inmates shall be furnished with free writing supplies and postage sufficient for at least two (2) personal mailings per week. (k) Upon mailing, indigent inmates shall be provided one (1) free copy of each legal correspondence that addresses issues involving their conditions of confinement. Indigent inmates shall be afforded sufficient postage, envelopes, and writing material for approved legal mailings. (l) Inmate telephone conversations may be subject to monitoring and recording provided inmates are informed prior to or during each call, by signs posted on or near the telephones, a recorded message prior to the phone call informing the arrestee or inmate the call is being recorded or in the rule book provided each inmate. Conversations between an inmate and his or her legal representative may not be monitored or recorded without a court order. (m) Inmate telephones may be turned off in those areas affected prior to the transport of inmates into the community or transfer to another facility, or for security reasons.