Definitions

Attorney Verification System (AVS). System consisting of numerical codes and/or individualized stickers, which is utilized to verify legitimate privileged mail. (Mass. Register #1483, 11/25/2022) Commissioner. The chief executive officer of the Department of Correction. Court Official. A judge, court or an employee of a court of the United States or of the Commonwealth of Massachusetts, or an attorney employed by a state or federal governmental agency. Deputy Superintendent. A deputy administrative officer of a state correctional institution. Excess Pages. Excess pages include any portion extracted, photocopied, or clipped from a non- privileged publication, provided, however, that an inmate may receive a maximum of five pages per day, except Sundays and postal holidays, of a portion extracted, photocopied, or clipped from such items as an attachment to non-privileged personal mail. Nothing in Excess Pages shall be construed to limit the number of pages attached to, or enclosed with, privileged mail. Indigent Inmate. Upon request for waiver of fees or cost, an inmate may be declared indigent if: (a) At the time of the request, the inmate has, in all accounts to which the inmate has access, a total amount less than or equal to $10.00 plus the cost or fees sought to be waived; and (b) At no time for the 60 days immediately preceding said request, have the inmate's accounts contained more than $10.00 plus the cost or fees sought to be waived. (e.g. request to waiver $5.00 on July 1, 2015; indigent if, at no time since May 1, 2015, total in accounts has been more than $15.00). In addition to 103 CMR 481.05: Indigent Inmate(a) or (b), the Superintendent may in the Superintendent’s discretion, designate an inmate as indigent if the inmate has less than $2.00 in their account at the time of the request, or in other circumstances as the Superintendent deems appropriate. Inmate. For the purposes of 103 CMR 481.00 only, an individual, whether in pretrial, unsentenced, or sentenced status, who is confined in a correctional institution, including those individuals admitted for evaluation or commitment to the Bridgewater State Hospital, and at the Massachusetts Treatment Center. Mail. The term "mail" in this policy refers to correspondence, packages, or other physical mailings sent via the United States Postal System, or other authorized carrier. Mail Officer. The employee at a correctional institution whose duties include the processing of mail. Nudity. A pictorial depiction where genitalia, buttocks or breasts of individuals identifying as female are exposed. Publications containing nudity illustrative of medical, educational, or anthropological content may be excluded from this definition. Privileged Mail Logbook. A logbook utilized to document the inmate’s receipt of privileged mail. Publication. Any non-privileged book, booklet, pamphlet, magazine, periodical, newsletter, newspaper, or self-published document, published by any individual, organization, company, or corporation, or governmental entity, which is generally available to the public through any means or media in printed or electronic form. Sexually Explicit. A pictorial depiction of actual or simulated sexual acts, including sexual intercourse, anal or oral sex, or masturbation or material which promotes itself based upon such depictions on a routine or regular basis or in individual one-time issues. Superintendent. The chief administrative officer of a state correctional institution. 481.06 Institutional Procedures The Superintendent at each correctional institution shall develop written institutional policies designed to implement 103 CMR 481.00. Institutional policies regarding mail shall conform to the requirements set forth in 103 CMR 481.00 and shall be subject to the approval of the Commissioner or a designee. 481.07 Collection and Distribution of Mail (1) Outgoing mail shall be collected directly from a locked mail box by a Department employee, in accordance with an established schedule, at least once each day, except Sundays and postal holidays. Prior to outgoing mail being placed in the locked mailbox, staff shall verify that the inmate depositing mail into the box is in fact the inmate whose name and return address appear on the envelope and that the envelope is sealed. All outgoing mail shall be stamped on the reverse side of the envelope with language indicating that the correspondence is sent from a correctional institution. Mail shall be stamped in blue ink only; the stamp shall read as follows: "This correspondence is forwarded from a Massachusetts Correctional Institution. The contents may not have been evaluated and the Department is not responsible for the substance or content of the enclosed material. If you have received unwanted correspondence from this inmate, call 1-866-684-2846 to stop future correspondence." At no time shall outgoing mail be collected or otherwise handled by an inmate. All outgoing mail, including inter and intra-office mail, shall be processed through the institutional mailroom. Incoming mail shall be distributed to the receiving inmate by a DOC employee or electonically in accordance with an established schedule, at least once every day except Sundays and postal holidays, unless an article of mail is held pursuant to the provisions of 103 CMR 481.15 and 481.16. At no time shall incoming mail be distributed or otherwise handled by an inmate nor shall mail be left by the distributing employee in a commonly accessible place. Nothing in 103 CMR 481.00 shall limit the right of a Superintendent to withhold delivery of Publications from an inmate serving disciplinary detention. Outgoing mail shall be collected from the inmates and delivered to the post office, and incoming mail shall be picked up from the post office and processed in accordance with 103 CMR 481.07(2), except when an article of mail is held pursuant to the provisions of 103 CMR 481.16 and 481.17.