Identification and Processing of Privileged Mail

Outgoing privileged mail shall not be opened for inspection or any other purpose or otherwise impeded in its transmission, if it meets the following requirements: (a) it is addressed to a person listed in 103 CMR 481.10(1); (b) if the inmate acknowledges that they aree the sender of the correspondence or package, the inmate will be asked to open the correspondence or package for inspection; (c) it has been marked by the institution to indicate to the addressee that it has not been inspected or opened; and (d) it successfully passes a fluoroscope examination for contraband material if mailed from a medium or maximum security level facility, or, if mailed from a minimum or prerelease security level facility, it successfully passes a fluoroscope examination for contraband material when requested by the Superintendent and approved by the Commissioner. (2) Outgoing privileged mail that does not successfully pass a fluoroscope examination shall be processed as follows: (a) the inmate whose name appears on the return address shall be notified of the unsuccessful fluoroscope examination of the privileged mail; (b) if the inmate acknowledges that they are the sender of the privileged mail, the inmate will be asked to open the privileged mail for inspection; and (c) if an inmate refuses to open such privileged mail for inspection upon request, the addressee’s permission to open and inspect the privileged mail will be sought unless circumstances require the matter to be referred to the appropriate law enforcement agency by the Superintendent (e.g., U.S. Postal Service, State Police, Federal Bureau of Investigation, District Attorney) for handling as appropriate, and the Commissioner shall be notified. (3) Incoming privileged mail may be required to successfully pass a fluoroscope examination for contraband material but shall not be opened by a DOC employee except in the presence of the addressee inmate. A Privileged Mail Logbook shall be utilized to document the inmate’s receipt of the privileged mail. The purpose of the inspection will be to receive and receipt any funds enclosed for the inmate, and/or to prevent the transmission of contraband to the inmate. The processing of funds, and/or contraband found in mail shall be in accordance with 103 CMR 403.00: Inmate Property and 103 CMR 481.00. (4) In order to prevent fraudulent privileged mail from entering DOC facilities, the DOC may implement an Attorney Verification System (AVS). If an AVS is established, the Department shall create internal procedures, that at a minimum, consist of the following: (a) Any attorney wishing to send privileged mail must attempt to participate in the AVS; (b) Forms/applications to participate in the AVS must be completed in their entirety; (c) Procedures to process mail from an attorney who does not attempt to comply with the AVS, or if the Department is not able to verify the privileged mail through the AVS; (d) Incoming privileged mail may not be opened by a Department employee except in the presence of the addressee inmate and for the purpose of receiving and receipting of any funds enclosed for the inmate and/or ascertaining that its contents are free of contraband. Privileged mail which complies with the AVS is presumed to have no contraband. Notwithstanding the use of an AVS, the Department retains and reserves the right to employ in its discretion internal procedures including, but not limited to, the use of K-9 Units, fluoroscopes, photocopying, and field testing, to ensure that the mail is legitimate privileged correspondence, and does not include contraband, and to conduct further investigation as warranted. (e) Nothing in 103 CMR 481.11 shall prohibit the Department from developing an additional system for delivery of privileged mail through electronic mail.