Reading/Censoring/Disapproval of Incoming, Non-privileged Mail/Publications/ExcessPages

Incoming Mail. 00It is the policy of the Department not to read, censor, or disapprove incoming mail, except where necessary to protect legitimate governmental interests. The Superintendent may authorize the reading, censoring or disapproval of incoming non-privileged mail only to prevent interference with institutional goals of security, order, discipline, or if the non-privileged mail might facilitate, encourage, or instruct in, criminal activity. Disapproval of incoming, non-privileged mail shall not be based upon an employee's personal views about the mail. The Deputy Superintendent or designee may disapprove receipt by an inmate of non-privileged mail, the contents of which fall as a whole or in significant part into any one of the following categories: (a) The non-privileged mail contains depictions or descriptions of procedures for the construction or use of weapons, ammunition, bombs or incendiary devices; (b) The non-privileged mail contains depictions, descriptions or encouragement of methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of any correctional institution within the Commonwealth; (c) The non-privileged mail contains depictions or descriptions of procedures for the brewing of alcoholic beverages, or the manufacture of drugs; (d) The non-privileged mail is written, in whole or in part, in code; (e) The non-privileged mail contains depictions, descriptions or encouragement of activities that may lead to the use of physical violence or group disruption; (f) The non-privileged mail contains encouragements or instructions in the commission of criminal activity; (g) The non-privileged mail contains sexually explicit pictorial material or material which features nudity which, by its nature or content, poses a threat to the security, good order, or discipline of the institution; and (h) The non-privileged mail facilitates the introduction of contraband drugs and other contraband. (i) The non-privileged mail, including any attachments or enclosures, contains Excess Pages. (3) Incoming Publications. (a) The Deputy Superintendent may reject a Publication within a reasonable time of receipt to prevent interference with institutional goals of security, order, rehabilitation, or if the Publication facilitates, encourages, and/or instructs in criminal activity. The Deputy Superintendent may not reject a Publication solely because its content is religious, philosophical, political, social, or because its content is unpopular or repugnant. Publications which may be rejected by a Deputy Superintendent include, but are not limited to, Publications which fall within one of the categories listed in 103 CMR 481.14(2)(a) through (i). An inmate may not receive more than one copy of a particular issue of a Publication. (b) Publications may be excluded solely because they contain sexually explicit material or feature nudity as defined in 103 CMR 481.05. In addition, the Deputy Superintendent of the Treatment Center, with the approval of the Commissioner, may exclude additional types of material that may interfere with the treatment and rehabilitation process at that institution. (c) It is the Deputy Superintendent's decision as to whether or not a Publication should be excluded. (d) Sexually explicit material does not include material of a news or information type, or material illustrative of medical, educational, or anthropological content. (e) Deputy Superintendents may not establish an excluded list of Publications. Deputy Superintendents should review each issue of a subscription Publication prior to rejection of the issue. Rejection of several issues of a subscription Publication is not sufficient reason to reject the subscription in its entirety. (f) Where a Publication is rejected, the procedural requirements of 103 CMR 481.15 shall be followed. The notice required by 103 CMR 481.15 shall contain reference to the specific article(s) or material(s) considered objectionable. (4) Any employee reading inmate incoming mail pursuant to the Superintendent's authorization shall record such action in a logbook maintained for such purpose.