Reading/Disapproval of Outgoing Non-privileged Mail/Publications/Excess Pages

It is the policy of the Massachusetts Department of Correction not to read or censor outgoing mail, except where necessary to protect legitimate governmental interests. (1) The Superintendent may authorize the reading of outgoing non-privileged mail when in the Superintendent’s opinion such action is necessary to prevent the transmission of materials and/or information which represents a threat to security, order, rehabilitation or to the public safety. (2) For outgoing mail, such authorization may be granted when the Superintendent has received specific information that mail contains information which may jeopardize security, order, rehabilitation or the public safety. Ordinarily, such specific information shall indicate that the contents of the outgoing non-privileged mail fall as a whole or in significant part into any one of the following categories: (a) The non-privileged mail contains a transmittal of plans for escape or to introduce contraband into the prison; (b) The non-privileged mail contains plans for criminal activity or any activity which violates any Departmental or institutional rule, regulation, order or policy; (c) The non-privileged mail is written, in whole or in part, in code; (d) The non-privileged mail contains threatening or harassing language or material, including sexually explicit material, intended for unwilling recipients; (e) The non-privileged mail contains or appears to contain unsanitary or hazardous material (e.g. feces, insects, dirt, debris); (f) The non-privileged mail contains an extortion demand(s); (g) The non-privileged mail contains cash, drugs, jewelry or other contraband for transmittal outside the prison; (h) The non-privileged mail is addressed to a recipient who has previously requested not to receive correspondence from the inmate pursuant to 103 CMR 481.19; (i) The non-privileged mail has an improper or no return address; or (j) The non-privileged mail contains material not intended for the addressee, but rather, material intended for other parties. Where outgoing mail is read pursuant to 103 CMR 481.14, and prohibited information is found, the mail or relevant portion thereof may be confiscated or copied in the furtherance of an investigation. Notice of a confiscation shall be given to the inmate in accordance with 103 CMR 481.16. (3) No employee may read outgoing non-privileged inmate mail, unless such reading is done in accordance with 103 CMR 481.14(1) and (2). (4) Any employee reading inmate outgoing non-privileged mail pursuant to the Superintendent's authorization shall record such action in a log book maintained for such purpose.