Procedural Requirements for Disapproval of Incoming Non-privileged Mail/Publications/Excess

Pages (1) Incoming Non-privileged Mail. When any non-privileged mail or portion thereof, addressed to an inmate, is received at the institution, but is not delivered to the inmate for any reason set forth in 103 CMR 481.13, the inmate, and the sender when identifiable, shall be promptly notified, in writing, of the following: (a) the reason(s) for refusing to deliver the non-privileged mail or a portion thereof to an inmate; and (b) the fact that a written appeal may be submitted by the inmate or sender to the Superintendent. (2) Publications. When any Publication addressed to an inmate is received at the institution, but is not delivered to an inmate for any reason set forth in 103 CMR 481.13, the inmate, and the publisher when identifiable, shall be promptly notified, in writing, of the following: (a) the reason(s) for refusing to deliver the Publication to an inmate(s); and (b) the fact that a written appeal may be submitted by the inmate or publisher to the Superintendent. (3) A single notice of rejection to the publisher from a particular institution or the Department shall be sufficient where more than one inmate at the institution or within the Department receives the subscription Publication. (4) The Deputy Superintendent may permit an inmate an opportunity to inspect, in the presence of correctional personnel, any disapproved material for purposes of filing an appeal, unless such review may provide the inmate with information of a nature which is deemed a threat or detriment to the security, good order or discipline of the institution or which might encourage or instruct in criminal activity. An inmate has the right to appeal the disapproval to the Superintendent by submission of a written appeal within seven calendar days of receipt of the Disapproved Mail/Publication/Excess Pages and Contraband Notice. (5) The Superintendent shall, within a reasonable time from receipt of such an appeal, make a decision and notify the inmate. Where criminal activity is suspected, in addition to the foregoing procedures, the matter shall be referred to the appropriate law enforcement agency by the Superintendent (e.g., U.S. Postal Service, FBI, State Police, district attorney), and the Commissioner shall be promptly notified.