240-RICR-10-00-1
240-RICR-10-00-1. Inmate Mail (version Amendment, 08/08/2016 to 08/28/2018)
RHODE ISLAND DEPARTMENT OF CORRECTIONS
POLICY AND PROCEDURE
POLICY NUMBER:
24.01-7 DOC
EFFECTIVE DATE:
8/8/2016
PAGE 1 OF 21
SUPERCEDES:
24.01-6 DOC
DIRECTOR:
Please use BLUE ink.
SECTION:
MAIL, TELEPHONE, VISITING
SUBJECT:
INMATE MAIL
AUTHORITY: Rhode Island General Laws (RIGL) § 42-56-10 (22), Powers of the
director; § 42-56-1, Declaration of Policy;
REFERENCES: ACA standard #'s 4-4487 (inmate corresp.); 4-4488 (when inmate bears costs, limits
related to security); 4-4489 (indigent inmates' postage allowance); 4-4490 (inmate access to
publications); 4-4491 (inspection for contraband); 4-4492 (sealed letters to specified classes); 4-4493
(inspection to intercept cash, etc.); 4-4494 (contraband - inspection, disposition); 4-4495 (incoming and
outgoing letters and packages - limit on # of hours held); 4-4496 (forwarding mail following an
inmate's release); the most recent version of RIDOC Policy #'s 2.09 DOC, Accountability of Inmate
Money/Checks; 2.17 DOC, Inmate Accounts; 2.25 DOC, Indigent Inmates; 9.14 DOC, Detecting and
Controlling Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and
Body Cavity Searches) or in Inmate Transport Vehicles; 13.10 DOC, Inmate Grievance Procedure;
14.01 DOC, Intake/Committing Process; 14.03 DOC, Inmate Property Accountability; 20.07 DOC,
Notifying Offenders of Their Duty to Register with Law Enforcement Agencies and Procedures for
Community Notification; 24.03 DOC, Visits; Amatel v. Reno, 156 F.3d 192 (D.C. Cir. 1998); Mauro v.
Arpaio, 188 F.3d 1054 (9th Cir. 1999); RIGL § 11-37.1-1 et seq., Sexual Offender Registration and
Community Notification, RIGL § 15-1-1 Domestic Relations – persons eligible to marry
INMATE / PUBLIC ACCESS?
X YES
AVAILABLE IN SPANISH?
X YES
I.
PURPOSE:
To promulgate rules and guidelines governing inmate correspondence via postal service
for all facilities at the Adult Correctional Institution (ACI) and interoffice mail.
Public Notice: 5/21/2016
Public Hearing: N/A
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II.
POLICY:
Mail procedures are established and maintained to assist inmates in social, legal, business,
and other correspondence deemed appropriate. The following procedures govern the
management, collection, and/or distribution of inmate mail at all ACI facilities.
Inmates will be permitted uninterrupted correspondence and/or publications (e.g.,
letters,
memos,
greeting
cards,
books,
magazines,
etc.)
as
long
as
the
correspondence/publications pose no threat to the safety and security of the facility,
public officials, or the general public, do not hinder rehabilitation of an inmate, are not
being used to further illegal activities, and meet all other specifications contained within
this policy.
III.
PROCEDURES:
A.
General Information
1.
Miscellaneous
a.
When the inmate bears the mailing cost, there is no limit on the
volume of letters the inmate can send or receive or on the length,
language, content, or source of mail, or publications except when
there is reasonable belief that limitation is necessary to protect public
safety or institutional order and security, assist the rehabilitation of
an inmate, and/or prevent the furthering of illegal activities.
b.
All facility mailrooms are “OUT OF BOUNDS” to all inmates and
unauthorized staff.
c.
Mail returned to the Rhode Island Department of Corrections
(RIDOC) via the United States Postal Service (USPS) (i.e., “Return
to Sender”) will be handled in the following manner:
(1)
Mail originally sent from an inmate as privileged mail [i.e.,
addressed to an attorney or any other individual/agency
listed in item III.B.1.b.(1)-(18)] is considered privileged mail
upon its return to the facility and is subject to the procedures
outlined in item III.B.2., Incoming Privileged Mail.
(2)
Mail originally sent from an inmate as non-privileged mail
[i.e., addressed to someone other than an attorney or any
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other individual/agency listed in item III.B.1.b.(1)-(18)] is
considered non-privileged mail upon its return to the facility
and is subject to the procedures outlined in item III.C.2.,
Incoming Non-Privileged Mail.
2.
Incoming Mail – General Information
a.
Incoming mail is distributed to inmates within 24 hours of receipt
from the Post Office whenever possible, excluding weekends,
holidays and emergency situations.
b.
Incoming mail may be opened, inspected for contraband and read
by authorized institutional staff within the guidelines set forth in
this policy.
c.
All First Class mail (letters and packages) is forwarded by
appropriate facility, administrative and/or executive staff (e.g.,
facility Mail Officers, the Assistant to the Director, applicable Legal
Counsel staff) to inmates who have been transferred to other
facilities or institutions or released provided that a forwarding
address is available.
(1)
If forwarding addresses are not available, First Class letters
and packages are returned to senders.
(2)
First Class letters and packages sent to inmates who have
been transferred to out-of-state or federal facilities are
forwarded to the inmates, in care of the Wardens of the
receiving facilities.
d.
Mail received with postage due is returned to the sender.
If the sender is unknown, the postage due mail is returned to the
Post Office.
e.
Publications and/or packages containing commodities authorized
for inmate possession are not accepted on a C.O.D. basis.
f.
All authorized items shipped through the USPS are accepted on a
prepaid (in full) basis only.
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g.
Mail from inmates incarcerated at federal, county, municipal, and
other state correctional facilities, and from inmates on Home
Confinement addressed to inmates at the ACI is returned to the
sender, except in cases where the correspondence is between
immediate family members as defined in section III.A.3.e.
h.
All mail (letters, packages, etc.) is only accepted when arriving
through the USPS. Packages arriving from United Parcel Service
(UPS), Federal Express, etc., are not accepted.
i.
Removal of Items from Incoming Mail
(1)
In each case where it is deemed necessary to remove any
item(s) from incoming mail, a written record is made of such
action. A copy of this record is given to the affected inmate.
The record includes:
(a)
Inmate’s name and I.D. number;
(b)
Description of mail in question, to include a
description of the item;
(c)
Description of action taken and reason(s) for such
action;
(d)
Disposition of removed item(s); and
(e)
Signature of the mail officer
(2)
When contraband is found which is not otherwise illegal, a
notice is sent to the inmate, and the contraband is returned
to the sender at the inmate’s expense.
(a)
If there is no return address, contraband that is not
otherwise illegal is destroyed.
(b)
In the event that items are removed from mail, the
inmate may appeal the action taken through the
formalized inmate grievance procedure, consistent
with the most recent version of RIDOC Policy 13.10
DOC, Inmate Grievance Procedure.
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(3)
When illegal contraband is seized, procedures outlined in
the most recent version of RIDOC Policy 9.14 DOC,
Detecting and Confiscating Contraband on or in the
Possession of Inmates/Detainees (including Frisk, Strip and
Body Cavity Searches) or in Inmate Transport Vehicles.
(4)
Any cash, checks, postal notes, money orders, or drafts
found in incoming mail are seized and forwarded to the
Inmate Accounts Office to be deposited in the inmate’s
account, according to the most recent version of RIDOC
Policy 2.09 DOC, Accountability of Inmate Money/Checks.
A receipt of the transaction is given to the addressee, and a
copy is placed in the inmate’s facility file.
j.
Documentation/Notification Requirements for Disapproval of
Incoming Publications
(1)
When any written material (e.g., books, magazines,
periodicals, pamphlets, newspapers, newsletters, etc.), or
portion thereof, addressed to an inmate is received at the
facility, but is not deliverable to the inmate for any reason
set forth in section III.C.2.c., the inmate is promptly notified,
in writing, of the following:
(a)
The reason(s) for refusing to allow the material or a
portion thereof into the facility;
NOTE: See Section III.C.2.c.(4) for specific criteria for
prohibiting materials.
(b)
The process for the inmate to appeal the decision to
prohibit the material.
(2)
The publisher/sender, when identifiable, is notified via copy
of the inmate’s final notice of denial of the material issued by
the Publication Review Committee and may request a
review of this action by writing to the Assistant Director of
Institutions and Operations within fourteen (14) days of
receipt of notification.
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NOTE:
A
publisher
is
defined
as
a
business,
organization, or firm which issues and makes available to
the general public books and other publications for sale and
wide distribution.
(3)
Where criminal activity is suspected, in addition to the
procedures set forth in this policy, the matter is referred to
the appropriate law enforcement agency [e.g., USPS, Federal
Bureau of Investigation (FBI), Attorney General] by the
Director or designee [the Office of Inspections or the Special
Investigations Unit (SIU)].
NOTE: In the event library books are confiscated by staff
due to questions about the content of the material, the
review of the book(s) will follow the same procedures
outlined for incoming non-privileged mail. Notice that the
book(s) will be prohibited from the facilities will be sent to
the librarian by the ADIO after the review process is
completed.
k.
Unclaimed Mail
(1)
See the most recent version of RIDOC Policy 14.01 DOC,
Intake/Committing Process for procedures for handling
inmate property returned to RIDOC by the US Postal Service
as “undeliverable”.
(2)
Incoming mail for a released inmate for whom a valid
forwarding address is not available, and for whom there is no
return address is returned to the RIDOC central mailroom
where it is held for one (1) day, after which time it is returned
to the United States Post Office for disposition.
l.
Certified Mail
The mail officer maintains a logbook for incoming Certified Mail.
This logbook includes the date Certified Mail was received and the
date it was delivered to the inmate addressee.
(1)
Inmates receiving Certified Mail must sign the receipts (i.e.,
green cards).
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(2)
Once the inmate signs the receipt, the mail officer sends the
receipt back to the sender via USPS, and makes the
appropriate notations in the logbook.
3.
Outgoing Mail – General Information
a.
Outgoing mail receptacles are available to inmates in each facility.
b.
Outgoing mail is transmitted to the Post Office within a 24-hour
period whenever possible, excluding weekends, holidays, and
emergency situations.
c.
The inmate sender must list his/her name, RIDOC inmate
identification number, facility, housing unit, and bunk assignment
in the top left-hand corner of the envelope on any mail s/he sends
out, e.g., mail addressed to Departmental personnel through the
inter-Departmental mail system (requiring no postage) or via USPS
(requiring proper postage paid by the inmate).
d.
Proper postage must be affixed.
e.
Inter-Departmental mail between inmates is not authorized, except
in cases where the correspondence is between immediate family
members (to include blood, marriage, and step relationships) to be
defined as parent, grandparent, spouse (including common-law),
brother or sister, son or daughter, grandson or granddaughter, or
when an inmate is a party to or a witness in an active legal action in
which both inmates are involved (e.g., co-defendants), and they are
both pro se (verified by RIDOC’s Office of Legal Counsel). Inmates
wishing to correspond with other inmates should submit requests
to the facility Warden or designee.
f.
In order to establish the existence of common-law marriage, spouses
are required to present two (2) different examples of the following
documents:
A personal affidavit stating when and where you and your
common-law spouse mutually agreed to become husband and
wife; whether you were ever married, ceremonially or otherwise,
to anyone else, and the details surrounding the end of any
previous marriages (how they were ended, where and when); and
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any other details that will help to establish the existence of a
husband and wife relationship.
Affidavits from other persons who know you and are familiar
with your relationship, setting forth particulars such as the length
of time you lived together, your address(es); whether there was
any public announcement of your marriage; and whether your
friends, neighbors, and relatives regard you as married.
Deeds showing title to property held jointly by both parties to the
common-law marriage.
Bank statements and checks showing joint ownership of the
accounts.
Insurance policies naming the other party as beneficiary.
Birth certificates naming you and your common-law spouse as
parents of your child(ren).
Employment records listing your common-law spouse as an
immediate family member.
School records listing the names of both common-law spouses as
parents.
Credit card accounts in the names of both common-law spouses.
Loan documents, mortgages, and promissory notes evidencing
joint financial obligations of the parties.
Mail addressed to you and your common-law spouse as “Mr. and
Mrs.”
Any documents showing that the wife has assumed the surname
of her common-law husband.
Church records indicating familial status, including membership
information, baptismal certificates of the parties’ child(ren),
Sunday school registration forms, etc.
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g.
All outgoing inmate mail must contain the following statement in
letters at least 1/8” high:
“ATTENTION! THIS IS R.I. DEPT. OF CORRECTIONS INMATE
CORRESPONDENCE. The contents have not been censored. The
Sender is not authorized to enter into credit contracts.”
Each facility’s mail officer is responsible for stamping this message
on all appropriate mail if said mail does not include this message
pre-printed on the envelopes.
h.
Outgoing mail may be opened, inspected for contraband, and read
by authorized facility staff within the guidelines set forth in this
policy.
i.
All postage costs for outgoing mail will be paid by the inmate (with
the exception of indigent inmates).
j.
Indigent Inmates
The Department of Corrections will pay First Class postage for up
to three (3) outgoing personal letters per week, as well as First Class
postage for all outgoing privileged correspondence of indigent
inmates.
(1)
The most recent version of RIDOC Policy 2.25 DOC,
Indigent Inmates, defines an indigent inmate as one who is
involuntarily unemployed, has less than $10.00 in his/her
active account, and has had no deposits of $10.00 or more in
the previous two (2) months.
(2)
Procedures for indigent inmate outgoing mail at the Intake
Service Center (ISC) are as follows:
(a)
Inmate places mail unstamped in the central mail
depository.
(b)
Both the ISC and the central mailroom officers
conduct periodic, random name checks only on
unstamped mail to ensure the sender is an indigent
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inmate. Mail not meeting those criteria is returned to
the inmate.
(c)
The Department does not pay for Certified or other
specific mailing categories for indigent inmates.
(3)
Procedures for indigent inmate mail at all other facilities are
as follows. The inmate:
(a)
Completes money transfer form, to include name and
I.D. number;
(b)
Checks off postage;
(c)
Writes “Indigent” in section “Reason for Transferring
Money”;
(d)
Signs the form; and
(e)
Attaches the form to the mail and gives said form to
area supervisor or places it in the receptacle
designated for this purpose.
k.
Books of postage stamps are available for inmate purchase via the
inmate commissary.
(1)
Postage stamps are not accepted through visits or mail.
(2)
Inmates are allowed to have no more than two (2) books of
twenty (20) or four (4) books of ten (10) postage stamps each
in their possession.
(3)
All postage stamps must be attached in booklets. No loose
stamps are allowed.
(4)
Inmates in disciplinary confinement who have adequate
funds are responsible for purchasing postage stamp books.
Said inmates who are not indigent are not provided with
“state-issued” stamps.
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l.
Documentation/Notification Requirements for Disapproval of
Outgoing Mail
(1)
When any mail, or a portion thereof, is not mailed for any of
the reasons set forth in this policy, the inmate is promptly
notified in writing of the following:
(a)
The reason for refusal to send the mail, or a portion
thereof; and
(b)
The fact that the inmate may submit a written appeal
through the formalized inmate grievance procedure.
(2)
Where criminal activity is suspected, in addition to the
procedures set forth in this policy, the matter is referred to
the appropriate law enforcement agency (e.g., USPS, FBI,
Attorney General) by the Director or designee [the Office of
Inspections or the Special Investigations Unit (SIU)].
B.
Privileged Mail
1.
General Guidelines
a.
Privileged mail, whether it is incoming or outgoing, cannot be read
by RIDOC staff.
b.
Inmates are permitted to send and receive letters from the
following persons:
(1)
Any official of a court of the United States or the State of
Rhode Island or acting on behalf of the court (judge, attorney,
clerk, probation and parole officers);
(2)
The President of the United States;
(3)
The Governor of the State of Rhode Island;
(4)
Any member of the Congress of the United States;
(5)
Any member of the General Assembly of the State of Rhode
Island;
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(6)
The Attorney General of the United States;
(7)
The Attorney General of the State of Rhode Island;
(8)
The Director or any agent of the Federal Bureau of
Investigation (FBI);
(9)
The senior administrator of any state’s State Police;
(10)
The Director of the Rhode Island Department of Corrections;
(11)
Any Assistant Director of the Rhode Island Department of
Corrections;
(12)
Any member of the Parole Board;
(13)
RIDOC Inmate Grievance Coordinator;
(14)
Any public official or agency, where the mail appears on its
face to relate to legal matters;
(15)
The American Civil Liberties Union (ACLU), its affiliates
and sections, i.e., The National Prison Project;
(16)
Public Defender;
(17)
Attorney;
(18)
Legal Aid Society.
c.
Inmates and other persons with whom inmates may correspond as
provided above shall not use or permit others to use authorized
privileged mail for:
(1)
personal, non-legal, and/or non-official correspondence;
(2)
the transmission of contraband; and/or
(3)
the transmittal of communications to be given or forwarded
to persons not specified above.
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Anyone receiving mail that, according to the above-listed criteria, is
considered prohibited should submit such communications or
materials to the Warden of the facility in which the inmate is
confined.
2.
Incoming Privileged Mail
Incoming privileged mail may be opened and inspected in the presence
of the inmate addressee. RIDOC staff is prohibited from reading
privileged incoming mail.
Incoming privileged mail is treated as privileged only if the name and/or
official status of the sender appear clearly on the envelope.
3.
Outgoing Privileged Mail
Outgoing privileged mail may only be inspected if a reasonable belief
exists that the security of the institution is at risk. In such cases, it may be
inspected for contraband only in the presence of the inmate. RIDOC staff
is prohibited from reading outgoing privileged mail.
C.
Non-Privileged Mail
1.
General Guidelines
a.
Non-privileged mail, both incoming and outgoing, may be opened
and inspected for contraband.
b.
It is the policy of RIDOC not to read or censor incoming or
outgoing mail, except for reasons of safety or security.
c.
Written material shall not be rejected solely because its content is
religious, philosophical, social or sexual, or because its content is
unpopular, repugnant, or based upon an employee’s personal
views of the merit of such mail.
d.
Non-privileged mail may be read, and disallowed, provided there is
a reasonable belief that reading the mail is necessary to preserve
facility order and security or to protect the public safety.
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e.
Inmates are notified when incoming or outgoing mail is withheld in
part or in full, as set forth in Section III.C.2.c.
f.
Inspection of non-privileged mail may be undertaken only by
authorized staff in accordance with the procedures outlined in this
document and in established post orders.
g.
Only the following RIDOC staff may read non-privileged mail:
(1)
Director;
(2)
Assistant Directors;
(3)
Wardens;
(4)
Deputy Wardens;
(5)
Shift Commanders;
(6)
Inspectors;
(7)
Investigators (SIU);
(8)
Staff member designated by the Warden for such purpose
(e.g. mail officer);
(9)
Members of the Publication Review Committee (PRC).
(10)
Legal Counsel for the RIDOC
h.
Any facility-based authorized staff member reading inmate mail
pursuant to this policy records such action in a logbook maintained
by the facility Mailroom Officer for such purpose.
2.
Incoming Non-Privileged Mail
a.
In addition to the General Guidelines specified above, the Director
or the Assistant Director of Institutions & Operations may
authorize the reading of incoming non-privileged mail when in
his/her opinion such action is necessary to prevent entry of
materials and/or information prohibited under this policy.
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b.
Incoming Printed (Non-Privileged) Material
(1)
The purchase of commercially-produced photographs and
hard cover books is prohibited.
(2)
Inmates are not allowed to order written material with the
“bill me later” option on the order form.
NOTE: Items received in the mail (e.g., pictures from magazines)
cannot be posted in inmates’ cells.
As a general rule, any printed material, including but not
limited to newspapers, drawings, magazines, pamphlets,
books, printouts from websites or photographs may be
excluded, if it is determined to be detrimental to the
security, good order or discipline of the facility, and/or if
the effect of which might hinder rehabilitation of an
inmate, facilitate criminal activity or contribute to a
hostile work environment.
NOTE: See Section III.C.2.c.(4) for specific criteria for prohibiting
materials.
c.
Disapproval of Incoming Non-Privileged Mail
(1)
Incoming non-privileged mail is disapproved only to
prevent interference with facility goals of security, order,
discipline, rehabilitation, if it might facilitate, encourage or
instruct in criminal activity, or contribute to a hostile work
environment. Disapproval is not based upon an employee’s
personal views of the merit of such mail.
RIDOC reserves the right to disallow personal photographs
and/or facsimiles which feature nudity as defined herein
[see item III.C.2.c.(2)(f)viii. NOTE].
Consistent with the most recent version of RIDOC Policy
14.03 DOC, Inmate Property Accountability, personal
property not authorized within a facility is sent to a person
designated by the inmate (at no expense to the State),
donated to a charitable organization, or destroyed. Property
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not disposed of by the inmate is donated or destroyed after
thirty (30) days, except at ISC, where it is destroyed after ten
(10) days.
(2)
RIDOC reserves the right to disallow previously approved
publications on an issue-by-issue review.
(3)
Facility Wardens or designees (e.g., mail officers), Shift
Commanders and the Publication Review Committee review
written materials to determine whether they will be allowed
into a facility.
Review of the written material shall take into account the
desire to minimize intrusiveness along with the criteria for
prohibition outlined in Section III.C.2.c.(4)
(a)
Mail Officer Responsibilities: Whenever a Mail Officer
finds a publication or other written material
objectionable or questionable s/he will forward it to
the Shift Commander for his/her review along with
the Chain of Custody form within two (2) working
days. The mail officer will notify the inmate pursuant
to Section III.A.2.j(1).
(b)
Shift
Commander
Responsibilities:
The
Shift
Commander will review the publication or other
written material to determine if it will be allowed into
the facility in whole or in part. If s/he determines the
material as a whole will be allowed into the facility
the Shift Commander will instruct the Mail Officer to
deliver the material to the inmate.
If the Shift Commander determines that only a
portion of the publication or other written material
should enter the facility s/he will instruct the mail
officer to contact the inmate and explain the reason
that part of the material will be removed or redacted
prior to delivery. If the inmate agrees to accept the
written material with portions removed or redacted
s/he will receive the remainder of the material.
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If the inmate does not accept the written material with
portions removed or redacted, s/he may ask for a
review of the Shift Commander’s decision by the
Warden/designee. The Mail Officer will send the
material to the Warden/designee along with the
Chain of Custody form within two (2) working days.
If the Shift Commander finds the publication
objectionable or questionable as a whole s/he will
forward it to the Warden/designee along with the
Chain of Custody form within two (2) working days.
(c)
Warden/Designee
Responsibilities:
The
Warden/designee will review the publication or
other written material and determine whether it will
be allowed into the facility in whole or in part. If it is
allowed in whole the Warden/designee will instruct
the mail officer to deliver the material to the
inmate/library.
If the Warden/designee allows the publication or
other written material in part, s/he will instruct the
mail officer to contact the inmate/librarian and
explain the reason that part of the material will be
removed or redacted. If the inmate agrees to accept
the material with portions removed or redacted s/he
will receive the remainder of the material.
If the inmate does not accept the Warden/designee’s
decision that part of the written material will be
removed or redacted s/he will be given the Chain of
Custody form and the material will be forwarded to
the Publication Review Committee within five (5)
working days.
If the Warden/designee finds the publication or other
written material objectionable or questionable as a
whole s/he will forward the material to the
Publication Review Committee (PRC) along with the
Chain of Custody form within five (5) working days.
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(d)
Publication Review Committee Responsibilities: The
Publications Review Committee (PRC) is comprised
of the following individuals:
The Central Office Warden
The Chief of SIU
The
Interdepartmental
Project
Manager,
Director’s Office
The PRC will review the publication or other written
material and determine whether the material will be
allowed in the facility(s). The committee will take into
account the criteria for prohibition outlined in Section
III.C.2.c.(4) as well as the desire to minimize
intrusiveness.
If the material is allowed, the PRC will return the
material to the facility Warden/designee (e.g., mail
officer) to be delivered to the inmate.
If the PRC finds the written material objectionable
pursuant to the criteria outlined in this policy the
material will be prohibited. The PRC will send the
inmate the Chain of Custody form within seven (7)
working days, notifying the inmate that the material
has been prohibited from the facility along with an
explanation for the denial. The ADIO will notify the
publisher/sender of the PRC’s decision.
(e)
Inmate Appeal of the PRC to the Assistant Director of
Institutions and Operations (ADIO): If the inmate
wishes to seek review of the PRC’s decision, the
inmate will be afforded 14 days to write to the ADIO
to seek review of the PRC’s decision. The publication
will be held until the ADIO renders a decision
approving or disapproving the PRC’s decision.
The Assistant Director of Institutions and Operations
will notify Wardens/designees (e.g., mail officers) and
the
PRC
of
his/her
decision
regarding
the
questionable/objectionable publication within 14 days.
24.01-7 DOC
8/8/2016
Inmate Mail
Page 19 of 21
If the ADIO upholds the PRC’s decision (i.e., the
material is disallowed), mail officers notify the affected
inmates in writing of the ADIO’s decision and the
inmate will be offered the opportunity to send the
publication out (at the inmate’s cost) or it will be
destroyed. The publisher/sender will receive notice of
the decision from the ADIO.
If the ADIO overturns the PRC’s decision (i.e., the
material is approved for delivery to inmates), mail
officers notify Wardens and deliver the publication.
(f)
If the inmate chooses not to request an appeal, s/he
may submit a money transfer form to the mail officer
with instructions as to whom the publication should
be sent. If the inmate does not send a money transfer
form, the publication is destroyed.
(g)
In the event the publisher wishes to request a review
of the decision made by the PRC or the ADIO, the
publisher may request a review by writing to the
ADIO within fourteen (14) working days of receipt of
the notice.
(4)
The contents of the material, as a whole or in part may be
prohibited if the materials:
i.
Depict or describe procedures for the construction or
use of weapons, ammunition, bombs, or incendiary
devices;
ii.
Depict, describe, or encourage methods of escape
from correctional facilities, or contain blueprints,
drawings, or similar descriptions of any correctional
facility within the State of Rhode Island;
iii.
Depict or describe procedures for the brewing of
alcoholic beverages or the manufacture of drugs, drug
paraphernalia and/or poisons;
iv.
Are written in code;
24.01-7 DOC
8/8/2016
Inmate Mail
Page 20 of 21
v.
Depict, describe, or encourage activities that may lead
to the use of physical violence or group disruption;
vi.
Encourage, facilitate, or instruct in the commission of
criminal activity;
vii.
Are sexually explicit;
NOTE: “Sexually explicit material”, means a pictorial
depiction of sexual acts including sexual
intercourse, oral sex, masturbation and/or
anal sex.
viii.
Inmates who are serving sentences that would require
them upon release to register as “sexual offenders”
pursuant to RIGL § 11-37.1-1 et seq. and the most
recent version of RIDOC Policy 20.07 DOC, Notifying
Offenders of their Duty to Register with Law
Enforcement
Agencies
and
Procedures
for
Community
Notification,
for
specific
offenses
delineated therein are also prohibited from receiving
materials that feature nudity.
NOTE: “Nudity”, means a pictorial depiction where
male or female genitalia or buttocks and/or female
breasts are exposed; “features” means that the item
contains depictions of nudity or sexually explicit
conduct on a routine basis or promotes itself based
upon such depictions in the case of one-time issues.
In addition, offenders whose crimes involved minors
may be further restricted with respect to printed
materials/publications. Child sexual abusers are
additionally prohibited from ordering child- and
family-oriented publications.
If facility staff approved to review written materials,
as forth in Section III.C.1.e., are uncertain of the
nature of an inmate’s crime or of the appropriateness
of a specific publication, they consult the Director of
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Inmate Mail
Page 21 of 21
RIDOC’s Sex Offender Treatment Program, who
makes case-by-case determinations.
ix.
The effect of which is to glorify or promote violence
against men/women/children;
x.
The effect of which is to glorify or promote gang
activities or racial, religious, or ethnic discord;
xi.
Are not acceptable for regular mailing in the United
States because they are “non-mailable material”
under Federal law, military regulations, or USPS
regulations.
NOTE: Prior to sending the publication elsewhere or
destruction, the publication is given to the
Central Office Warden for dissemination to
all facility Investigators.
3.
Outgoing Non-Privileged Mail
a.
In addition to the General Guidelines specified above, the Director
or designee may authorize the reading of outgoing non-privileged
mail only when s/he has received specific information (reasonable
suspicion) that a particular inmate’s mail contains information
which is prohibited under this policy.
b.
Where outgoing mail is read pursuant to this section, and
prohibited information is found, the mail or relevant portion
thereof may be confiscated. In addition, the inmate sending the
mail is subject to disciplinary action.
RHODE ISLAND DEPARTMENT OF CORRECTIONS
24.01; INMATE MAIL
CHAIN OF CUSTODY
PAGE 1 OF 1
Item(s) Removed/Confiscated from Inmate Correspondence
A COPY OF THIS FORM AND ANY RECEIPTS MUST BE GIVEN
Rev. 5/21/2016
TO THE INMATE ADDRESSEE.
Consistent with the most recent version of RIDOC Policy #24.01 DOC, Inmate Mail, items may be removed from incoming
inmate mail and/or inmate mail as a whole may be prohibited when it is deemed necessary. A written record is required
and procedures followed as outlined in the most recent version of RIDOC Policy #24.01 DOC, Inmate Mail, whenever such
action occurs.
When contraband is found which is not otherwise illegal, a notice is sent to the inmate, and the contraband is returned to the
sender. (If there is no return address, contraband that is not otherwise illegal is destroyed.)
When illegal contraband is seized, procedures outlined in the most recent version of RIDOC Policy #9.14 DOC, Detecting
and Confiscating Contraband on or in the Possession of Inmates/Detainees (Including Frisk, Strip and Body Cavity
Searches) or in Inmate Transport Vehicles prevail.
Cash, checks, postal notes, money orders and drafts found in incoming mail are seized and forwarded to RIDOC's Inmate
Accounts Office to be deposited in inmate addressee's account according to the most recent version of RIDOC Policy #2.09
DOC, Accountability of Inmate Money/Checks.
FACILITY:
ISC
HSC
MAX MORAN MED
MIN/WR
BERNADETTE
GM
INMATE'S NAME:
ID#:
ITEM(S) REMOVED BY:
Staff Person's Printed Name and Title
Staff Person's Signature
ITEM(S) REMOVED ON:
at:
AM PM
Date
Time
Circle
ITEM(S) DESCRIPTION(S) (include name and address of sender, if known, or name of person who signed letter, and date
mailed):
JUSTIFICATION FOR REMOVAL: ___________________________________________________________________________
_____________________________________________________________________________________________________________
___________________________________________________________________________________________
DISPOSITION OF REMOVED ITEM(S):
Inmate's Traps
Class 2 Contraband
Inmate Accounts
Held for Evidence
Returned to Sender
Disposed of Other:
original:
Facility File
RHODE ISLAND DEPARTMENT OF CORRECTIONS
24.01; INMATE MAIL
CHAIN OF CUSTODY
PAGE 1 OF 1
Item(s) Removed/Confiscated from Inmate Correspondence
A COPY OF THIS FORM AND ANY RECEIPTS MUST BE GIVEN
Rev. 5/21/2016
TO THE INMATE ADDRESSEE.
cc: Inmate