Tn Doc Prisoner Mail Policy June 2012
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.... ·1ii£·;~··.. !~~f;~Y:Vr~r.,1fb\ : .<r.il4~;"""\~' ~ :,-i: : ~:I.~GR~R[ : ~!~ ii~: '( ~. -6., ~~t /4: \.~~~/ '. '{i .........- ... ,~ .' ..... !.~?~:..... ADiV1INISTRATIVE POLICIES AND PROCEDURES State of Tennessee Department of Correction I Page Index:!: 507.02 I of 14 Effecti \'e Date: .June 1. 2012 Distributi(H1: B Supersedes: 507.02 (9115/09) Approved by: Denick D. Schofield Subject: I. INl'vlA TE NIAlL AUTHORITY: TCA 4-3-603 and TCA 4-3-606. II. PURPOSE: To establish the procedures governing collection, distribution, and inspection of mail in an institutiona I mail room, and the sending and receiving of inmate mail. III. APPLICATION: Deputy Commissioner of Operations. Tennessee Department of Correction (TDOC) employees, privately managed facilities, and inmates. IV. DEFINITIONS: A. Bulk Rate Mail: MaiL correspondence, or printed material that is not marked first or second class. B. Cassette Tapes: Audio or video magnetic/recording tape devices used to record voice or video transmissions contained in transparent plastic containers cOInmonly used in audio and video cassette recorders. C. Censorship: The entire withholding or deletion of pmts of inmate correspondence. D. Commercially Packaged Foodstuffs: Canned or packaged consmnable goods \vhich are clearly the product of a bona fide manuHlcturer, and are not made, produced, or packaged at a home. The original decals and labels on such goods shall not have been tampered with. nor shall the package/container have been previously opened or unsealed. E. Contraband: Any itcm \vhich is not permitted by law or w'hich is eithcr prohibited or not specifically authorized by TDOC or institutional policy. F. COl1'espondence: \Vritten communication to or fI'om inmates (e.g., letters, post cards. greeting cards) that is delivered by a postal service. G. Features: Containing depictions of nudity or sexually explicit conduct on a routine or regular basis nr promotes itself based upon such depictions in the case of individual one-time issues. Publications containing nudity illustrative of medical. educationaL or anthropological content may be excludcd from this delinition, II. Government Ofliciab: /\l1y pcrSl..l l1 lwlding .. Ill elected tll' appointed position at thl' city. county, state. or Icderal !c,'c1. I. Inn1<lte Personal PI'PPCrl\': The items :tlld which J. ~111 inmate is ~t1I(1\\'L'd In 1111101l11h t,r \.:Iothing. L'l)uipll1cllt. mail. nr slippliL'S ha\'e in ilisilcr imlllL'di:tk pt)SSC~SitH1. iVlail: Corresppndcllcc. printed or t)thn matni;t\ (il1L'luding piL'turcs or packages) :Illd the contents l)f eIl\L'll)PL'S and p<ld~<lges sL'nl hl 1)1' Iwm illl1l:ItL'S hy 111L'''lI1S llr a 11l)stal SL'n icc tIl' slich ill.:ms sent (ll' rL'cci\ cd ill Ctllljlll1L'ti\ll1 \\ ith \)l"liL'I;!1 husillcss or st:llT. Index # S07.02 Effective Date: June I, 2012 Subject: V. VI. INIVIATE Page ,- of 14 ~1AIL K. MClil Cleric Staff assigned to the institutional mail room. L. Nuditv: Any depictions where genitalia or female br~asts arc exposed. Publications containing nudity illustrative of medical, cducational. or anthropological content may be excluded rrom this definition. !VI. Printed Materials: Books, publications, magazines, newspapers. periodicals, circulars. catalogues, or clippings which are portions of same, delivered by a postal service. N. Privileged Mail: Correspondence clearly addressed to or from attorneys; Imv students on behalf of atloilleys; cou11s; COlllt clerks; legal aid clinics; or law schools operating such clinics; recognized legal defense funds; and govenllnental officials or agencies, including the Tennessee Claims Comnlission, provided such correspondence bears the appropriate name and title of the sender/receiver. O. Reasonable Suspicion: Rational inferences which a reasonably pnlclent person could make from specific objective facts. P. SecuritY' Threat Group (STG): Group of individuals possessing common characteristics which serve to distinguish them from other groups who have been detcnnined to be acting in conceIt so as to pose a threat or potential threat to staff, other inmates, the instit ution, or the community. Q. Sexually Explicit: Any depictions of actual or simulated sexual acts including sexual intercourse, oral sex, or masturbation, or material which promotes itself based upon such depictions on a routine or regular basis or in indivi:lual one-time issues. POLICY: Each institution shall maintain a mail room for the sending, receipt, and distribution of staff and inmate mail. Inmates may exchange mail, other than packages. with any person and in any language. including Braille, provided that it does not jeopardize the safety, security, or operation or the institution or the safety or persons \vithin or outside the institution. PROCEDURES: A. Each institution shall designate a mail room. B. All mail addressed to inmates shall be delivered to the mail rool11. and all outgoing mail shall he collected at and posted li·om the mail room. Excluding \\eekL'nd:-- and 11lllidays. correspt1ndence shall be delivered to inmates \\·ithin 24 hOl!rs or ree~ipt. .\11 inc,)ming mail. excluding pri\ikged l111il. 111,IY he read by stllil. Appron:d p~l\:kagL's ~h\ 'uld bL' lkli\ered within 4S hours. l'xcluding weekend and holidays. to the inl11:lte. 1. DL'signated stall shnuld cl)llcct uLltg(ling mail at Ic;t~t once c;lch rl'~llbr \\t)rkin~ Li,IY fr()l11 all Il)ckcd 11l;lil h()XL'S. Such hnxcs (lrc tl) he IPL',lt~d in ;lrC;I' dL':..;ign;ncd hy thc \\·a!"(.kn ;lIld hl' ;ll·(L'S~ihk Disrh)sili(ln pI" Jllllil Il) :tll il1l1l<lIL'S. and p;}l..:kagcs ilddressL'd h) tr;II1-;!"eITL'd. p:lrnk'd dlsdlilrgL'd. ;111<.1 dL'L·CiISL'd illl1l:lles \\ ill be:1S Il)II(l\\~: Effective Date: June 1,2012 Subject: INIvlATE Index # 5()7.()~ Page 3 of 14 ~lAIL a. ivlail addressed to inmates who have been transferred to another facility within the Tooe will be for\\'arded to that institution. Mail addressed to deceased inmates will he returned to the sender. l\1ail addressed to inmates who have been discharged or paroled will be forwarded to the address provided by the inmate prior to release. The address should be available from TOl'vIIS (LPOF or LCL,\). All mail that meets the above-mentioned criteria shall be torwarded within 4R hours. excluding holidays and weekends. b. Packages addrcssed to inmates who havc been transfened to another facility will be sent to that inmate by the Central Transp0l1ation System (chain bus) within five working days. Packages addressed to inmates who have paroled or discharged will be held at the facility f()r a period of 30 days. A letter will be sent to the inmate informing them of the receipt of the package and that they have 30 days to retrieve the package or make anangements for shipment to his/her address. Packagcs addressed to dcceased inmates will be held in the property room for 30 days and the next of kin notified to make anangements to retrieve the package. If the 30 day time period has elapsed and all attempts to notifY next of kin ha\'c not been successful, the property will be disposed of in accordance with Policy #504.02, Inmate Personal Property Accounting System. c. Inmates who are in the temporary custody of a local jUlisdiction may request, in writing, that their mail be retained in the mail room for a maximum of 30 days. After 30 days, it will be mailed to the inmate. 3. l\1ail shall be held. stored. and handled in a secure manner which prevent theft, tampering, dela)'. or other interference. 4. A staff person shall deliver incoming mail to the inmate(s) to whom it is addressed. IS intended to At no time shall mail be distributed by an inmate or be accessible to any inmate other than the addressee. 5. Inmates shall not be allo\ved to usc the state messenger mail service to send any mail. 6. No correspondence, printed material. inmate personal property. or money may be hand delivered to inmates by \·isitors. The \Varden or his/her designees may allow att0l11eys of record to il{lI1d delin:r pri\i\eged mail directly to the inmate, subject to examination fi.H' contr{lband. 7. .'\11 stall m{lil reccin:d ,It ;111 institlll it \11 :--.h:i11 hL' l'hl'\:kl.'d for contraband by mail room starr lltili/ing the tlll<)rnsL'npe pri\ll' t(', rck;ISL' I'rl llll the mail mom to the intended recipient. l. illL'P1l1ing pri\ ileged 1l1,lil sil,dl he (11 1L'l1 :d (\Illy h:- ,I st;lIlmember in the presence of thl' inm;ltL' lIddrL'SsL'L' ill ()Ilkr [1\ L'\:ll11illl' tilL' L'\)lltL'nts fix contrahand. then dl)\.:ull1entcd . . \ny m;lil \\hiL'1l 11::" I'<!JILT" \\hllil ;Irc hl)lll1d together hy metal clips shall he dis(l:-.selllhkd 11:- rl'Il1\)\ ill~ till' Inl'l,1I \,:Iil', Thl' st;lllmembers sl1<l1l not rcad thL' pri\ ik~L'd l11:1i! Ill' liSlL'1l tll k',~~;l1 I;'I'L':-'. lIllk"" thL' \\'llrdcn has. Oil the basis or t.. Effective Date: June 1,2012 Subject: Index If 507.02 Page 4 of 14 INl\1A TE l\,1AIL reasonable SLlsplclon. determined that privileged mail or tapes may contain inf()rmation relating to criminal activity. The privileged maiVtape may be read or listened to outside the presence of the inmate if doing so is necessary to avoid compromising an on-going criminal investigation. A bound ledger shall be maintained by mail room staff that lists each of privileged mail received/sent, the date inspected and delivered, and recipient"s signature. Mail relating to the implementation of Policy #5 I 1.05 (Identification for Post Release) is not considered privileged mail. 2. All incoming inmate privileged mail, staff mail, and packages shall be fluoroscoped for contraband prior to leaving the mail room. 3. Incoming mail may be detennined to be a threat to the security of the institution and retuIlled to the sender if, in the opinion of the \Varden, it could reasonably be considered to: a. Be an attempt to incite violence based on race, relig ion, sex, creed, or nationality. b. Advocate. f~lcilitate. or otherwise present a risk of lawlessness, violence, anarchy, or rebellion against government authority, prson staff, and/or other inmates. c. Be an attempt to incite disobedience toward law' enforcement officials or prison starr. d. Be an attempt to give instl11ctions for the manufacturing or use of intoxicants~ weapons, explosi\'es. dl11gS, drug paraphernalia, other unlawful m1icles or substances. or any other items deemed as contraband. e. Contain plans to escape, unauthorized entry into the institution, or information or maps \vhich might aid an escape attempt. r. Cpntain inf(mnation relating to security threat group activity or usc of codes and'or symbols associa tecl with security threat groups. g. Sexually explicit material or material which features nudity whic h by its ll<lllln.: or content poses a threat to the security. good order, or discipline of tl1\..' in:o;titlltiOll. l)1' l~lcilitates criminal activity. 11ll'1l1ll1!1~ ,-'lllTL'~Pl llldenCl' -L may include only photographs (no Polaroid-type pictures alll)\\ l'd I. '-'lippil1~:-; (rpl11 l'lI'inlL'd nl<lteri(lb. t)r certified cheeks/money order:o;. \in per~l )11;11 l'hL',-~k:--; l q' c;l~h may he ~ll'cepted. 5. hL' reL'l'ih:d hy innWIL':O; in an unlimited amount. pnnided they thc publisher{:O;) nr ren)gnil.ed commercial distributor. 1\'l~llJl~ "tlkrll1~ prinlL'd matcriab It)r inmates should be careful to accurately idL'Illll:- I j ;l' :--l·1 kT S( lJlll' matcrials l )ITercd (In the website or recognized commercial dhtnhlil'l:O- ;\IC li:--ll'd 1;\)' :-;ale hy third-pllrty sdlers. and when pUl'chasL'd \\'ill be m:llkd II' 'ill till' tlllld-pllny :-ielkr \\ htl is 1Wt a reL'pgni/ed l'l)llllllercial distribull)r. Prill!l:~! !l1;\h:ri;tl~ 111;1:- llrL' 111:\ i k,! ~!Ir'-'l·t I: I'n)111 Effective Date: June I, 2() 12 Subject: Index # 507.02 I Page 5 of 14 INtvII\ TE ivlAIL 6. CC11ified checks and money orders may be received fr"om any person who is presently not incarcerated and/or under any parole or probation supervision 0 f any jurisdiction. 7. CCl1ified checks/money orders shall be remo\"cd from incoming mail by mail room staff: restrictively endorsed at the time of receipt, and a reccipt written (rom a series receipt book. A copy of the receipt shall be fonvarded to the inmate and all checks/money orders shall be delivered to the institution trust fund custodian. (See Policy #208.01) 8. Celtified checks and money orders for which the identity of the inmate cannot be detennined, (i.e. illegible or unidentifiable name and number, no TOOe numbeL etc.) will be retmned to sender. If neither the sender nor thc recipient of the mail can be verified, the mail in question will be handled as noted in Section VI.(G) of this policy. o. Books. magazines, and newspapers received directly from the publisher or a recognized distributor are assumed to have been purchased; therefore, when sent into the institution as bulk rate mail, these items will be accepted unle ss the printed material is denied by the \Varden under the provisions outlined in Section VI.(C)(3) above. These items will not be considered packages. All other bulk rate mail will not be processed by institutional mail room staff Unauthorized items sent by bulk rate with guaranteed postage paid if retunled shall be returned to the sender. Other undelivered bulk rate mail shall be destroyed. Inmates who want to receive other items that are normally sent bulk rate mail must prepay first or second class postage for the material to be delivered by TOOe staff. E. Video cassette tapes are not pemlitted. F. Audio cassette tapes may be received in accordance with Policy #504.01, Inmate Personal Property, and under the folloVv·ing circumstances: I. Inmates with a disability or other condition that prevents the inmate from bcing able to engage in written con·cspondcnce may receive communication tapes. Special approval is required by the 'vVarden via the inmate' s counselor. Religious/educational tapes may be received {i·om recognized religious groups. Policy # 11 ~U)}) 3. (See Inmates participating in an approved educational correspondencc COUfSC may rccL'ive audio cassctte tapes mailed directly li"OI11 the educntipnal nlcility providing the course. (Sec Pplic y ;; 117.(2) I ""to :;. (i. \'Iusical tapes 111<1:' not be received. . \11 lllCl ll11l11g nwil Il1ll:;t bcar thL' inmatc"s commilled 1l~lllle. TD()C ilkntilicatioll llumhcr. ;I!lll the correct il1stitlltillnal <lddress "I' the inmate recq 1 il'nt. .\li;lses 1l1,ly hl.' included \\ hCll SlIch h,I\'e bcen legally changed through the COllrt. E,CL'ption tn thL' TJ)OC identiticatil lll nllmhl.'!" requirement is alhmcd li'r illl..'pming Fprm 1()9c)s. which ;Ire isslled hy thl.' klkr;d g,'\ernmelll tIl indic;lle thL' illlll;lte·s c<lrI1l.'d WlgL'S. In Ihl.'-\ illst;111l.:l.'. the il1l11<ltL'·~ S()(I;d ~l'l·llrity 11lll11hn hilS hl.'l..'l1 indll';lkd ;1Ilt! \\ill senl~ ;I~ pnlpl'r ilkntiril..';ltit l l1. 1-:\\.'ry l'n;'r! ~h;dl i'_' Il:;:d~.: h' lk'li\cr il1!:l:lk'l11:1li: h,·\\\.,\,,'I". \\hl'IlI1,·ithn t11""'l·,11"1"\..·,:t h!.'l:tlt'. (,rtll\.' iI1l1~;lk' Index # 507.02 Effective Date: June 1, 2012 Subject: Page 6 of 14 INi\1A TE MAIL recipient nor the sender can be determined. the mail!packagc in question shall be returned to the USPS as "undeliverable mail". Incoming mail that has been opened must be resealed and rctun1ed with postagc paid by thc t~lcility. H. 1. Inmates may cOiTespond with others who are incarcerated. Inmates will not be pcnnitted to enclosc stamps in cOlTesponc\ence to other inmatcs. 2. Inmates in segregation may write and receive letters on the same basis as inmates in thc general population. Packages may only be received by an inmate directly from the approved contract vendor. Individuals on the inmate' s approved visitor list may also purchase items or packages from the approved contract vendor according to the guidelines below and according to Policy #504.01. All items ordered must meet the specifications listed on the Inmate Personal Property List, i.e., clear plastic TV, etc. 1. The number of packages which an inmate may receive is determined by the inmate' s custody designation. a. Irunates classified as maximum or close custody may receive no more than one package every six months. The Commissioner will designate the number of package(s) allowed in December. Wardens may designate months to level work load 0 f staff. b. Inmates classified as medium or minimum custody may receive no more than one package every three months. The Commissioner will designatc the number of package(s) allowed in December. c. Inmates that are still confincd to a reccption ccnter in excess of ninety days and are awaiting transfcr shall be allowcd to order an approved package containing only a television, socks, and underwear. provided they arc otherwise eligible to receive packagcs. New'ly committed inmates may order grooming and toilet articles (Items 22 - 31 of the Inmate Personal Property f\1emo) at the discretion of the \Varden. ') Printed materials. or approved arts ami crafts material whieh are not othcnvise prohibited, shall not count against the maximum number of packages per month pel111ittcd to bc nxci\cd. 3. Inmates Clll1\'ictet! PI' a disciplinary lllTelbe. excluding \erhal \\'arnings. shall not he eligihle tn recL'i\'e any pack:lgl'S. l''\l'l'pl t~lr d(lti1il1t: ill'l11S (::1-::)0) \\'hich are listed un the personal PJ'llIK'rty mellhlJ'(lI1dulll dllril1~ til\..' number (lr CllI1sl'l'uti\'c months Ii~'iled helpw: CIa:-;:-; B disciplinary nine l110nths n:stl'1l'tinn EtTectivc Date: .June 1, 2012 Subject: I Index # 507.01 Page 7 of 14 INfvlA TE N1AIL 4. The disciplinary committee may impose the following escalating sanctions f()r all convictions on cellular telephone or drug related charges: First Offense - no packages for six conseclltive months Second Offense (within 18 months of first offense) - no packages for nme consecutive months Subsequent Offenses (within 24 months of second offense) - no packages for 11 consecutive months Inmates that are assigned to a substance abuse treatment progralll who test positive shall also be subject to these escalating sanctions 1. J. The content of packages received shall be subject to the following limitations: 1. Items. excluding shower shoes. bnlshes, and conlbs, which are the same as or similar to items available through the institutional conllllissmy may not be received from the vendor. 2. Clothing, equipment, and ~upplies pennitted by policy \vill be acceptable subject to restl;ctions and provisions. 3. Personal propel1y packages received fi'om the approved contract vendor will be subject to the imposed package limit. All incoming packages delivered by postal services shall be received in the mail room. They shall be checked and recorded by appropriate staff Institutions with a security designati:m of Level II or higher shall t1uoroscope all packages for contraband prior to entry into the compound. Packages exceeding two feet in height and two feet in length by one to one and one half (1 - 11::;) feet in \\·idth will not be accepted unless specifically approved by the \Varden. Packages shall be opened by mail clerks or property room staff only in the presence of the inmate addressee. A physical barrier should separate staff ii'om the inmate when packages are opened I()J" in:-;pectinn. l. Packages ror segregated inmates should be delivered within 48 hours. excluding \veekends and hnlidays. of receipt at the institution. At such time. the package should be OIK'l1cd in the inmate' s presence by appropriate starr. :\11 l)thL'r inll1<1tc:-; ~11(luld he called to a designated area within 4S Iwurs. cxcluding \\L'l.'kends <lnd Iwlidays. 1)1" the p:lckage's deli\L'I"Y· to the institution. :\t such time. thL' p;lck:lge Shl)uld he npL'IlL'd in till.' illmalL''s presence hy appr()priate st<l1T 3. Pack;lgL's nl)t :lCL"cpkd '.\ ill be di"pl)Sed in acconlanL'L' \\·ith the pl)liey g()\·crning innwk l'erSI )11;11 P)"I )1)L"!i~. (Sec P()I il·Y ;: 51 I-L(}~) ()j" Effective Date: June I, 2012 Subject: I Index # 507.0:2 I Page x of 14 INf\1t\ TE IvlAIL K. Outt!oint! lVlail: 1. Inmates shall be responsible for the contents or their outgo ing mail. Correspondence should not contain any threats to the institution. stafe victims. victim f~lI11ilies. inmates, or the public, or contain offensive material/items, language, photographs, or drawings. Coded mail shall not be allowed. All outgoing mail must bear the committed name, TOOC identification number, and the institutional addrcss of the sender. Inmates may include an alias when the name has been legally changed through the court. 2. Indigent inmates assigned to reception centers may be provided \vith a maximum of four postage stamps. All other indigent imnates may receive t\VO postage stamps per pay period through the Chaplain~s office, upon written request. 3. Except as othenvise provided herein, when the inmate bears the cost of mailing, there is no limit to the number of letters the inmate can send or receive. or to the length, language. or content of mail. First class postage for outgoing legal mail shall be provided by the institution only for mail being sent by indigent inmates to the attorney, court, or offices involved in the inmates legal matter. Indigent inmates assigned to reception centers may be provided with a maximum of (our postage stamps prior to the inmate receiving nmds as defined in Policy #112.08. 4. Outgoing privileged mail shall have the envelope date stampcd immediately upon its receipt by a designated cmployee. who will also make an entry in the log for privileged mail. The mail must be identified as privileged by the inmate, who may write "privileged" on the fi'ont of the envelope or who may infl)ITIl the mail room staff. This requirement shall apply for all inmates. including those in segregation or protective custody status. 5. After the envelope has been date stamped, it shall not be returned to the inmate under anv circumstances. The inmate will be notified when an envelope does not have the retluired amount of postage. The inmate will have two working days to provide the additional postage. The envelope will not be returncd ttl thc inmate. Remaining envelopes with insufficient funds \vill disposed of after threl' \\'orking days. 6. Outgoing maiL excluding privileged mail. shall be opened Ii.)r exmnination upon an order of the \Varden when reasonable suspicion l'xisb tl1:11 the security. order. or programs 01" thc institution are threatcned or that it cont;lil1,"; illl<')!')natil)!1 relating to criminal activity. The inmate seIllkr shall 11L' prL'Sel1t \\ hl'I1l·\l'r l)llt~\)i!1g mail is opencd. llnk'ss the mail is hl'illg lJpelled as p;lrt of ;11l Oll~\ \il1~ \.:rimil1;t1 il1\estigation and sp doing \\'(Hdd ll)l11promise the il1\cstig;ltinn. .\11 J"l·ljlll'sts t() ()1 1 l'l1 ')lItgoing m;liI as part uf ;1 crimill,t\ illvcstigaliPIl, \\'hether thl' rcq tI 1.::-' 1 is 111;I(k hy annther agcncy or the TDOC. sl1(\11 he appn)\"ed hy thl' Director or Il1ll'rIwl :\Iblrs. \\'ho will 1l1;lil1\(lin d'\l·lll11entaliPIl pC the K:\.jUl'Sl,)r. the 1l;lllll\.' \11' till' ii1\\.::-;i!~;lli\)IL a case Ilumber (If applic;lbkl. a lk'gin dalL'. and ;tn end d;!lL'. :-;!J"uid the 111\ l':-.tigation reqllirl' lh;lt the m;lil hl' opened for (I IKTil)d tl1<l1 l'\ll'lld:-. ]1l'\ \ llld .'() d,\\:-;. a new request mllsl he sub11littl'd. Subject: I Indcx #- 507.02 EfTective Date: June 1,2012 c Pa"c 9 of 14 INl\1ATE !VIAlL L. 7. Privileged mail may only be opened andior read with the written permission of the Deputy Commissioner of Opcrations. A written request stating the reason for this action must be submitted by thc \Vardcll'dcsignee to the Deputy Commissioner of Operations for approval. Excluding ,,"cckcnds and holidays. approval must be obtained within 24 hours of thc mailrooms rcceipt of the outgoing correspondence. 8. The \Varden will have stamped on the back of each envelope ··THE DEPART!VIENT OF CORRECTION HAS NEITHER INSPECTED NOR CENSORED AND IS NOT RESPONSIBLE FOR THE CONTENTS". Mail rejected bv the \Varden \vill be handled as f()llows: 1. If the Warden determines that mail sent to an inmate could reasonably present a threat to the security, order. or programs or the institution, he/she shall notify both the inmate recipient and sender of his/her intent to reject the mail and return it to the sender, except bulk rate mail coveredinSectionVI.(D).This notice shall be in writing, dated. and include: a. The name and address or the sender b. The name of the inmate recipient c. The date the mail was received at the institution d. The reason the 'vVardcn intends to reject the mail e. A statement that either the recipient or sender may appeal this decision to the Deputy Commissioner PI' Operations within 14 working days and that a failure t() appeal will result in rejl:ction of the mail and its return to the sender. f. The name and address an appeal may bc sent. g. Rejection notice~ regarding magazines or similar publications must contain infonnatinn to idcntil~" the :-\pceitic issues or items being rejected (example. picture ,,,n page 7 is pornographic: article on page 8 contains init)nnation on \\"Capons 11l,ll1ulllCtUI\:. L'tC")" nr thc Deputy Commissioner of Operations to whom Ir thL' \\·;.m.len ()I"tk-rs tlh: L'\;llllll1:I!11111 pC (llltgping mail. which will include. but not be limitl:d to. pri\"ikged l11,lll :1:--. SL'! I;'rlh in Sl'l:tipn (K)(6) and (7) abo\e. an entry will l1L' made in thL' kdgcr L'I1Iit kd "!"l\:t'rd (ll" L'l'llspred mail" as provided f<')\' in Section \,1.(0)(-+)«1)(1- 1 ). ,!I1d thL' \1r(\\j"il)nS nlltlll1l'd in (L)(I) (e-t) abo\"c will apply. The mail may he retllrIlcd t( \ till' Inn1aiL' (II" retained pending the resolution of a diSl'ipliI1,II-:-' rL'p(lrlllr;\ LT1111111;1l Iil'. (.',lig;I!lt\11 I1l';lring. \1. If a timely ap)"'L',t1 is rL'L"L'I\L'd hy thl' !)L'\)lll> C';11111i1~:--.it\lh:r l)r()perati~)Jb. heshl: shalllH)tiJ)' the \\"ankn or thc :IPlk':t1. L'\aminl' Ihe nldil in ljllL'sti(ln. and consider the \\'ardcn's reasons lix rejecting it. II' thl' inl11;tlL' l'IL-l"t--; tIl ;I!)!~,"::d till" I"l'.Il'l"tinn. l1L'shc :-\hall send a copy or the appL';d II") thl' \\":~!'dl'l1 ;11 thl' !:llil" :hi: \ 1;~lI1;!; j-" -,lTil tn thl' DL'puty C\)J11111i~si(ll1l'r nj" ( ) !1L-r;1l i \')I1S" Effective Date: Subject: June r, 2012 Index # 507.02 Page 10 of 14 INrvlATE l'vlAIL N. If the Deputy Commissioner of Operations agrces with the \Varden's decision, hclshe shall the \Varden. sender. and inmate recipient, in \vTiting, and the mail shall be returned to the sender. I I' the Deputy' Commissioner of Operations detcllnines that the mail should not be rcjected. he/she shall notif)' the \Varden. sender, and inmate recipient, in writing, and the mail shall be delivcred to the inmate. The Deputy Commissioner of Operations should make his/her decision within 14 days of receipt of the appeal. notif~' O. Rejected mail may not be returned to the sender until either the time to appeal the Warden's decision has expired or the Deputy Commissioner of Operations has upheld the Warden's decision. P. Contraband which is discovered in mail shall be handled as follows: 1. Cash l\10nies a. Cash monies shall be retullled to the sender by certified mail, with an explanatory letter, at the expense of the institution. b. Cash monies which were obviously hidden in the mail or property shall be deposited to the general fund. (See Policy #208.06) In those cases, a detailed description and photograph of the method used to conceal the money shall be made, and an explanatory letter will be provided to the sender and inmate involved. 2. 1tems which appear to be in violatio n of law or policy may be held for evidentiary purposes. 3. Disposition of information obtained from censored mail. both mcommg and PlIlgoing. shall be the responsibility of the Warden. 4. \Vith the e:\ception of cash monies and illcgal items. mail shall be marked "Refused" and "Return to Sender" if it is: a. /\ package the inmate is ineligible to reccive h. Refused delivcry on the basis of content by authority of the \Varden. 5. .\11 prpl1L'rly items that arc clearly prohibited or not specifically permitted by policy, hllt ,In': not (\ther\Vi~e illegal. e:\cluding certified checks/money orders. may he 111~lrked "I\elil:-,ed - Return tl) Sl'nder" or disposed l)f in accordance \\ith the policy ~'l\ \...Ti1il1~ iI1l11~11l' l'er:"\~)J1al property. (Sec Policy ;;5()4.01) h. 111 :111 1l1~{;111\",·l'~. the intended inmall' recipiellt shall be Ilotified, r,,-·1'll''':;\1. 1\:1 1I J'l1. ;ll1d \\1' disp()~itinn ()r~tlch items. III \\Titing. or the i ": 1kill> jlkl,l i !!L'd 111 Se~.'tipl1 VI.( ()). the I1l )tiCl' shall illdil'~ltl' \\'11\' thl' items me I~l'\ \hihill'd ;llld lh,ll Ihl' il1ll1:1tl' has 14 days to I'l'l)W.:st <U1 l)pinioll li'PIll the Deputy (',illll11:"I\'1h:r (lr()pl'r;llillib tlwt tIll' itelll(s) in qllcstic1 1l is pcrmitted by policy. The [)\..·11U1Y (·')lllll1L. . ,il\I1L'i' llj' Operatllllb sh;1I1 rL'sp~\nd tll such illlJuiric:"\ \\ ithin 14 days "!" !i_'l.·\.·i\,\ Effective Date: ./une 1. 2012 Subject: Index #- 507 JJ2 Page II of 14 INr-vli\TE MAll Q. Organization and Record Keeping 1. 2. 3. The mail room starr is responsible tor the receipt and distribution of all incoming mail, and for the sending of all outgoing mail, including that received and sent by statc messenger service. a. Secure depositories for outgoing mail shall be maintained. b. Inmates or unauthorized staff shall never be permitted access to the maiL the mail room, or mail depositories. Rubber stamps shall be maintained to mark: a. The date and time when each item of mail was received. b. "REFUSED"; "REFUSED DUE TO CONTENT"; SENDER~'; each with a signature line for the mail clerk. ';RETURN A system of index cards shall be maintained for each inmate who assigned population of thc institution: a. IS TO in the total The fomlat shall be: Custody NAME: ---------------------TDOC#----------- level :-------(inmate) Record of Packages Received Signature of Employee Date Name of Sender b. 4. \Vhen a card is completely filled in or an inmate is transferred or released. the card shall be removed from the file and tt)rwarded to the property room It)r inclusion with the inmate's property' room documents. A permanently bound ledger(s) titled "RECORD OF CENSORED :vIAlL" shall be maintained and shall contain the following entries: a. Regarding mail \\'hieh the \Vankn ordered ( 11 (.2) (:1) (-+) (:;) (()) (') tp hl' read: inm.lte nmne and TDOC l1umber i\ame and address l) r sl'llllcr addre:-;sl'e Description the item [);Ik' thl' item \\as re(ci\'l'd hy thc m:lil [),Ite thl' item \\'as rl'ad Sl~lwlllrl' swIT\\'ho rl',ld thc item . \J1I~n)\ in!; signature \\'ardL'l1 or or nr J"nlll11 I Index # 507.0~ Effective Date: .Tune 1. 2012 Subject: of 14 Regarding mail or items removed li'om the mail. other than prohibited bulk rate mail: (1) (2) (3) (4) (5) (6) (7) (8) 5. 6. a. A form letter on institutional letterhead with CR-2782 will be completed and mailed to senders of cash monies. The cash shall be enclosed and returned. A copy shall be sent to the inmate addressee and a copy shall be filed in the mail room. b. Personal Property Notification. CR-1415. \viII be completed and given to an inmate indicating the removal of contraband items fron1 mail, and specifying the disposition which has been or is to be made. A copy shall be tiled in the mail room. c. A supply of nIles governing inmate receipt and sending of mail shall be copied onto institutional letterhead, dated as revised, and kept in sufficient supply to ensure that any inmate requesting a copy will receive one. Imllates shall be encouraged to send this to correspondents. A series receipt book or bound ledg.cr. as appropriate. shall be maintained the following: b. c. R. Inmate name and TDOC number Name anel address of sender/addressee Description of the item Date the item was received by the mail room Date the item \vas removed ii'om the mail Disposition of the item (i.e. retuIl1ed to sender; to property room; to Warden as illegal contraband, etc.) Signature of mail clerk Signature of \Varden. if applicable regarding illegal contraband The following [ollns and letters shall be utilized as specified: a. VII 1. 12 INMATE MAIL b. VII. Page to record Privileged mail sent or rcceivcd Certified or registered mail sent and/or received Certified checks and mOth:Y orders recei\'l~d I{)r deposit in the inmate's tl1ls1 tlmd RecciviIH! ivlail: Inmatcs not pcrsnnally kno\\n by stall \\ hn receive mail or who sIgn receipts I(,)/' m~lil shall be required to prcscnt ,In institlltinn(l\ idcntilicatinn card. .'\CA STANDARDS: -+-4274. -+-4275. and 4-44S7 EXPI RA TI00! DATE: .June I. 2() 15. thrnll~h -+--+-+t)h. (INSTITUTION LETTERHEAD) MEMORANDUM TO: (Inmate Name I TDOC Number (Name of Sender) (Sender's Address) FROM: Mailroom Clerk DATE: SUBJECT: Green Money I Personalized Check The enclosed money was found in mail addressed to inmate: Name: TDOC# ------------------------- By Department of Correction Policy #507.02, No personal checks or cash may be accepted. Certified checks and money orders may only be received. Cash money found in the mail or property shall be returned to the sender. Sincerely, Mailroom Clerk Institution Enclosure: o o Green Money S --------------------- Personalized Check --------------------- S Amount Amount Check Number Date Mailed Out: CR·2782 "R.;v 9·06; Duplicate as Needed f::DA :100 fll~ TENNESSEE DEPARTMENT OF CORRECTION PERSONAL PROPERTY NOTIFICATION INMATE NUMBER: INMATE NAME: ------------------ DATE: ------------- I lit: \)('lov.J listed property W:1S received for delivery to you. The items designated "Pick-Up" are to be held at he plckecJ up CIt (time). Those items designated as "In -Storage" are items which you are not permitted to possess. li ;;1'/ and It is your '-:::;POI1Slhility to dispose of those items within 30 days or the Department will dispose of them. rec;uest an orinion from the Deputy Warden as to whether or not the item(s) are permitted by policy. If the Deputy Warden concurs with your request, the will be returned to you. Vll 111ClY '\;.;;11(:-;) QUANTITY ITEM VISITOR SIGNATURE --- PICK-UP IN· STORAGE PROPERTY TAG # PICK UP DATE INMATE SIGNATURE -- .._-- _.- ! I .. - -- I ! _. I t I I -------1 -_.- - -~-- - ! i - ---- - - ---- .----- i- I --j ---- ---- Stl'lff Signature (Witness) CI~-1415 (Re. 7 -03) - - Staff Signature RDA 1100