APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON
OFFENDER/SPANISH MANUALS
REVISION DATE

PAGE NUMBER

NUMBER

1/22/07

1 of 14

DOC 450.100

TITLE

POLICY

MAIL FOR OFFENDERS

REVIEW/REVISION HISTORY:
Effective:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:

1/1/92
11/1/92
11/1/93
12/27/93
11/1/94
1/10/99
1/5/00
5/1/04
1/22/07

SUMMARY OF REVISION/REVIEW:
Added I.F. to provide definition for emergency situations
Added II.B. regarding mail from organizations
Added information to section IV. on handling offender mail
Changes to VII.E.2. related to appealing a restriction
Added VIII.A.1. and 2. to provide clarification related to publications
VIII.D.2. - Added information to clarify expectations
Changes to section IX. regarding forwarding mail
Added XI.B. related to pre-paid envelopes
Other minor changes to policy and attachment
APPROVED:

HAROLD W. CLARKE, Secretary
Department of Corrections

12/18/06
Date Signed

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DEPARTMENT OF CORRECTIONS

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MAIL FOR OFFENDERS

REFERENCES:
DOC 100.100 is hereby incorporated into this policy; WAC 137-36; WAC 137-48; ACA 4-4275;
ACA 4-4487; ACA 4-4488; ACA 4-4489; ACA 4-4490; ACA 4-4491; ACA 4-4492; ACA 4-4493;
ACA 4-4495; ACA 4-4496; DOC 200.000 Trust Accounts for Offenders; DOC 200.210 Facility
Offender Stores; DOC 280.510 Public Disclosure of Records; DOC 290.100 Patents,
Copyrights, and Royalties; DOC 440.000 Personal Property for Offenders; DOC 450.050
Prohibited Contact; DOC 450.120 Packages for Offenders; DOC 590.500 Legal Access for
Offenders
POLICY:
I.

The Department will establish procedures for governing mail services to offenders,
defining staff responsibility for managing mail and maintaining safety and security of the
public, staff, offenders, and facilities. [4-4487]

DIRECTIVE:
I.

General Requirements
A.

Offenders are responsible for informing their correspondents regarding the rules
governing mail for offenders.

B.

When the offender bears the mailing cost, there is no limit on the volume of
letters s/he can send or receive or on the length, language, content, or source of
mail or publication, except when there is reasonable belief limitation is necessary
to protect public safety or facility order and security. [4-4488]

C.

An individual offender's writing privileges to a particular person or persons may
be withdrawn for the following reasons:
1.

At the request of the recipient,

2.

If the recipient is a minor and his or her parents or legal guardian have
requested in writing that the privilege be terminated,

3.

To comply with a court-ordered restriction, or

4.

For specific cause supported by criteria set forth in this policy.

D.

Offender mail will not be processed or handled by offenders other than the writer
or the offender to whom the mail is sent.

E.

[4-4495] Excluding weekends and holidays or emergency situations:

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F.

II.

MAIL FOR OFFENDERS

1.

Incoming first class mail will be distributed to the offender within 24 hours
of receipt,

2.

Outgoing first class mail will not be held for more than 24 hours,

3.

Packages will be distributed to the offender within 48 hours of receipt, and

4.

All other mail should be delivered to the offender within 3 to 5 days.

Emergency situations are incidents which create a significant disruption of
normal facility or Department procedure, policy, or activity caused by riot,
escape, fire, natural disaster, employee action, or other serious incident.

Correspondence Between Incarcerated Offenders
A.

There will be no correspondence between offenders confined in a correctional
facility in state, out of state, or out of the country except as approved in writing by
the appropriate Superintendents/Field Administrators/designees. This includes,
but is not limited to Prison, Work Release, camp, jail, juvenile facilities, federal
correctional centers, and detention facilities. Mail to and from residents of the
Special Commitment Center (SCC) is allowed.
1.

2.

Offender to offender correspondence will not be considered by the
Superintendents/Field Administrators/designees unless:
a.

The offenders are immediate family members,

b.

The offenders have a child together, as proven through a birth
certificate, and if the parental rights of either parent have not been
terminated by the courts or the Department of Social and Health
Services (DSHS),

c.

The offenders are co-parties in an active legal matter, or

d.

The offender is providing a relevant witness affidavit in an active
legal matter.

Offenders requesting correspondence with other offenders will complete
DOC 21-746 Request for Offender to Offender Correspondence Approval
and submit it to their Counselor/Community Corrections Officer (CCO).
a.

The Counselor/CCO will verify the request meets policy
requirements and forward the request to the Superintendent/Field
Administrator/designee for a final decision.

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b.

B.
III.

MAIL FOR OFFENDERS

DOC 21-746 Request for Offender to Offender Correspondence
Approval will be completed and distributed.

3.

If an offender has been approved to correspond with another offender, the
approval may be accepted by any receiving facility upon the offender’s
transfer. Documentation of such approval will be maintained in the
offender’s central file and a copy sent to the mailroom. The approval may
be revoked for cause.

4.

A termination date will be set for offender to offender correspondence for
co-parties in an active legal matter or offender to offender correspondence
to provide a witness statement. When this expires, offenders will be
required to re-establish that the basis for correspondence is still active.

5.

Each piece of offender to offender correspondence, including
correspondence between witnesses or prospective witnesses, will be read
and approved/rejected by the Superintendent/Field Administrator/
designee.

6.

Approved correspondence between co-party offenders and witnesses or
prospective witnesses will be specifically limited to the legal matter
involved. Other than brief greetings, the mail will not include
correspondence of a personal nature, discussions of other litigation, or
other communications not directly related to the legal matter involved.

7.

In cases where approved co-party communications contain documented
security concerns, the Superintendent/Field Administrator may seek
permission, through the Prisons Administrator/Regional Administrator, as
applicable, to deny further co-party communications.

Mail received from organizations whose chief enterprise is to facilitate offender to
offender correspondence will be rejected.

Inspection
A.

Designated facility staff are authorized to inspect and read incoming and
outgoing mail. Inspection will serve to prevent offenders from receiving or
sending contraband, or any other material that threatens to undermine the
security and order of the facility, through the mail; and prevent criminal activity.
[4-4491]

B.

Letters will not be censored to eliminate opinions critical of Department policy or
Department employees.

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C.

MAIL FOR OFFENDERS

[4-4493] Cash or personal checks will be noted in a log and returned to the owner

at the expense of the offender. Other checks and money orders will be logged
and sent directly to the facility Business Office for processing. Receipts will be
prepared immediately and forwarded to the offender with the incoming mail.
Cash or personal checks will be processed consistent with the Restriction of
Incoming and Outgoing Mail section of this policy.
IV.

Content and Structure of Mail To and From Offenders
A.

Mail to offenders will be addressed with the full committed name and DOC
number. Staff will make reasonable efforts to identify the offender for whom the
mail was intended. Mail not adequately addressed and for whom the intended
recipient cannot be identified will be returned to the sender with the reason for
return noted on the outside of the envelope.
1.

Money orders received in mail to offenders must have the receiving
offender’s name and DOC number on them. Offenders are responsible for
writing their name and DOC number on all other enclosures (e.g.,
photographs, newspaper clippings, etc.) immediately upon receipt.
a.

B.

Letters from offenders must have a complete return address that includes the full
committed name, DOC number, housing assignment, and the full name and
address of the facility. The return address may include any other legal name as
long as it is listed below the offender’s full committed name. The offender is
responsible for instructing his/her correspondents to use the correct address as
posted on the return address of the offender. Envelopes will be stamped with the
following or similar message: “This was mailed by an offender confined at a
Washington State Department of Corrections facility. Its contents are
uncensored.”
1.

C.

Enclosures such as visitor questionnaires, social security cards,
and marriage, birth, and death certificates will be removed from
incoming mail and forwarded for processing and/or safekeeping to
staff designated by the Superintendent (e.g., Visiting Sergeant,
Records Manager, etc.). The offender will receive a receipt for the
item removed from the envelope and notification of its disposition.

Letters from offenders should be written in the English language, unless
the offender or recipient is unable to correspond in English. Letters in
languages other than English may be reviewed by a translator.

Incoming mail for offenders must have a viable return address as defined by the
United States Postal Service (USPS). Mail that does not have a viable return
address will be rejected. The intended offender will be notified of the rejection

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and will be given the opportunity to provide an address to return the item at the
offender’s expense.
D.

V.

VI.

Any attempt to use the mail to disseminate large amounts of information to the
entire offender population of a facility is inherently suspect. If the Superintendent
has reasonable cause to believe an attempt is intended to cause disruption or
otherwise threaten the order and security of the unit or the facility, the mass
mailing material will be restricted.

Unauthorized Mail
A.

[4-4491] Mail to or from offenders will be restricted for any reasons identified in
Unauthorized Mail (Attachment 1).

B.

An item printed off the Internet is not, in itself, a basis for rejection.

C.

Photocopies will not be sent out of the facility by offenders unless it has been
determined the photocopies have been paid for in advance by the offender
through appropriate processes identified in facility operational memorandums
regarding photocopies, DOC 280.510 Public Disclosure of Records, and DOC
290.100 Patents, Copyrights and Royalties; or unless the copy has been
received by the offender through normal facility channels. Photocopies will not
be sent from offender to offender unless they meet the definition of legal mail and
meet the criteria for offender to offender legal mail.

Legal Mail
A.

Requirements of Legal Mail
1.

Offenders have the right to correspond by means of legal mail. To be
considered and handled as legal mail, the mail must meet all of the
following requirements:
a.

Correspondence to or from courts and court staff, attorneys,
established groups of attorneys involved in the representation of
offenders in judicial proceedings (i.e., American Civil Liberties
Union, legal services groups, etc.), the President or Vice President
of the United States, members of the United States Congress,
embassies and consulates, the United States Department of
Justice, state attorneys general, governors, members of the state
legislature, and law enforcement officers in their official capacity.
[4-4275] [4-4492]

b.

Mail between offenders verified to be co-parties to the same legal
proceeding and that contains personal legal documents/papers

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DEPARTMENT OF CORRECTIONS

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and/or a legal pleading and have been approved for offender to
offender correspondence.

2.

B.

C.

D.

c.

Incoming mail must have the return address on the front of the
envelope which must clearly indicate that it is from one of the above
listed sources.

d.

The front of the envelope must be clearly marked “Legal Mail.”

e.

Mail readily identifiable as being from a court should be handled as
legal mail regardless of whether it has been marked legal mail.

If an offender wishes to have mail handled as legal mail, s/he will be
responsible for informing legal correspondents of the requirements for
legal mail.

Incoming legal mail to offenders will be opened in the presence of the offender by
designated correctional staff. Staff will be authorized to inspect the contents to
ensure:
1.

The mail is free of contraband or any other material that would threaten to
undermine the security and order of the facility, and

2.

The mail is indeed legal mail as defined in this policy. If there is a
question whether the mail meets the definition of legal mail, that mail may
be retained for not more than 24 hours, excluding weekends and holidays,
to resolve the question.

Offenders are required to demonstrate to the Superintendent(s)/Field
Administrator(s)/designee(s) that they are co-parties in an active legal matter in
order for offender to offender mail to be considered and handled as legal mail.
1.

A copy of the pleading that was submitted to the court with the cause
number assigned must accompany such verification requests. Upon
verification, the Superintendent/Field Administrator/designee will notify the
mailroom and/or other facility Superintendents as necessary.

2.

Consistent with legitimate penological goals and interests, offender to
offender legal mail will be scanned, but not read, with close scrutiny
greater than ordinary legal mail, to ensure the correspondence relates
solely to legal issues and is otherwise in compliance with this policy.

Outgoing legal mail from offenders will be sealed in the presence of staff after
staff has inspected the contents to ensure: [4-4492]

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E.

1.

The mail is free of contraband or any other material that would threaten to
undermine the security and order of the facility, [4-4492] and

2.

The mail is indeed legal mail as defined in this policy. If there is a
question whether the mail meets the definition of legal mail, that mail may
be retained for not more than 24 hours, excluding weekends and holidays,
to resolve the question.

Legal mail containers that permit mailing of 8” x 11” envelopes will be provided in
designated areas. Following is the procedure for handling outgoing legal mail:
1.
2.
3.
4.
5.
6.

F.

Offender presents the documents and envelope to staff,
Staff determines the documents are legal mail and there is no contraband,
Offender seals the envelope,
Staff signs or initials over the sealed flap of the envelope,
Staff logs out the mail in the presence of the offender, and
Staff observes offender deposit envelope in the legal mail container or
offender observes staff deposit envelope in the legal mail container.

Video/audio recordings of offender court proceedings may be received through
the mail. These recordings will not be retained by the offender, but will be
handled per DOC 590.500 Legal Access for Offenders.
1.

VII.

MAIL FOR OFFENDERS

If a video/audio recording of an offender court proceeding is rejected by
the mailroom when it enters the facility, the Superintendent/designee will
administratively review the rejection. The video/audio recording will be
retained at the facility pending review.

Restriction of Incoming and Outgoing Mail
A.

If any portion of an offender's incoming or outgoing mail is restricted, mailroom
staff will provide written notification using DOC 05-525 Mail Restriction Notice to
the offender and the sender. [4-4491] This notification will:
1.

Include the reason for the restriction,

2.

Inform the offender the restriction becomes final within 10 calendar days
of the initial notice,

3.

Inform the offender it is his/her responsibility to notify the mailroom of an
appeal to ensure the restricted item(s) are kept secure until the appeal
process is completed, and

4.

Include the name and address of the sender.

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MAIL FOR OFFENDERS

B.

The Superintendent’s designee will review the restriction within the 10-day period
of time and either uphold the restriction or allow delivery of the mail.

C.

The offender and sender will be advised in writing of their right to seek a review
of the decision to restrict their mail. The review will be sought by writing to the
facility Superintendent/designee within 10 calendar days of the initial restriction
decision.

D.

The Superintendent/designee will respond in writing upon receipt of the
offender’s and/or sender’s appeal, will affirm or reverse the action taken at the
facility, then send notice of the decision in writing within 10 calendar days from
the receipt of the offender’s and/or sender’s written request.

E.

If the offender and/or sender wishes to seek a review of the Superintendent’s
decision, s/he should write directly to the Prisons Deputy Secretary within 10
calendar days of the decision.
1.

When an offender appeals a restriction(s), to any level, s/he is responsible
for notifying the mailroom to ensure the restricted item(s) are kept secure
until the appeal process is completed.
a.

2.

When an offender appeals a restriction(s), s/he should send a letter
of appeal to the Prisons Deputy Secretary.

Offenders must use DOC 21-757 Appeal of Mail Restriction to notify the
mailroom an appeal has been made.

F.

Upon receipt of the offender's or sender's appeal, the Prisons Deputy Secretary/
designee will affirm or reverse the action taken at the facility and advise the
offender or sender in writing of this action within 10 calendar days from the
receipt of the offender's or sender's written request.

G.

Incarcerated offenders are financially responsible for disposing of their
unauthorized personal property by shipping it to a non-incarcerated person
designated by the offender at the offender’s expense. The sender should not
send stamps or money to the facility or Headquarters for this purpose.
1.

Offenders will have 30 days to accomplish this disposition.

2.

If the offender is without funds, refuses to pay the required postage, or
refuses to designate an individual to receive the property, such items will
be donated to a charitable organization or destroyed.

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DEPARTMENT OF CORRECTIONS

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H.
VIII.

MAIL FOR OFFENDERS

Time constraints in this section related to staff response are advisory only and
are not jurisdictional or mandatory.

Publications Received by Offenders [4-4490]
A.

B.

C.

Offenders may receive a reasonable number of new books, newspapers,
magazines, and other publications sent directly from the publisher provided they
meet the requirements of this policy and meet the facility requirements regarding
retention of offender property.
1.

Multiple copies/subscriptions will not be allowed. Offenders may receive
only one copy of each book, newspaper, magazine, or other publication.

2.

Books, newspapers, magazines, and other publications may be restricted
for offenders housed in the WCC and WCCW Reception Centers due to
their transient placement.

Offenders may receive gift subscriptions and/or publications from any party other
than another offender or the friends or family of another unrelated offender.
1.

Offenders are responsible for notifying the publisher of any change of
address.

2.

While an offender may be the beneficiary of a gift subscription and/or
publication, the offender may be temporarily deprived of actual receipt or
possession of the publication while in the Intensive Management Unit
(IMU) or Segregation, or if s/he is subject to other restrictions regarding
property, consistent with the specific temporary property restrictions
placed on the offender.

Mail containing material that meets the definition of sexually explicit or is deemed
a threat to legitimate penological objectives may be rejected.
1.

Publications rejected for these reasons must be immediately sent to the
Headquarters Correctional Manager responsible for oversight of state
offender mail operations for a decision on restricting the publication
statewide.

2.

When a decision is made regarding a particular issue of a publication, that
decision will be binding for all Prison facilities. A statewide notification will
be promptly issued from the final reviewer when the decision is made.

3.

Decisions regarding restriction of publications and catalogs statewide may
be appealed to the Prisons Deputy Secretary.

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D.

IX.

MAIL FOR OFFENDERS

Publications will also be restricted if:
1.

They are a threat to the security and order of the facility or the offender's
treatment, and/or

2.

They contain material restricted for any of the reasons outlined in
Attachment 1.
a.

Items such as product samples, CDs, DVDs, etc., will be removed
from publications and discarded prior to the delivery of the
publication to the offender if they can be removed without altering
the publication. Blow-in flyers may be removed based on staffing
resources.

b.

If the item cannot be removed without altering the publication (e.g.,
tearing a page from the publication), or if the item potentially has
value (e.g. CDs included with books) the entire publication will be
restricted. CDs must be received from approved vendors and will
be treated as any other property purchase.

E.

Subscription mail that meets facility requirements will be delivered to the
addressee regardless of the postage rate by which it is sent. If subscription mail
is rejected or restricted because of an offender’s custody level, the offender will
receive notification via DOC 05-525 Mail Restriction Notice.

F.

No publications will be withheld solely on the basis of their appeal to a particular
sexual orientation or ethnic, racial, religious, or political group.

G.

If items that do not comply with the requirements of this policy are in an
offender’s possession/cell, they will be confiscated in accordance with
contraband management processes.

H.

Subscription publications will be held for at least 90 days for those offenders in
IMU who are not permitted to possess subscription publications due to their
custody level. If the offender does not promote to a custody level permitting
receipt of subscription publications within 90 days, the publication(s) will be
disposed of consistent with the Restriction of Incoming and Outgoing Mail section
of this policy.

Forwarding Mail [4-4496]
A.

Offenders are responsible for informing their correspondents, including
publishers, of any change of address.

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B.

X.

Facilities will forward first class mail, consistent with the United States Postal
Regulations, for a period of 90 days, if the offender has provided the facility with
a forwarding address.
1.

Legal mail will be forwarded daily. Mailroom staff will log items forwarded
and the address to which they were sent.

2.

Other forwardable mail will be forwarded at least weekly.

3.

Mail for offenders out to court will be forwarded to the county jail where
they are being held.

C.

If mail is unopened, the new address will be noted on the envelope and returned
to the USPS for forwarding. State funds will not be used to forward unopened
mail.

D.

If the mail has been opened, it will be placed in an envelope with the new
address on it and mailed at facility expense.

Mail Records
A.

The Superintendent/designee will be responsible for maintaining a continuous
chronological written record of the following types of mail:
1.
2.
3.

B.

C.

Legal mail to or from an offender,
Packages to or from an offender, and
Items of monetary value to or from an offender (e.g., money orders, cash,
cashiers checks, etc.)

The written continuous record will show:
1.
2.
3.
4.
5.
6.

XI.

MAIL FOR OFFENDERS

Source of mail,
Destination of mail,
Date received/sent,
Description of mail,
Printed name and initials of staff person distributing the mail, and
Signature and printed name of offender receiving/sending legal mail,
packages, or items of monetary value.

The written continuous record books will be maintained in the mailroom, living
unit office, or mail sorting area by the staff designated by the Superintendent to
handle mail delivery, receipt, and control.

Mail Costs

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MAIL FOR OFFENDERS

A.

Offenders are required to pay for their own postage costs. Offenders will
purchase pre-franked envelopes from the facility offender store operation at cost
to mail first class, one ounce letters. Offenders may possess up to 40 prefranked envelopes. These envelopes may not be used as currency.

B.

Offenders are permitted to receive and use pre-paid envelopes if they are
received from vendors or public agencies for the purpose of direct return mail
service. Any alteration to the addresses on these envelopes will cause them to
be treated as contraband and prohibited for use for outgoing mail. This does not
include pre-addressed envelopes that require the addition of postage.

C.

Mail that arrives at the facility with postage due may, at the option of the
Superintendent, be delivered to the offender. The facility may pay the postage
due or hold the mail for a reasonable period of time to allow the offender to
arrange for payment of the postage due. If such arrangements are not made
within the time provided, the package/mail may be donated to charity or
discarded.

D.

If mail meeting the guidelines of legal mail arrives at the facility with postage due,
it will be delivered to the offender without undue delay. However, the facility will
recover the amount of postage advanced once the legal mail has been delivered.

E.

Indigent offenders may receive postage credit up to the equivalent of 10 first
class pre-franked envelopes per week for mailing costs, including legal mail, if
they have outgoing mail. [4-4489] This allowance cannot accumulate from week
to week. Indigent postage will not include specialized services such as certified,
return receipt requested, or other services provided by the USPS.
1.

If an indigent offender has used all the postage allowed for mailing legal
mail, s/he may receive postage that equates to 10 additional first class
pre-franked envelopes per week for legal mail if all the following conditions
are met:
a.

The offender demonstrates to his/her Counselor that the legal
document to be mailed is a personal restraint petition complaint,
amended complaint, answer or reply to an answer in a habeas
corpus action, or a civil rights action challenging the offender’s
conditions of confinement, or

b.

The offender has insufficient funds in his/her account to send the
legal document, notwithstanding the Department’s indigency
standard, and must agree, by filling out a disbursement request, to
use all funds currently in his/her account to immediately pay for the
requested legal mail postage.

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F.

MAIL FOR OFFENDERS

The Department will recoup indigent postage for letters and any expenditures
made by the facility for postage due on incoming mail. Postage recoupment,
including indigent postage, will occur at the time the Business Office is posting
withdrawals from the offender’s account. Withdrawals and debts will be handled
per DOC 200.000 Trust Accounts for Offenders.

DEFINITIONS:
The following words/terms are important to this policy and are defined in the glossary section
of the Policy Manual: Catalog, Contraband, Immediate Family, Indigent, Legal Mail, Legal
Pleadings, Letters, Mail, Packages, Publications, Standard Mail. Other words/terms appearing
in this policy may also be defined in the glossary section.
ATTACHMENTS:
Unauthorized Mail (Attachment 1)
DOC FORMS (See Appendix):
DOC 05-525 Mail Restriction Notice
DOC 21-746 Request for Offender to Offender Correspondence Approval
DOC 21-757 Appeal of Mail Restriction