Rule 125-3-3-.04 - Publications(1) Inmates may receive a limited number of individual books, periodicals, or newspapers produced by publishing concerns provided the publications are received direct from the publisher concerned or direct from an established retailer.(2) Inmates may not receive books, periodicals, or newspapers the contents of which could clearly and reasonably be expected to present a threat to institutional security and discipline. (a) Inmates may not receive publications or material which, taken as a whole, would be fund by the average person, applying contemporary community standards, to appeal to the prurient interest, which depicts or describes sexual conduct in a patently offensive way in a manner prohibited by the law of this State and by the laws of the United States, and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.(3) Membership in book clubs or similar enterprises may be restricted on a case by case basis due to the inadequate inmate funds, space limitations, or safety requirements. Each Warden/Superintendent may establish a specific limit upon the number of publications admissible per inmate, consistent with the accommodations available at his institution. Duplication of publications reasonably available through institutional library facilities may be restricted because of space or fire hazard considerations.(4) Any publication which is determined by the personal inspection of the Warden/Superintendent or his/her assistant to be a threat to the security, discipline or good order of the institution or which violate laws of the state of Georgia can be excluded by the Warden/Superintendent. This decision will remain in force until such time as the inmate makes an appeal. Notice shall then be given to the inmate of the Warden's decision. The inmate may submit in writing to the Warden/Superintendent reasons for authorizing receipt of the publication. These written reasons shall be forwarded to the Commissioner or the Commissioner's designee along with the Warden/Superintendent's reasons for exclusion of the publication. Notice of final determination made by the Commissioner or the Commissioner's designee shall similarly be given the inmate upon receipt by the Warden/Superintendent.Ga. Comp. R. & Regs. R. 125-3-3-.04
Ga. Constitution 1982, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-53, 42-10-2.
Rule entitled "Publications" adopted as R. 415-3-3-.04. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-3-3-.04 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.Repealed: New Rule of same title adopted. F. June 28, 1989; eff. July 18, 1989.