Section 06.01.01.402 - CORRESPONDENCE WITH INMATES01.Incoming Mail. All incoming mail shall be opened and inspected to ensure it does not contain prohibited items and may be withheld from delivery to the inmate. Any sender of mail that violates the provisions of these rules, Department policies, or standard operating procedures may, at the sole discretion of the facility head, be restricted or prohibited from sending mail to or receiving mail from any inmate. (7-1-21)02.Legal Mail. Legal mail is confidential communication directly between an inmate and an attorney for the purposes of seeking or providing legal services, an inmate and the court, and service documents pursuant to court rules. (7-1-21) a. To be recognized and treated as legal mail, correspondence from a legal source must be clearly marked "Legal Mail" and display the name, title and address of the sender. (7-1-21)b. Legal mail will be opened in the presence of the inmate and may be scanned to ensure that it does not violate the provisions of these rules, Department policies, or division standard operating procedures. (7-1-21)c. Any sender of legal mail that violates the provisions of these rules, Department policies, or standard operating procedures may, at the sole discretion of the division chief, have all incoming and outgoing mail treated as regular mail. (7-1-21)03.Confidential Mail. Confidential mail includes correspondence sent to or received from persons or entities such as the following: the President of the United States, the governor, the Idaho Legislature or U.S. Congress (except for bulk mailings), the Board, the director, IDOC chiefs and deputy chiefs, facility heads, PREA reporting and support contacts, public interest groups or government entities providing assistance for inmates, the Idaho Commission of Pardons and Parole or any member thereof, or the Consulate or Embassy of an inmate who is a foreign national. (7-1-21)a. Confidential mail will be opened in the presence of the inmate and may be scanned to ensure that it does not violate the provisions of this section, Department policies, or division standard operating procedures. (7-1-21)b. Any sender of confidential mail that violates the provisions of these rules, Department policies, or standard operating procedures may, at the sole discretion of the facility head, have all incoming and outgoing mail treated as regular mail. (7-1-21)04.Prohibited Mail. Mail, including a publication, that poses a threat to the penological interests of the Board or Department may be withheld. Contraband will always be withheld without regard to this section. The Board has determined that some types of mail always pose a threat to penological interests. A list of the types of materials prohibited can be found at the Department's website or it can be obtained by request. (7-1-21)05.Withholding of Prohibited Material. Any incoming mail suspected of containing any prohibited material defined in this section shall be withheld and reviewed by the facility head or designee to determine if it should be withheld or delivered. If the facility head determines that the mail should be withheld, the offender will be given written notice and may use the Department grievance procedure to contest the decision. (7-1-21)Idaho Admin. Code r. 06.01.01.402