La. Admin. Code tit. 22 § I-313

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-313 - Inmate Mail and Publications

A. Purpose. This department regulation governs inmate mail and publication privileges at all adult facilities.

B. Applicability: deputy secretary, undersecretary, chief of operations, regional wardens, and wardens. Each warden shall ensure appropriate unit written policies and procedures are in place to comply with this regulation and for conveying its content to all inmates and affected employees.

C. Notice. Staff at each reception and diagnostic center or unit handling initial reception and diagnostic functions shall inform each inmate in writing promptly after arrival of the department's rules for handling of inmate mail, utilizing the notification of mail handling form. This form shall be filed in the inmate's master record.

1. The current inmate population in DPS and C facilities is required to complete the notification of mail handling form upon the issuance of this revision to §313 of this Part.

D. Policy. Inmates may communicate with people or organizations subject to the limitations necessary to protect legitimate penological objectives (including but not limited to deterrence of crime, rehabilitation of inmates, maintenance of internal/external security of a facility or maintenance of an environment free of sexual harassment), to prevent the commission of a crime, and to protect the interests of crime victims.

E. Definitions

DPS and C Facility-includes, for the purpose of this regulation, state operated prison facilities, and state privately operated prison facilities.

E-mail-a document created or received on an electronic mail system, including any attachments, such as word processing and other electronic documents, which may be transmitted with the message. E-mail is correspondence to or from an inmate in an electronic format that is provided through the department's contractor for inmate services.

Farm Mail Correspondence-inmate to inmate mail when housed at the same facility.

Indigent Inmates-inmates who do not have sufficient funds in the appropriate account(s) at the time of their request for indigent services and/or supplies to cover fully the cost of the requested services or supplies.

Nudity-pictorial depiction of genitalia or female breasts (with the nipple or areola exposed).

Privileged Correspondence (includes mail to or from)-

a. identifiable courts;

b. identifiable prosecuting attorneys;

c. identifiable probation and parole officers, parole board and pardon board;

d. state and local executive officers;

e. identifiable attorneys;

f. secretary, deputy secretary, undersecretary, assistant secretary, chief of operations and other officials and administrators of grievance systems of the department;

g. local, state or federal law enforcement agencies and officials.

Publication-book, booklet, pamphlet, or similar document, or a single issue of a magazine, periodical, newsletter, newspaper, magazine/newspaper clipping, article printed from the internet, plus other materials addressed to a specific inmate such as advertising brochures, flyers and catalogs.

Sexually Explicit Material-any book, pamphlet, magazine, or printed matter however reproduced, which contains any picture, photograph, drawing or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, sadomasochistic abuse, bestiality and homosexuality. Explicit sexual material also includes materials containing detailed verbal descriptions or narrative accounts of sexually explicit conduct. A publication will not be prohibited solely because it contains pictorial nudity where such publication has a medical, educational or anthropological purpose.

F. Inmate Correspondence. Inmates may write and receive letters and e-mails subject to the following provisions.

1. Frequency. There shall be no limit placed on the number of letters or e-mails an inmate may write or receive at personal expense and no limit placed on the length, language or content except when there is reasonable belief that limitation is necessary to protect public safety or facility order, including restrictions relative to what may be reasonably stored in space provided and security. Inmates in segregation can write and receive letters on the same basis as inmates in general population.

2. Timely Handling. All mail, incoming and outgoing, shall be handled without unjustified delay. Letters should generally not be held more than 48 hours and packages shall not be held more than 72 hours. This timeline does not prohibit the holding of mail for inmates who are temporarily absent from the facility and does not include weekends and holidays or emergency situations. When mail is received for an inmate who has been transferred to another facility or released, the facility where the mail is received should attempt to forward the mail to him. The collection and distribution of mail is never to be delegated to an inmate. Mail shall be given directly to the receiving inmate by an employee.

3. Correspondence. An inmate may write to anyone except:

a. a victim of any criminal offense for which the inmate has been convicted or for which disposition is pending, or an immediate family member of the victim, except in accordance with specific procedures established by department regulations or as established by the warden in conjunction with the Crime Victims Services Bureau;

b. any person under the age of 18 when the person's parent or guardian objects verbally or in writing to such correspondence;

c. any person whom the inmate is restrained from writing to by court order;

d. any person who has provided a verbal or written request to not receive correspondence from an inmate;

e. any other person, when prohibiting such correspondence generally is necessary to further the substantial interests of security, order or rehabilitation.

4. Costs of Correspondence

a. Each inmate shall pay personal mailing expenses, except an indigent inmate. An indigent inmate shall have access to postage necessary to send two personal letters per week, postage necessary to send out approved legal mail on a reasonable basis and basic supplies necessary to prepare legal documents. A record of such access shall be kept and the indigent inmate's account shall reflect the cost of the postage and supplies as a debt owed in accordance with department regulations. Stationery, envelopes and stamps shall be available for purchase in the canteen.

b. E-mail shall only be available to inmates who have electronic postage capabilities through the department's contractor for inmate services.

5. Outgoing General Correspondence and Farm Mail

a. Review, Inspection and Rejection. Outgoing general correspondence and farm mail shall not be sealed by the inmate and may be read and inspected by staff. Outgoing e-mail may also be read by staff. The objectives to be accomplished in reading outgoing mail differ from the objectives of inspection. In the case of inspection, the objective is primarily to detect contraband. The reading of mail and e-mail is intended to reveal, for example, escape plots, plans to commit illegal acts, or plans to violate facility rules or other security concerns. Outgoing general correspondence and farm mail may be restricted, confiscated, returned to the inmate, retained for further investigation, referred for disciplinary proceeding or forwarded to law enforcement officials, if review discloses correspondence or materials which contain or concern:

i. the transport of contraband in or out of the facility;

ii. plans to escape;

iii. plans for activities in violation of facility or department rules;

iv. information which, if communicated, would create a clear and present danger of violence and physical harm to a human being;

v. letters or materials written in code or a foreign language when the inmate understands English (unless the warden or designee determines the recipient is not fluent in English);

vi. mail which attempts to forward unauthorized correspondence to a third party;

vii. threats to the safety and security of staff, other inmates, the public, or facility order, discipline, or rehabilitation (including racially inflammatory material);

viii. sexually explicit material;

ix. other general correspondence for which rejection is reasonably related to a legitimate penological interest.

b. Notice of Rejection. The inmate sender shall be notified within three working days, in writing, of the correspondence rejection and the reason therefore on the incoming/outgoing general correspondence, farm mail and email notice of rejection. Any further delay in notification shall be based on ongoing investigation which would be compromised by notification. Rejections are appealable through the administrative remedy procedure.

c. Limitations on Restrictions. Any restrictions imposed on outgoing general correspondence and farm mail shall be unrelated to the suppression of expression and shall not be restricted solely based on unwelcome or unflattering opinions. Communication of malicious, frivolous, false, and/or inflammatory statements or information, the purpose of which is reasonably intended to harm, embarrass, or intimidate an employee, visitor, guest or inmate shall be rejected. This shall not apply to information and/or statements communicated for the express purpose of obtaining legal assistance.

d. Procedures for Mailing. Outgoing general correspondence and farm mail shall be inserted into the envelope and left unsealed by the inmate. All outgoing correspondence shall include:

i. a complete legible name and address of the party to whom the correspondence is being sent;

ii. the inmate's name, DOC number, housing unit, and the name and mailing address of the facility, which shall be written or typed on the upper left hand corner of the envelope. Drawings, writing, and marking on envelopes, other than return and sending address, are not permitted. All outgoing general correspondence shall be stamped in the mailroom to indicate it originates in a correctional facility;

iii. outgoing e-mails shall be processed electronically and scanned for contents and phrases.

6. Incoming General Correspondence

a. Review, Inspection, and Rejection. All incoming general correspondence and e-mails must contain the return address of the sender, the name and DOC number of the inmate, and the name and mailing address of the facility. All incoming general correspondence shall be opened and inspected for contraband, cash, checks, and money orders, and subject to being read. Any stick on label or stamp may be removed if it appears to contain contraband. All incoming general correspondence may be rejected if such review discloses correspondence or material(s) which would reasonably jeopardize legitimate penological interests, including, but not limited to, material(s) which contain or concern:

i. the transport of contraband in or out of the facility;

ii. plans to escape;

iii. plans for activities in violation of facility or department rules;

iv. plans for criminal activity;

v. violations of this regulation or unit rules;

vi. letters or materials written in code;

vii. threats to the safety and security of staff, other inmates, or the public, facility order, or discipline, or rehabilitation, (including racially inflammatory material);

viii. sexually explicit material;

ix. greeting cards and post cards, excluding those mailed by an approved third-party vendor;

x. decorative stationary or stationary with stickers;

xi. other general correspondence for which rejection is reasonably related to a legitimate penological interest.

b. Incoming general correspondence containing any of the foregoing may be restricted, confiscated, returned to the sender, retained for further investigation, referred for disciplinary proceedings, or forwarded to law enforcement officials.

c. Notice of Rejection. The inmate shall be notified within three working days, in writing, of the correspondence or e-mail rejection and the reason therefore on the incoming/outgoing general correspondence, farm mail and email notice of rejection. Any further delay in notification shall be based on ongoing investigation which would be compromised by notification. Rejections are appealable through the administrative remedy procedure.

7. Monetary Remittances

a. Incoming. Funds may only be sent to the facility and processed for hobby craft purchases properly supported by a hobby craft agreement in accordance with established policy and procedures.

b. For hobby craft purchases, money from permissible sources may be accepted in the following forms:

i. postal, bank or commercially issued money orders;

ii. bank cashier checks;

iii. cash;

iv. personal checks.

c. All other inmate funds shall be processed through the department's contractor for inmate services in accordance with established policy and procedures.

d. Upon discovery of cash, multiple party checks, personal checks not for hobby craft purchases, or any other funds received in the mail for an inmate, the inmate shall be sent a monetary remittances notice of rejection within three working days describing the contents of the mail, the date of its receipt and advising the inmate has seven working days to provide return postage. If return postage is not provided within seven working days, the postage will be provided by the unit. The inmate's banking account shall be charged if funds are available. If funds are unavailable, a debt owed will be established pursuant to department regulations.

8. Identification of Privileged Correspondence. It is the responsibility and duty of facility staff to verify the legitimacy of the official listed on the envelope. For purposes of this regulation, "identifiable" means the official or legal capacity of the addressee is listed on the envelope and is verifiable. If not, then the letter shall be treated as general correspondence; and an appropriate inquiry shall be made into the inmate's intent in addressing the envelope as privileged mail.

a. Facility staff shall verify the sender of all privileged mail to ensure the mail was sent by the identified sender's office and is not fraudulently labeled as privileged mail.

9. All outgoing privileged correspondence shall include:

a. a complete legible name and address of the party to whom correspondence is being sent;

b. the inmate's name, DOC number, housing unit, and the address of the facility on the upper left hand corner of the envelope. Drawings, writing, and markings on envelopes, other than return and sending address, are not permitted. All outgoing privileged correspondence shall be stamped in the mailroom to indicate the correspondence originates from a correctional facility;

c. outgoing privileged correspondence may be posted sealed, and shall not be opened and inspected without express authorization from the warden or deputy warden as specified in Paragraph F.11 of this Section.

10. Incoming Privileged Correspondence

a. All incoming privileged correspondence must contain the return address of the sender and the name and DOC number of the inmate, and the name and mailing address of the facility. All incoming privileged correspondence shall be opened in the presence of the inmate to whom it is addressed and shall be inspected for the presence of cash, checks, money orders, and contraband and to verify; as unobtrusively as possible, that the correspondence does not contain material that is not entitled to the privilege. When the material is inspected and is found to be bound or secured in any manner that would prevent the thorough inspection of the document, the inmate shall have the option of allowing staff to take the document apart for adequate inspection or of returning the material to the sender to require the material be returned in a loose manner to allow for proper inspection. Additionally, inmates receiving legal material in the form of a compact disc shall have the option of paying for copies to be made by the facility or of returning the disc to the sender in order to require the material be converted to paper copies. Payments for paper copies of legal material from a compact disc shall be in accordance with established policy and procedures.

b. Incoming privileged mail may be opened and inspected outside the inmate's presence in the circumstances outlined in Paragraph F.11 of this Section.

i. Inspection and Rejection. When, in the course of inspection, cash, checks, or money orders are found, they shall be removed and forwarded to the business office. The business office shall verify the legitimacy of the transaction in accordance with established policy and procedures.

ii. If material is found that does not appear to be entitled to the privilege, or if any of the circumstances outlined in Paragraph F.11 of this Section exist, then the mail may be restricted, confiscated, returned to sender, retained for further investigation, referred for disciplinary proceedings, or forwarded to law enforcement officials.

iii. Notice of Rejection. The offender shall be notified in writing within three working days of the correspondence's rejection and the reason for rejection on the privileged correspondence notice of rejection describing the reason for the rejection and advising the inmate has seven working days to determine the disposition of the correspondence. Rejections shall be appealable through the administrative remedy procedure.

iv. Accidental Opening. If privileged correspondence is opened accidentally, outside the presence of the inmate, the envelope shall be immediately stapled or taped closed and the envelope marked "accidentally opened" along with the date and employee's initials. An unusual occurrence report shall be completed.

11. Mail Precautions

a. The wardens and deputy wardens are authorized to open and inspect incoming and outgoing privileged mail outside the inmate's presence in the following circumstances:

i. letters that are unusual in appearance or appear different from mail normally received or sent by the individual or public entity;

ii. letters that are of a size or shape not customarily received or sent by the individual or public entity;

iii. letters that have a city and/or state postmark that is different from the return address;

iv. letters that are leaking, stained, or emitting a strange or unusual odor or have a powdery residue;

v. when reasonable suspicion of illicit activity resulted in a formal investigation and such inspection was authorized by the secretary or designee.

12. Inmate Organizations. Inmate organizations shall pay the postage costs for all of their outgoing mail. All outgoing mail must be approved by the inmate organization sponsor.

G. Procedures for Publications

1. Publications (see definition in Subsection E) may be read and inspected to discover contraband and unacceptable depictions and literature. Unless otherwise provided by the rules of the facility, all printed matter must be received directly from the publisher. Multiple copies of publications for any one individual inmate are not allowed. Samples inserted in publications will be removed prior to delivery.

2. Newspaper and magazine clippings (xerox copies allowed), as well as articles printed from the internet are considered publications for the purpose of review pursuant to this regulation. However, they are not required to originate from the publisher. A limit of five clippings/articles may be received within a piece of regular correspondence and the quantity received may be further limited by what can be reasonably reviewed for security reasons in a timely manner. Multiple copies of the same clippings/articles for any one individual inmate are not allowed. Inclusion of clippings/articles in regular correspondence may delay the delivery.

3. Refusal of Publications. Printed material shall only be refused if it interferes with legitimate penological objectives (including but not limited to deterrence of crime, rehabilitation of inmates, maintenance of internal/external security of a facility or maintenance of an environment free of sexual harassment), or if the refusal is necessary to prevent the commission of a crime or to protect the interests of crime victims. This would include, but not be limited to, the following described categories:

a. security issues:

i. maps, road atlas, etc. that depict a geographic region that could reasonably be construed to be a threat to security;

ii. writings that advocate, assist, or are evidence of criminal activity or facility misconduct;

iii. instructions regarding the ingredients or manufacturing of intoxicating beverages or drugs;

iv. information regarding the introduction of, or instructions in the use, manufacture, storage, or replication of weapons, explosives, incendiaries, escape devices, or other contraband;

v. instructs in the use of martial arts;

vi. racially inflammatory material or material that could cause a threat to the inmate population, staff, and security of the facility;

vii. writings which advocate violence or which create a danger within the context of a correctional facility;

b. sexually explicit material:

i. it is well established in corrections that sexually explicit material causes operational concerns. It poses a threat to the security, good order and discipline of the facility and can facilitate criminal activity. Examples of the types of behavior that result from sexually explicit material include non-consensual sex, sexual molestation of other inmates or staff, masturbation or exposing themselves in front of staff, inappropriate touching or writing to staff, or other forms of sexual harassment of staff and/or inmates;

ii. sexually explicit material can portray women or men in dehumanizing, demeaning, and submissive roles, which, within an institutional setting, can lead to disrespect and the sexual harassment of female or male correctional staff. Lack of respect and control in dealing with inmates can endanger the lives and safety of staff and inmates;

iii. viewing of sexually explicit material undermines the rehabilitation of inmates as it can encourage deviant, criminal sexual behavior. Additionally, once sexually explicit material enters a facility, it is impossible to control who may view it. When viewed by an incarcerated sex offender, it can undermine or interrupt rehabilitation efforts;

iv. publications depicting nudity or sexually explicit conduct on a routine or regular basis or promotes itself based upon such depictions in the case of individual one time issues will not be allowed;

c. when screening publications for acceptability, the following categories shall be utilized:

i. category 1-presumption of non-acceptability;

ii. category 2-those that need to be reviewed on a case-by-case basis prior to allowing them to be delivered to the recipient and subject to review by the regional warden;

iii. category 3-presumption of acceptability;

d. publications can be added, deleted or moved from one category to another at the discretion of the secretary at any time;

e. when a facility receives a Category 2 publication which has not already been ruled on by the regional wardens, the mailroom shall send the inmate a notice of pending review of publication and shall forward the publication to the regional warden who shall determine acceptability. When a facility suspends delivery of an issue of a Category 3 publication, the regional warden shall be notified. The mailroom shall send the inmate a notice of pending review of publication The regional wardens shall determine if the publication may be moved to Category 2. When magazines are received that are not currently listed, the regional warden shall be notified;

f. procedures when publication is refused. The inmate shall be notified within three working days of the refusal and the reason therefore on the publications notice of rejection describing the reason for the rejection and advising that he has seven working days to determine the publication's disposition. Rejections shall be appealable through the administrative remedy procedure. The facility should retain possession of the disputed item(s) until the exhaustion of administrative and judicial review.

H. Procedures for Photographs, Digital or Other Images

1. Inmates shall not be allowed to receive or possess photographs or digital or other images that interfere with legitimate penological objectives (including but not limited to deterrence of crime, rehabilitation of inmates, maintenance of internal/external security of a facility, or maintenance of an environment free of sexual harassment), or to prevent the commission of a crime or to protect the interests of crime victims. This paragraph's prohibitions include photographs, digital or other images which expose the genitals, genital area (including pubic hair), anal area, or female breasts (or breasts which are designed to imitate female breasts). These areas must be covered with garments which cannot be seen through. To promote the safety, rehabilitation, health, and welfare of inmate sex offenders and the general inmate population, sex offender inmates shall be prohibited from receiving from any source or possessing any images of children if the sex offender inmate's victim was a minor. The warden or designee may grant exceptions on a case-by-case basis.

2. Lingerie normally shall be unacceptable, whether transparent or not. Swimwear will only be acceptable if the overall context of the picture is reasonably related to activities during which swimwear is normally worn. Suggestive poses alone may be sufficient cause of rejection regardless of the type of clothing worn.

3. Each facility shall develop a procedure that serves to reasonably restrict an inmate's possession of multiple copies of the same photograph or digital or other image.

4. Hard backed and laminated photographs or digital or other images that are subject to alteration or modification may be rejected.

5. The term "photograph" includes other images such as those created by a digital imaging device or e-mails.

6. The inmate shall be notified within three working days, in writing, of the photograph rejection and the reason therefore on the photographs notice of rejection describing the reason for the rejection and advising that he has seven working days to determine the photograph's disposition. Rejections are appealable through the administrative remedy procedure.

I. Procedures for Death Row Inmates Correspondence

1. Pursuant to the provisions of Act No. 799 of the 2012 Regular Session, the following procedures provide for the review and inspection of incoming and outgoing correspondence of death row inmates to ensure no contractual arrangements are being contemplated or in effect that would allow the inmate to profit from his crimes of notoriety.

a. All incoming and outgoing general correspondence, including packages, shall be inspected.

b. Incoming and outgoing privileged mail shall be inspected outside the inmate's presence when there is reasonable suspicion contraband is being sent to the inmate or from the inmate, or the inmate is contemplating a contractual arrangement that would result in the inmate receiving any type of profits or proceeds relative to the inmate's criminal acts. The warden or deputy warden shall authorize such inspection.

c. In the event it is determined that the inmate is contemplating or has established a contractual arrangement, the information shall be immediately reported by the warden to the secretary, who shall notify the attorney general's office pursuant to established procedures.

La. Admin. Code tit. 22, § I-313

Promulgated by the Department of Corrections, Office of Adult Services, LR 5:4 (January 1979), amended LR 10:803 (October 1984), LR 11:360 (April 1985), amended by the Department of Public Safety and Corrections, Corrections Services, LR 33:851 (May 2007), LR 38:830 (March 2012), LR 39:2281 (August 2013), Amended by the Department of Public Safety and Corrections, Corrections Services, LR 2665 (12/1/2015), Amended by the Department of Public Safety and Corrections, Corrections Services, LR 431187 (6/1/2017), Amended LR 49502 (3/1/2023), Amended LR 491747 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:833(A), Guajardo v. Esteile, 580 F.2d 748 (5th Cir.1978).