La. Admin. Code tit. 22 § I-765

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-765 - Correspondence and Packages

A. Purpose. To establish the deputy secretary's policy and procedures for sending and receiving mail and packages at all secure care facilities.

B. Applicability-Assistant Secretaries, Deputy Assistant Secretaries and All Facility Directors. Each director is responsible for implementing and for conveying the contents of this policy to youth, affected employees and affected members of the public.

C. Policy. It is the deputy secretary's policy that reasonable restrictions (consistent with acceptable custody practices and the interests of crime victims) may be placed on youth's ability to receive letters, publications and packages through the mail. Reading or censorship of letters and publications should generally be limited to those items containing material that interferes with legitimate youth services (YS) objectives (including, but not limited to, deterrence of delinquency, youth rehabilitation, facility security, freedom from sexual harassment) or if reading or censorship is necessary to prevent the commission of a crime or to protect the interests of crime victims. All outgoing mail shall be stamped to indicate that it originated from a secure care facility. The receipt of packages through the mail must conform to the list of approved package items. Packages must be inspected and handled in accordance with this policy. All incoming and outgoing mail and packages must include the youth's JIRMS number.

D. Definitions

Indigent Youth - a youth under the supervision of YS who has little or no money.

E. Procedures for Letters

1. Receiving and Sending Letters through the Mail

a. Restrictions on the number of letters written or received and the length or the language of the letter must be justified in accordance with this policy and documented. Restrictions on whom youth may send letters to and receive letters from must be justified in accordance with this policy. Youth may not send or receive letters to or from inmates in adult prisons unless the person is officially listed in their record as an identifiable parent, legal spouse, sibling or grandparent, or unless the director has approved the exception.

b. Upon written request of the person receiving correspondence from a youth, or if requested by the minor's parent or legal guardian, the facility may refuse to mail correspondence addressed to that person.

c. All incoming and outgoing mail shall be handled without unjustified delay. Letters should be held no longer than 24 hours and packages should be held no longer than 48 hours, exclusive of weekends, holidays and emergencies. This does not prohibit the holding of mail for youth who are temporarily absent from the facility.

d. No record shall be kept of whom a youth corresponds with except when the director determines that it is necessary for legitimate YS objectives or to prevent the commission of a crime or to protect the interests of crime victims. The keeping of such record must be authorized in writing. Facility staff may maintain copies/logs for verification purposes.

e. Youth may not initiate contact with the victim(s) of their crime(s) or the victims' family members except in accordance with specific procedures established by the director in conjunction with Crime Victims Services Bureau.

2. Inspection of Letters

a.

i. Outgoing Letters. All outgoing letters must be posted unsealed and inspected for contraband. The youth's name, JIRMS number, living area, and facility address shall be written or typed in the upper left hand corner of the envelope. Drawing, writing and marking on envelopes, other than the return and sending address, is not permitted. All outgoing mail shall be stamped to indicate that it originated from a secure care facility. Exception: Outgoing privileged mail to the following may be posted sealed and will not be opened or inspected except as indicated in Paragraph E.4:

(a). identifiable courts;

(b). identifiable prosecuting attorneys;

(c). identifiable probation and parole officers;

(d). state and local chief executive officers;

(e). identifiable attorneys;

(f). deputy secretary, undersecretary or designee, deputy assistant secretary and other officials and administrators of grievance systems of YS; and

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

ii. It is the responsibility and duty of the facility staff to verify the legitimacy of the official listed on the envelope. For purposes of this exception, identifiable means that the official or legal capacity of the addressee is listed on the envelope and is verifiable. If not, the letter is to be treated as regular mail and an appropriate inquiry made into the youth's intent in addressing the envelope as privileged mail.

b.

i. Incoming Letters. Incoming letters may be opened and inspected for contraband. Incoming privileged mail (see following list) may be opened and inspected for contraband only in the presence of the youth addressee except as indicated in Paragraph E.4:

(a). identifiable courts;

(b). identifiable prosecuting attorneys;

(c). identifiable probation and parole officers;

(d) state and local chief executive officers;

(e). identifiable attorneys;

(f). deputy secretary, undersecretary or designee, deputy assistant secretaries, and other officials and administrators of YS grievance systems; and

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

ii. See Clause E.2.a.ii for the definition of identifiable. Upon the determination that this mail is not identifiable privileged mail, it shall be treated as all other incoming mail and shall be opened and inspected for contraband and an appropriate inquiry made as to the sender's intent in addressing the envelope as privileged mail.

3. Reading of Letters. Youth's letters may be read only when the director or his designee has information that the correspondence may contain material that interferes with legitimate YS objectives or to prevent the commission of a crime or to protect the interests of crime victims. In such cases, a written record shall be kept and shall include:

a. youth's name and number;

b. the specific reason it is necessary to read the mail;

c. approximate length of time the mail is to be read;

d. a photo copy and a list of each piece of correspondence including the date received and the name of the sender; and

e. signature of the director or his designee.

4. Mail Precautions. The directors are authorized to open and inspect incoming and outgoing privileged mail outside of the youth's presence under the following circumstances (see also YS Policy No. A.2.30 "Mail Precautions" for additional information):

a. packages and letters that are unusual in appearance or appear different from mail normally received or sent by the individual;

b. packages and letters of a size or shape not customarily received or sent by the individual;

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

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

e. when reasonable suspicion of illicit activity has resulted from a formal investigation and the deputy secretary or designee has authorized inspection.

5. Stationary, Envelopes, and Stamps

a. These items shall be available for purchase in the canteen.

b. Indigent youth shall have access to the postage necessary to send out approved legal mail on a reasonable basis and the basic supplies necessary to prepare legal documents.

F. Procedures for Packages

1. Approved Items for Packages. Legitimate catalog vendors shall be used to the maximum extent feasible to minimize the possibility of contraband being introduced into the facilities. Generally, items available in the canteen should not be approved for receipt in packages.

2. Inspection of Packages. All packages shall be inspected for contraband. Such inspection shall be done in a manner that is not intended to damage the contents of the package. A list shall be kept of the items that a youth has received through the mail. Employees will note brand names of each item received whenever possible. Upon discovery of unapproved items in an incoming package, the youth will be sent a notice of the contents of the package, the date of its receipt, and the reason that the package is unacceptable. If the unapproved items (other than perishables) are of a nature to be returned, the youth will be notified that he has 21 days to provide return postage for the package. At the end of the twenty-first day the disposal process may begin as outlined in Paragraph F.3. Postage will be provided for indigent youth. When a package is returned to sender, a note will be sent with it specifying the reason for its return. Exception: All sealed packages, may be opened and inspected in the presence of the youth, in which case an inventory of the packaged contents is not required. Upon receipt of a package handled in this manner, the youth shall sign a statement that the youth agrees that all items due him are in the package. If the youth agrees that all contents are in the package, staff shall document this in accordance with facility procedures, including giving the youth the option of either returning the package or accepting the package and dealing directly with the vendor regarding any dispute.

3. Disposal of Items Received in Packages and Letters. No items, other than perishables, should be disposed of prior to the exhaustion of an administrative appeal. Failure to timely file an appeal constitutes exhaustion.

a. Unapproved items for which no postage has been provided and for which appeals have been exhausted shall be disposed of in the following manner with the method of disposal documented:

i. perishable items shall be destroyed;

ii. non-perishable items may be placed in use in the facility if legitimately needed, clothing may be used for youth discharging;

iii. items may be donated to a charitable organization;

iv. items of little or no value may be destroyed; and

v. cash shall be deposited as self-generated revenue in the facility's operating appropriation in accordance with R.S. 14:402(F).

b. The following list of contraband items received in a letter or package, and any other pertinent information, shall be turned over to law enforcement authorities in the parish where the facility is located, with notification to the local FBI agent (if appropriate) or the U.S. Postal Service:

i. any controlled dangerous substance;

ii. any weapon or explosive;

iii. any escape plans; and

iv. any plans for criminal activity or acts that constitute criminal behavior.

c. Appropriate documentation shall be maintained on all items returned to sender or otherwise disposed of.

d. No unapproved items shall be given to or purchased by an employee of YS.

e. Upon approval of the director, unapproved items, other than those listed in Subparagraph F.3.b, may be disposed of by turning the item(s) over to an approved visitor of the youth who received the unapproved item(s). The approved visitor must sign a receipt for the item(s).

G. Procedures for Publications

1. Books, magazines, newspapers, pamphlets, leaflets, brochures, and other printed material are considered publications. Such printed material may be read and inspected for contraband and unacceptable depictions and literature. Unless otherwise provided by facility rules, all printed material must be received directly from the publisher.

2. Refusal of Publications. Printed material shall only be refused if it interferes with legitimate YS objectives or to prevent the commission of a crime or to protect the interests of crime victims. This includes, but is not limited to, the following categories:

a. the printed material concerns escape methods or plans;

b. the printed material concerns plans to violate or disrupt facility rules or routines;

c. the printed material concerns the introduction, purchase, or instructions for the manufacture of controlled dangerous substances, alcohol, or other substances or apparatus not consistent with the security or stability of the facility;

d. the printed material concerns the introduction of or instructions for the use, manufacture, storage, or replication of weapons or instructs in the use of martial arts;

e. the printed material contains material which, reasonably construed, is written for the purpose of communicating information which could promote the breakdown of order by youth disruption, such as strikes or riots or instigation of youth unrest for racial or other reasons; or

f. the material features nudity on a routine or regular basis or promotes itself based upon such depictions, or is sexually explicit and may contribute to a sexually offensive environment and the sexual harassment of staff or youth. This includes material presented in a manner to provoke or arouse lust, passion, or perversion, or exploit sex.

3. Newspapers and magazine clippings are considered publications for the purpose of censorship and review pursuant to this policy. However, they are not required to originate from the publisher. The quantity received may be limited by what can be reasonably viewed for security reasons in a timely manner.

4. If the printed material contains a presentation of sexual behavior that meets the definition of "material harmful to minors" as established in R.S. 14:91.11, it shall be refused. Such material generally exploits, is devoted to or principally consists of descriptions of illicit sex or sexual immorality for commercial gain and is presented in a manner to provoke or arouse lust, passion, or perversion or exploit sex.

5. Procedures When Publication Is Refused. When a publication is refused, the youth may appeal by filing a "Request for Administrative Remedy" pursuant to YS Policy No. B.5.3. The facility should retain possession of the disputed item(s) until the exhaustion of an administrative appeal and judicial review. Failure to timely file constitutes exhaustion.

6. Youth are not allowed multiple copies of publications.

H. Collection and Distribution of Mail

1. Youth may not collect or distribute mail. An employee will give mail directly to youth.

2. When mail is received for a youth who has been transferred to another facility or released, the facility should attempt to forward the mail to the youth.

3. Youth will be notified when incoming or outgoing letters are withheld in part or in full.

I. Procedures for Photographs or Digital or Other Images

1. Youth will not be allowed to receive or possess photographs or digital or other images that interfere with legitimate YS objectives or to prevent the commission of a crime or protect the interests of crime victims. This includes photographs or digital or other images that expose the genitals, genital area (including pubic hair), anal area, buttocks, or female breasts (or breasts that are designed to imitate female breasts). These areas must be covered with non-transparent garments. Lingerie will not be acceptable 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 may be sufficient cause for rejection regardless of the type of clothing worn.

2. Each facility shall develop a procedure to reasonably restrict a youth's possession of multiple copies of the same photograph or digital or other image.

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

4. The term "photograph" includes other images such as those created by a digital imaging device or electronic mail.

5. When a photograph or digital or other image is refused, the youth may appeal by filing a "Request for Administrative Remedy" pursuant to YS Policy No. B.5.3. The facility shall retain possession of the disputed item(s) until the exhaustion of the administrative appeal process. Failure to timely file constitutes exhaustion.

La. Admin. Code tit. 22, § I-765

Promulgated by the Department of Public Safety and Corrections, Division of Youth Services, Office of Youth Development, LR 32:637 (April 2006).

AUTHORITY: Promulgated in accordance with R.S. 14:91.11, R.S. 14:402 and R.S. 15:833(A).