Section 68-3-009 - Incoming Mail Procedures009.01 Inmates may receive mail from any person or organization they choose except as prohibited by NDCS rules, regulations, policies or state and federal law.009.02 There is no limit on the number of letters an inmate may receive, the length of an incoming letter, or the language used to write the letter, unless the incoming letter violates the NDCS rules, regulations, policies or state and federal law.009.03 All items received through the mail must be paid for in advance. If an item is not paid for in advance, the item will be returned to the sender and the inmate will be given written notice that the item has been returned.009.04 Any publication that does not comply with this rule or any NDCS rule, regulation or policy will be returned to the sender. The inmate will be given written notice that the publication has been returned.009.05 All publications must be prepaid and shipped directly from the publisher or vendor approved by NDCS.009.06 A church or other religious organization may send religious publications or audio/video recordings to an inmate. The items will be reviewed by the religious coordinator and must be approved by the religious coordinator before the religious publications or audio/video recordings are delivered to the inmate. If the religious publications or audio/video recordings are not approved by the religious coordinator, the publication or audio/video recordings will be returned to the sender and the inmate will be given written notice that the item has been returned.009.07 Free advertising materials, fliers, and other bulk mail without the inmate's name and number will not be delivered. This mail will be returned to sender, if possible, or will be destroyed without notice to the inmate.009.08 The Warden will designate employees to process all non-privileged incoming mail.009.09 All non-privileged incoming mail will be opened and examined for enclosures and contraband.009.10 Incoming mail may be read only when there is clear and convincing evidence that such mail constitutes a threat to the security, safety, or good order of the facility.009.11 All incoming mail shall be subject to photocopy, with a photocopy of the mail, rather than the original, being delivered to the inmate at the discretion of the Warden. All incoming mail, or a photocopy thereof, will normally be delivered to the inmate within 24 hours after its receipt at the facility, except weekends and holidays, or when mail contains contraband. Packages will usually be delivered within 48 hours.009.12 All incoming mail must have the name and address of the sender on the envelope. Any mail that does not have the name and address of the sender on the envelope may be read. If the sender of such incoming mail can be determined, the mail will be delivered to the inmate, unless the incoming mail violates another NDCS rule.009.13 An inmate may receive mail only if it is addressed to the inmate in their individual capacity.009.14 When an inmate has been transferred to another correctional facility the inmate's First Class mail, or a photocopy thereof, will be forwarded. After an inmate is released, First Class mail will be forwarded if NDCS has a forwarding address. If an inmate has been released and NDCS does not have a forwarding address for the inmate, the mail will be returned to the sender.68 Neb. Admin. Code, ch. 3, § 009
Amended effective 3/28/2023