Section 77-8-002 - Mail ServicesAll community residential facilities shall establish policies and procedures for the handling of incoming and outgoing inmate correspondence in accordance with the following requirements:
002.01 All facility regulations concerning inmate correspondence shall be specified in writing and made available to staff members, inmates and their correspondents.002.02 Facility employees shall not limit the volume of mail to or from an inmate.002.03 Inmates shall be allowed to send or receive mail from any persons or organizations, except where there is clear and convincing evidence that justifies a restriction. Inmate to inmate correspondence can be read.002.04 Inmates shall be allowed to send sealed confidential mail to a specified class of persons or organizations to include, at a minimum, their legal counsel, courts, government officials, members of the confining authority, and the Board.002.04A Confidential mail received from this specified class of persons or organizations may be opened only in the presence of the inmate. The delivery of confidential mail to an inmate is documented.002.04B Confidential mail may be inspected for contraband, cash, checks, or money orders but shall not be read.002.04C The facility administrator may choose to attach a letter to any outgoing correspondence, disclaiming any responsibility for the nature of the contents of such correspondence.002.05 Inmate's incoming or outgoing personal mail may be opened and inspected for cash, checks, money orders, or contraband. 002.05A Cash, checks, or money orders shall be removed from incoming mail and properly credited to the inmate's account.002.05B If contraband is discovered in either incoming or outgoing mail, it shall be removed, with that action and disposition being properly documented.002.05C No disciplinary action shall be taken against an inmate because of the contents of their incoming mail unless it can be proven that they had prior knowledge of the contents.002.06 Incoming or outgoing personal mail may be read or rejected, when based on legitimate facility interests of order and security, threats to any public official, any other person, or is being used in the furtherance of illegal activities.002.06A Objectionable portions of incoming or outgoing mail shall not be censored. Such correspondence shall be delivered unaltered or totally rejected.002.06B The inmate is notified in writing when incoming or outgoing personal mail is rejected, returned to the sender or withheld.002.07 Indigent inmates, as defined in policy, receive a specified postage allowance to maintain family and community ties.002.08 Mail shall be delivered within twenty-four hours, excluding weekends and holidays.77 Neb. Admin. Code, ch. 8, § 002