Okla. Admin. Code § 310:670-5-9

Current through Vol. 42, No. 7, December 16, 2024

Section 310:670-5-9 - Mail and visitation

Written policies and procedures shall govern inmate correspondenceand visitation. For the purposes of this section, correspondence, mail and email shall have the same meaning. Policies and procedures shall include at least the following:

(1) There shall be no limitations on the volume of mail an inmate may send or receive as long as the inmate provides postage or email access fees and the inmate conforms with correspondence policies. The facility shall provide postage or email access, one (1) time per week, for inmates who do not have funds for correspondence with their attorney, court officials, elected officials, and next of kin.

(2) The number of approved correspondents for an inmate shall be unlimited unless restrictions are imposed based on violation of the facility's correspondence policy. A facility shall allow inmates access to publications to the extent that such access is consistent with security.

(3) Prior to delivery, incoming and outgoing inmate mail may be subject to inspection for contraband items or violations of content restrictions as established in the facility's correspondence policies.

(A) Outgoing mail violating correspondence policies will be returned to the inmate with an explanation of the violation unless it is used as evidence in a court/ disciplinary hearing. The inmate may also be placed on a restricted correspondence list and/or be subject to disciplinary action.

(B) Inmate mail received which violates the facility's correspondence policies will be held for 15 days pending inmate response to a written notice of the facility's intent to return the correspondence. With the exception of contraband in violation of state or federal law, pending the outcome of any grievance hearing, the inmate will be notified as to his/her option for disposal by either having the material returned to the sender, sending the material home at the inmate's expense, or having the material destroyed.

(4) Incoming inmate mail from court officials, the inmate's attorney and elected public officials shall be opened and inspected for contraband only in the presence of the inmate.

(5) Outgoing inmate mail to court officials, the inmate's attorney and elected public officials shall not be opened.

(6) Cash, checks or money orders received from incoming mail may be accepted and credited to the inmate's account at the discretion of the facility's policy. Charges to inmate funds must conform to Title 19 O.S. § 531. Contraband shall be removed if it is discovered in either incoming or outgoing mail.

(7) Outgoing mail shall be collected and sent daily except Sundays and holidays. Incoming mail shall be delivered to inmates within twenty-four (24) hours of its arrival at the facilitywith the exception of weekends.

(8) The number of visitors an inmate may receive and the length of visits shall be limited only by facility security, visitation, space and schedules.

(9) Licensed attorneys shall be allowed additional visitation privileges and accommodations, which ensure privacy and are consistent with security.

(10) Policies and procedures shall be developed to address special visits for persons who have come long distances.

(11) Visitors shall register upon entry to the facility and may be searched as established by jail policy.

(12) Visitation by a person under age 18 may be permitted if the visitor is a member of the inmate's immediate family and if a parent or legal guardian accompanies the visitor.

(13) Licensed clergy may be allowed additional visitation privileges and accommodations which ensure privacy and are consistent with security.

(14) A court order restricting outgoing or incoming correspondence or telephone calls for an inmate shall supersede this rule.

Okla. Admin. Code § 310:670-5-9

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019