Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-7-4 - Procedure4.1. Notification. 4.1.1. Each correctional facility shall notify each inmate that his or her incoming and outgoing mail is subject to being searched, monitored, read and copied. The notification shall be done in writing by memorandum to current inmates and contained in the orientation package for all future inmates as well as by posting signs at each mail collection point in the facility.4.1.2. The contents of inmate mail may be disclosed to an appropriate law-enforcement agency pursuant to an order of a court or administrative tribunal when disclosure is necessary for the investigation, prevention or prosecution of a crime or to safeguard the orderly operation of the correctional institution. Disclosure may be made in civil or administrative proceedings pursuant to an order of a court or administrative tribunal when the disclosure is: (A) Necessary to safeguard and protect the orderly operation of the correctional institution; or (B) Necessary to protect persons from physical harm or the threat of physical harm.4.1.3. All copies of mail shall be retained for at least three (3) years and disposed of in accordance with Corrections Records Retention Schedule set forth pursuant to a records retention schedule tendered in accordance with W. Va. Code § 5A-8-9.4.1.4. The provisions of this section shall apply only to those persons serving a sentence of incarceration in the custody of the Commissioner of Corrections.