Inmate Mail

POLICY:
The Jail Administrator reasonably allows inmates to correspond with their attorney, family, friends, officials, and other significant contacts with a minimum of interference, as long as the correspondence is carried on in a manner consistent with the rules of the facility.

PENOLOGICAL INTEREST:
It is in the penological interest of this detention facility to provide inmates with reasonable means on written communications with other outside of the facility, as long as the communications is consistent with security and safety objectives of the operation.

PROCEDURE:
No inmate is allowed to work in or other wise have access to the mailroom. The correspondence program of S.C.S.D. is the responsibility of the Jail Administrator, who provides convenient deposit and distribution of mail without unnecessary delay. Normally, inmates are permitted to send any reasonable number of letters, of as many pages as they desire, to whomever they desire outside of the facility. Likewise, inmates may receive correspondence in any resonable quantity, amount, and number of page. Inmate to inmate correspondence is prohibited, when based on legitimate penological interests. For example, if both a husband and wife are incarcerated in the same facility no letters may be exchanged and no visitation between the two allowed. Mail received from any other jail, workhouse, prison or other correctional institution will be reviewed closely and any threatening, violent, demeaning or sexually explicit letters will be returned to sender. Any mail that contains admissions of participation in crimes or information that could be considered a security threat will be referred to the appropriate chain of command to investigate. These letters may be kept as evidence. Inmates that attempt to abuse these privileges are subject to disciplinary actions, to include loss of mail privileges.Under normal conditions a prisoner should be notified if a letter is rejected, whether it is written by or addressed to him. S.C.S.D. permits postage for two free personal letters per week for prisoners that have less than $2.00 in their commissary account. They shall also receive postage for all legal or official mail.

Non-Privileged Mail:
Incoming and outgoing non-privileged mail may be opened, inspected, and read for contraband, inappropriate content, or other violation of facility rules or the law. This screening of mail may take place with or without the presence or specific knowledge of the inmate. Mail is censored or rejected based on legitimate facility interests of order and security. Currency, unauthorized enclosures, and other contraband are confiscated and the inmate advised of that action. All contraband will be disposed of in accordance with S.C.S.D. policy on contraband control. Incoming and outgoing correspondence is censored or rejected, on a case-by-case basis, if it contains items including, but not limited to the following:

1. Information regarding manufacture of explosives, weapons, or drugs;
2. Material that may tend to encourage or assist in disrupting the orderly operation of the facility, stoppage, or other breech of institutional rules;
3. Material that would encourage deviant sexual behavior;
4. Pornographic or sexual;
5. Gang or hate oriented;
6. Instructive in escape, explosive or weapon use;
7. Relating to police procedures, or jail operations; or
8. Any other material deemed inappropriate.

A copy of correspondence will be retained if the Jail Administrator determines the contents may constitute illegally mailed material. At the discretion of the Jail Administrator the matter may be referred to the U.S. Postal Inspectors.

Privileged Mail:
The Jail Administrator maintains procedures to ensure that sealed, un-inspected, outgoing mail will be sent to the following individuals:

1. Officials of federal, state, and local courts and Government;
2. Bona fide news media representatives; &
3. Inmate’s attorney of record.

Incoming correspondence from any of the above parties is opened in the presence of the inmate and inspected for contraband, but is not read for content. A warrant may be sought to open and read any such correspondence based upon probable cause. Justification for that action will be the potential use of information contained in correspondence that may be used to plan, facilitate, or affect a serious breech of facility rules, or to violate federal or state law. Outgoing correspondence to officials listed above is not opened or interfered with unless a search warrant has been obtained.

Writing Materials:
Inmates are permitted to retain writing material and stamps in reasonable amounts. If requested, indigent inmates will be furnished paper, pencils, envelopes, and stamps to correspond with their attorney(s) and the courts. Additionally, indigent inmates will be furnished paper, pencils, envelopes, and stamps to post at least two [2] letters [of no more than three (3) pages each] a week for all other correspondence within the United States postal system. For purposes of this part, a page is considered a single sheet of paper, and the inmate may write on both sides if they so desire. A negative balance may be maintained on the inmate’s commissary account for indigent postage and correspondence supplies. If the inmate receives funds for commissary prior to release, the cost can be recovered. If the inmate does not pay before release, the cost is carried. If the inmate is readmitted in the future, the cost can be recovered if funds are available.