28 C.F.R. § 544.35

Current through September 30, 2024
Section 544.35 - Art and hobbycraft
(a) An inmate engaged in art or hobbycraft activities may obtain materials through:
(1) The institution art program (if one exists);
(2) The commissary sales unit;
(3) Special purchase commissary orders, if the sales unit is unable to stock a sufficient amount of the needed materials; or
(4) Other sources approved by the Warden.
(b) Each inmate shall identify completed art or hobbycraft products by showing the inmate's name and register number on the reverse side of the item.
(c) Completed or abandoned art or hobbycraft articles must be disposed of in one of the following ways:
(1) Upon approval of the Warden, by giving the item to an authorized visitor. The quantity of items will be determined by the Warden.
(2) By mailing the item to a verified relative or approved visitor at the inmate's expense.
(3) By selling, through an institution art and hobbycraft sales program, if one exists, after the institution price committee has determined the sale price.
(4) Other methods established by the Warden.
(d)Restrictions. Art and hobbycraft programs are intended for the personal enjoyment of an inmate and as an opportunity to learn a new leisure skill. They are not for the mass production of art and hobbycraft items by artists or to provide a means of supplementing an inmate's income.
(1) The Warden may restrict, for reasons of security and housekeeping, the size and quantity of all products made in the art and hobbycraft program. Paintings mailed out of the institution must conform to both institution guidelines and postal regulations. If an inmate's art work or hobbycraft is on public display, the Warden may restrict the content of the work in accordance with community standards of decency.
(2) The Warden may set limits, in compliance with commissary guidelines, on the amount of money an inmate may spend on art or hobbycraft items or materials.
(3) The Warden may restrict for reasons of security, fire safety, and housekeeping, the use or possession of art and hobbycraft items or materials.
(4) Appropriate hobbycraft activities shall be encouraged in the inmate living areas. However, the Warden may limit hobbycraft projects in the cell/living areas to those which can be contained/stored in provided personal property containers. Exceptions may be made for such items as a painting where the size would prohibit placement in a locker. Hobbycraft items must be removed from the living area when completed unless they are approved as personal property.
(5) The Warden shall require the inmate to mail completed hobbycraft articles out of the institution at the inmate's expense, or to give them to an authorized visitor within 30 days of completion, or to dispose of them through approved sales. However, articles offered for sale must be sold within 90 days of completion, or must be given to an authorized visitor or mailed out of the institution at the inmate's expense.
(6) Where space and equipment are limited and demand is high, the Warden may set limits on the amount of time an inmate may use a hobbycraft facility, e.g., the Warden may limit an inmate's use of any workshop or classroom to six months to make room for new students. Hobbycraft participants may be rotated to allow for maximum utilization of the resources.
(7) Disciplinary action may be taken against inmates found with unauthorized hobbycraft materials in their possession. This action may include the removal of the inmate from the hobbycraft program.

28 C.F.R. § 544.35