La. Admin. Code tit. 22 § I-711

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-711 - Student Visiting and Correspondence (Youth Services) [Formerly Section 321]

A. Purpose. To establish the secretary's policy regarding student visiting and correspondence at all juvenile institutions and facilities within the Department of Public Safety and Corrections.

B. To Whom This Regulation Applies. This regulation is applicable to all superintendents of juvenile operational units of the Department of Public Safety and Corrections, Corrections Services.

C. General. R.S. 15:833 provides that the Secretary of the Department of Public Safety and Corrections may authorize visits and correspondence under reasonable conditions, between students and approved friends, relatives, and other persons. It is the secretary's policy that uniform visiting and correspondence procedures be established and adhered to at all units, and that visiting and correspondence be under reasonable conditions and in keeping with the most recent court decisions relating to visiting and correspondence in correctional institutions. It is also the secretary's policy that visiting at the institution and correspondence between students and friends be encouraged and supported.

D. Correspondence

1. Letters. Students shall be allowed to send and receive letters from all persons including persons in other institutions. There shall be no restriction on the number of correspondents, number of letters written, the length of any letter, or the language in which a letter may be written. Before sending or receiving letters, students will be required to sign a copy of the attached form. Student mail, both outgoing and incoming, shall be handled without delay and on a daily basis.

a. Inspection of Outgoing Letters. All outgoing letters are to be posted unsealed and inspected for contraband. Exception: Outgoing legal or official mail (see Clauses i-viii) may be posted sealed and may not be opened except with a search warrant:

i. identifiable courts;

ii. identifiable prosecuting attorneys;

iii. identifiable probation and parole officers;

iv. identifiable state and federal departments, agencies, and their officials;

v. identifiable attorneys;

vi. identifiable members of the press;

vii. secretary, deputy secretary and/or assistant secretary of the Department of Public Safety and Corrections; and

viii. for purposes of this exception, identifiable means that the official or legal capacity of the addressee is listed on the envelope: John Doe, Assistant District Attorney; John Doe, City Desk Editor, John Doe, Judge; John Doe, Secretary of Labor, etc. Additionally, the name, official or legal capacity, and address of the addressee must be verifiable. If the name, address, and official or legal capacity cannot be verified, designated institutional personnel shall state in writing the means employed to verify the information and the fact that it could not be determined to be correct and true. Upon the determination that this mail is not identifiable official or legal mail, said mail shall be treated as all other outgoing mail, and shall be opened and inspected for contraband.

b. Inspection of Incoming Letters. Incoming letters may be opened and inspected for contraband. Exception:

i. letters from identifiable Department of Public Safety and Corrections' officials are not to be opened; and

ii. letters from the following may be opened and inspected for contraband only in the presence of the student/addressee:

(a). identifiable courts;

(b). identifiable probation and parole officers;

(c). identifiable prosecuting attorneys;

(d). identifiable attorneys;

(e). identifiable members of the press; and

(f). identifiable state and federal agencies and officials.

iii. for purposes of these exceptions, see §321. D.1.a viii of this regulation for the definition of identifiable. Upon the determination that this mail is not identifiable official or legal mail, said mail shall be treated as all other incoming mail and shall be opened and inspected for contraband.

c. Reading of Letters

i. When the superintendent determines that it is necessary to the maintaining of security, order, or rehabilitation of the institution, he may require the reading of a student's mail. In such cases, a written record shall be kept in the appropriate office and shall include:

(a). student's name;

(b). a description of the mail to be read (e.g., outgoing only from a particular person, etc.);

(c). the specific reasons it is necessary to read the mail, including all relevant information and the names of the person(s) supplying information;

(d). length of time the mail is to be read;

(e). signature of the superintendent or his representative; and

(f). notes on the nature of the mail read, but no copies of the mail unless necessary for later use as evidence.

ii. At the termination of the reading period, a copy of all but §321. D.1.c.i (c) shall be placed in the student's file with the entire original remaining in the appropriate office.

d. Stationery and Stamps. The institution will provide indigent students sufficient stationery, envelopes, and postage for all legal and official correspondence and for at least two letters of personal correspondence each week. Stationery and stamps for other letters will be made available for purchases by the students.

2. Packages

a. Approved Items. Subject to the approval of the assistant secretary, each superintendent will prepare and make available to the student population a list of items which may be received in packages.

b. Inspection of Packages. All packages shall be inspected for the purpose of discovering contraband. Before sending or receiving packages, students may be required to sign a form consenting to the opening of packages for the purpose of inspecting for contraband. Items which are not on the approved list will be returned to the sender with a note specifying the reasons for the return.

3. Publications. Books, magazines, newspapers, and printed matter which may be legally sent through the postal system shall be approved for students, unless deemed to constitute an immediate threat to the security of the institutions.

4. Withholding of Correspondence. If it is determined that any letter or publication passed through the mail illegally or that its presence within the institution would present an immediate threat to the security of the institution, it may be withheld. However, the student shall be notified in writing of this action within five days and shall be advised of his right to appeal the decision to withhold to the superintendent and then to the secretary.

5. Restrictions on Correspondence. All students, regardless of status, shall be allowed to receive approved correspondence. However, those students in isolation may have their privilege of originating correspondence restricted to communications with the courts and legal counsel during the period of isolation.

6. Collection and Distribution of Mail. The collection and distribution of mail is never to be delegated to a student. Neither is the mail to be dropped on a table or other convenient location for each student to come and look for his own. Mail shall be delivered promptly to the student to whom it is addressed.

E. Visiting. The guidelines for students visiting are set forth below.

1. There will be no discrimination in visiting. All students and visitors will be provided equal opportunity for visiting, except that any who abuse the visiting procedure may expect imposition of restrictions. Disciplinary measures imposed for offenses not related to visiting will not be used as a basis for denying visits. Visits with attorneys will be governed by Department Regulation Number 30-19B. A student should not be compelled to see a visitor whom he does not wish to see, but he should be required to sign a statement to that effect.

2. At least one day per month will be set aside for visiting by parents and other approved persons, preferably on weekends. Special visits for unusual circumstances and for those who cannot visit on regular visiting days are permissible. On regular visiting days persons will be allowed to visit for at least seven hours, preferably between the hours of 9 a.m. and 4 p.m.

3. Instructions for visiting students must be furnished to parents or guardians. These instructions must be mailed to parents or guardians in advance of the visit. These should include:

a. who may visit;

b. days and time of visits; and

c. rules governing visits.

4. Visitors shall be treated with courtesy at all times and shall not be subjected to unnecessary inconvenience, embarrassment, delays, or harassment in accomplishing a visit.

F. All rules, regulations, and procedures presently in force will be revised in accordance with this directive and submitted to the secretary for approval. All subsequent revisions will also be submitted to the secretary for approval prior to their becoming effective.

G. Cancellation. This regulation supersedes Department Regulation 30-20 dated 8 June 1978.

La. Admin. Code tit. 22, § I-711

Promulgated by the Department of Public Safety and Corrections, Corrections Services, Offices of Adult and Juvenile Services, LR 11:1094 (November 1985).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:833(A).