81 Neb. Admin. Code, ch. 9, § 002

Current through September 17, 2024
Section 81-9-002 - Mail Services

All jail facilities shall make provisions for the handling of incoming and outgoing inmate correspondence in accordance with the following requirements:

002.01 Facility employees shall not limit the volume of mail to or from an inmate.
002.02 Inmates shall be allowed to send or receive mail from any persons or organizations, except where there is clear and convincing evidence that justifies a restriction.
002.03 Inmates shall be allowed to send sealed confidential mail to a specified class of persons or organizations to include, at a minimum, their legal counsel, courts, government officials, members of the confining authority, and the Board.
002.03A Confidential mail received from this specified class of persons or organizations may be opened only in the presence of the inmate.
002.03B Confidential mail may be inspected for contraband, cash, checks, or money orders but shall not be read.
002.03C The facility administrator may choose to attach a letter to any outgoing confidential correspondence, disclaiming any responsibility for the nature of the contents of such correspondence.
002.04 Incoming or outgoing non-confidential mail may be inspected for cash, checks, money orders, or contraband.
002.04A Cash, checks, or money orders shall be removed from incoming mail and properly credited to the inmate's account.
002.04B If contraband is discovered in either incoming or outgoing mail, it shall be removed, with that action and disposition being properly documented.
002.04C No disciplinary action shall be taken against an inmate because of the contents of his incoming mail unless it can be proven that he had prior knowledge of the contents.
002.05 Incoming or outgoing non

Incoming or outgoing non-confidential mail should not be read or rejected, except where there is clear and convincing evidence that a particular item or correspondence threatens the safety and security of the jail facility, any public official, any other person, or is being used in the furtherance of illegal activities.

002.05A Objectionable portions of incoming or outgoing mail shall not be blacked out, removed, or otherwise changed. Such correspondence shall be delivered unaltered or totally rejected.
002.05B Rejected correspondence shall be returned to the sender or placed with the inmate's personal property. The sender shall be notified as to the reasons for the rejection and the action properly documented.
002.06 Indigent inmates shall receive sufficient materials and postage for a reasonable amount of correspondence to maintain family and community ties. and for legal or other confidential correspondence.
002.07 Mail shall be delivered within twenty-four hours, excluding Sundays and holidays.

81 Neb. Admin. Code, ch. 9, § 002