Section R251-705-3 - Standards and Procedures(1) Inmate mail procedures shall comply with:(b) the Laws of the United States;(d) the laws of the state; and(e) the authorized written policies and procedures of the Department.(2) Inmates shall be permitted to send and receive mail while in custody of the Department in the manner defined by this rule.(3) Inmate mail regulations shall further the legitimate interests of UDC and balance UDC's interest with those of the general public and inmates.(4) Mail received for inmates at the USP shall be delivered to the USP Mail Unit for processing and: (a) shall be opened and inspected;(b) may be read at the discretion of the Department;(c) may be photocopied when such copying is reasonably related to the furtherance of a legitimate Department interest;(d) may be refused, denied, or confiscated where reasonable cause exists to believe the contents may adversely impact the safety, security, order, or treatment goals of the Department;(e) may be used as evidence in criminal, civil, or administrative trials or hearings;(f) is entitled to no expectation of privacy;(g) all forms of nuisance contraband shall be confiscated and disposed of without notice or opportunity for appeal; and(h) shall be delivered to inmates without unreasonable delay.(5) Catalog purchases other than through the DPO Commissary catalog are not authorized and catalogs may not be accepted through the mail, except when sent 1st or 2nd class or from a legal, school, religious, or government printing office.(6) Staff-to-inmate mail may not be sent in "Inter or Intra-department Delivery" envelopes, but in regular mailing envelopes.(7) Outgoing inmate mail and inmate inter or intra-department mail shall be deposited in the housing units' outgoing mail depository, picked up by USP Mail Unit staff, and delivered to the USP Mail Unit for processing.(8) An inmate may not direct nor establish a new business through the mail unless authorized by the Warden of the facility.(9) An inmate who corresponds concerning a legitimately held business, shall correspond through their attorney or a party holding a power of attorney.(10) An inmate is not authorized to establish credit transactions through the mail while confined unless authorized by the Warden of the facility.(11) Fund raising by inmates for personal gain is prohibited.(12) Envelopes received by the USP Mail Unit displaying threatening, negative gestures or comments, extraneous materials, or grossly offensive sexual comments, shall be confiscated, declared contraband, placed into evidence, and the inmate shall receive disciplinary action.(13) The publisher-only rule shall govern the receipt of all incoming books, audio media, magazines, and newspapers.(14) Certain types of mail are entitled to constitutionally protected confidentiality, or privilege; accordingly, this privilege prohibits qualifying correspondence material from being read without cause by staff.(15) Incoming privileged mail: (a) shall be inspected, but only in the presence of the inmate addressee;(c) may not be photocopied; and(d) may be denied only for reasonable cause and upon instruction of the DPO Director or their designee.(16) Outgoing privileged mail: (a) shall be inspected only when there is reasonable cause to believe that the correspondence: (i) contains material that would significantly endanger the security or safety of the Institution; or (ii) is misrepresented as legal material.(b) shall only be inspected in the presence of the inmate sender;(c) shall not be perused;(d) shall not be photocopied;(e) may only be denied for a reasonable cause, and upon instruction of the DPO Director or their designee; and(f) from an inmate that cannot be identified, shall be forwarded to the deputy warden who supervises the mail unit, or their designee, who will make a determination of the disposition.(17) All inmate inter or intra-departmental mail shall be processed through the USP Mail Unit.(18) Inmate-to-inmate correspondence may not be permitted, unless: (a) there is a compelling justification for an exception;(b) there is no alternate means of accomplishing that compelling need; and(c) the inmates present a minimal risk, according to Department standards, to security, order, or safety.(19) Inmates have no entitlement to inmate-to-inmate correspondence created by the constitutions of the United States or the state.(20) Personal mail written in a language other than English may be delayed for purposes of translation.(21) The USP Mail Unit may not accept postage-due mail unless payment is waived by the deliverer.(22) The USP Mail Unit may not accept letters, cards, money instruments, or property items for which there is reasonable cause to believe the items are contaminated, defaced, or handled in such a way as to be offensive.(23) Items received that cannot be searched without destruction or alteration, such as electronic greeting cards, multilayered cards, and polaroid photographs shall be denied and returned to the sender.(24) Inmates are prohibited from receiving currency or personal checks.(25) To be identified as incoming privileged mail, the correspondence shall be from an attorney or other sender qualified for privileged correspondence, be properly labeled as claiming privileged status, and have a return address clearly indicating a judicial agency, law firm, individual attorney, or other approved agency or person.(26) All publisher-only media shall be new and audio shall be factory sealed and the return address should be commercially printed or stamped.(27) Nothing in this rule should be interpreted as creating a greater entitlement for inmates or those with whom they correspond than that currently required by law.Utah Admin. Code R251-705-3
Amended by Utah State Bulletin Number 2023-22, effective 11/7/2023