Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-1-17 - Communication, Mail and Visitation17.1. Inmate correspondence. Written policies and procedures shall govern inmate correspondence, shall be available to all staff and inmates, and shall be reviewed annually and updated as needed.17.2. Limitations. The volume of lawful mail, including letters and publications, which an inmate may send or receive or the length, language, content or source of the mail may not be limited except for reasons of public safety or jail facility order and security. Outgoing mail shall be at the inmate's expense except as provided in section 17.3 of this rule.17.3. Indigent inmates. Indigent inmates shall be provided, without cost, sufficient stationery and postage for all letters to attorneys, courts, and public officials and two (2) personal letters per week.17.4. Restrictions. Written policies and procedures shall define the type of publications allowed in the jail facility and inspection procedures. Restrictions of access to publications shall be directly related to the maintenance of jail facility order and security.17.5. Mail processing. Incoming and outgoing letters shall not be held for more than twenty-four (24) hours, excluding weekends and holidays.17.6. Inspection. Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.17.7. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given to the addressee.17.8. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include courts, counsel, officials of the confining agency, government officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.17.9. Telephone access. Inmates shall be afforded the right to reasonable telephone access. Telephone calls shall not be monitored unless authorized by a prior court order. 17.10. Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by jail facility schedules, space and personnel constraints. Visitation shall be provided at least four (4) times weekly including weekends, holidays and evening hours as well as daytime hours. The scheduled visitation hours shall be at least three (3) hours in duration. Individual visitations shall not be limited to less than one-half hour. Visitors whose schedule cannot accommodate the jail facility's visiting schedule may be granted special visitation hours upon request to the jail facility administrator. The visitation schedule and visitation policies shall be posted.17.11. Visitation limitations. Any visitor shall be allowed except those excluded by court order, visibly under the influence of alcohol and/or drugs, or unable to produce appropriate identification. Inmates may receive visits from immediate family regardless of age provided that all children under the age of eighteen (18) are accompanied by an adult parent, or guardian. Any emancipated child under the age of eighteen (18) must provide proof of emancipation.17.12. Contact visits. Contact visits shall be available unless otherwise requested, or the inmate's behavior risks causing harm to a person, or the inmate is on disciplinary status related to an offense related to visitation.17.13. Risk Inmates. Visiting hours for high risk inmates shall approximate those for other inmates.17.14. Searches. Inmates may be searched prior to and subsequent to visitation. Visitors may be subject to non-intrusive personal searches.17.15. Privacy. Visitation facilities shall be private and confidential with no monitoring of conversations.17.16. Contact visitation area. The contact visiting area shall contain tables which do not impair visibility and communication.17.17. Notification and visitation challenges. Inmates shall be given written notification whenever a visitor is excluded from visitation and shall be given reasons for the action. An inmate shall be given an opportunity to challenge the denial of visitation.17.18. Visitation by counsel. The number of visits with counsel shall not be restricted, during reasonable hours.17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's home county for purposes of visitation if (1) The home county has a holding facility which may be used for purposes of visitation (2) The county commission and the sheriff of the county agree to provide space in the holding facility for purposes of visitation and to accept custody of the inmate during such period of visitation and (3) Additional transportation space is available on regularly scheduled runs to the home county required for other necessary purposes such as transporting other inmates to court proceedings. Priorities for inmates seeking transportation to the home county for visitation shall be assigned to available space on regularly scheduled runs as follows in the following order of priority: (1) Emergency circumstances(2) Transportation for inmates awaiting court proceedings and not under a sentence of incarceration for any crime(3) Inmates who have not received a visit within a three-month period and(4) Other inmates on a first-come, first-served basis in order of date and time of request.