Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-17 - Communication, Mail and Visitation17.1. Written Regulations for Mail. Written policies and procedures shall govern inmate correspondence and shall be available to all staff and inmates. Inmates must utilize their correct return address, although it need not specifically indicate a correctional facility.17.2. Limitation of Mail. When the cost is borne by the inmate, there shall be no limitation on the volume of mail which an inmate may send or receive, or on the length, language, content or source of the mail, except that of obtaining permission for an inmate to correspond with an inmate of another correctional facility. The number of approved correspondents for an inmate shall be unlimited. Limitations may be placed on the use of the mails for the conduct of an inmate business. Inmates have the right to reject any mail directed to them and the rejection shall not subject an inmate to punishment.17.3. Postage Allowance. Procedures shall provide that indigent inmates, as defined in policy, receive a specified postage allowance to maintain community ties. Provision shall be made to ensure that indigent inmates are able to send a reasonable minimum number of letters per month. Community ties include family, personal friends, etc.; privileged communications to attorneys, public officials and courts shall not be restricted.17.4. Mail Forwarding. All first class mail and packages shall be forwarded to inmates who are transferred to other correctional facilities or released, provided a forwarding address is available. If a forwarding address is not available, first class mail shall be returned to the sender. Post Office policies and procedures shall be made available to inmates.17.5. Publications. Specific policies and procedures shall exist to define which publications are allowed in the correctional facility and how they will be inspected. Publications can be prohibited only if they pose a clear, direct and immediate danger to security.17.6. Distribution. Procedures shall insure that incoming and outgoing mail is not delayed. All letters and legal material shall be delivered on the same day of receipt, except as provided in Section 17.7 of this rule.17.7. Censoring. General correspondence, both incoming and outgoing, can only be opened and read if, prior to reading, there is reasonable cause to believe it contains plans for criminal activity or the introduction of contraband, in which event the opening and reading of inmate's mail is subject to the following safeguards: 17.7.1. Prior notice to the inmate, and if a return address is supplied, to the writer or sender;17.7.2. Reasonable opportunity to challenge;17.7.3. Ultimate determination by a disinterested party;17.7.4. Done in the presence of the inmate; and,17.7.5. When a complaint is made by an inmate regarding mail, there shall be an on-site investigation within fourteen days. Records shall be maintained of all mail rejected and the reasons for the rejection.
17.8. Inspection. Procedures shall provide for the inspection of inmate mail to intercept cash, checks, and money orders. Cash, checks and money orders shall be removed from incoming mail, credited to the inmate's account, and a receipt given to the inmate.17.9. Contraband. Policies and procedures shall govern the inspection for and the disposition of contraband. Policies and procedures shall also specify how seizures can be challenged, what should be done with the contraband, and under what conditions receipts are given the sender or addressee. Policies and procedures shall indicate when the matter is referred for prosecution. 17.10. Sealed and Certified Letters.17.10.1. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, attorney of record, officials of the Division of Corrections: elected government officials, news media, grand juries, law enforcement officials, administrators of grievance systems, and members of the parole board. Outgoing privileged mail shall not be opened.17.10.2. Privileged Correspondents. Incoming mail from the privileged correspondents set forth in Subdivision 17.10.1 of this subsection shall not be opened unless the Chief Executive Officer or his or her designee determines that there is reasonable cause to believe that it is counterfeit or that it contains contraband. The mail shall be opened in accordance with the procedures set forth in Section 17.7 of this rule.17.10.3. Certified and Registered Mail. Incoming certified and registered mail for inmates shall be processed as all other mail but delivered to addressee only upon securing a signed receipt. Outgoing certified and registered mail shall be permitted if the inmate sender has the funds to pay for the service.17.11. Telephone. 17.11.1. Telephone Access. Telephone facilities shall be provided to permit reasonable and equitable access to all inmates. Procedures shall specify the hours of telephone availability, the maximum length of calls, and any limitation on telephone calls. All limitations shall be reasonable and in writing. Telephone facilities shall allow for a reasonable amount of privacy and protection from the elements.17.11.2. Telephone Monitoring. No telephone communication shall be monitored or intercepted in any way, unless the Chief Executive Officer or his or her designee reasonably believes that the telephone communication concerns escape plans, plans to commit a crime, or plans to violate correctional facility rules and regulations. The Chief Executive Officer or his or her designee shall inform any inmate that his or her calls will be monitored and give him or her reasons in writing why such action is being taken. In no event shall telephone communications with those persons described as privileged correspondents in Subdivision 17.10.1 of this subsection be monitored or intercepted in any way. Records shall be maintained of all telephone calls monitored.17.11.3. Attorney Calls. Telephone communications between an inmate and his or her attorney shall not be denied. All calls to attorneys shall be permitted daily between 8:00 a.m. and 9:00 p.m. without restriction, except as requested by the particular attorney to be called. The correctional facility is not responsible for payments for long distance or local calls. Inmates shall be allowed to accept direct calls from attorneys.17.12. Visitation Regulations. All regulations pertaining to visiting shall be made available to all inmates at admission. Visitation shall be designed to enhance rehabilitation, establish normalization of social relationships and satisfy security. Reasonably comfortable accommodations and space, and reasonable privacy shall be afforded for visitation. Sufficient seats for indoor visitation shall be provided.17.13. Access to Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by the correctional facility's schedule, space, and personnel constraints, or when there are substantial reasons to justify the limitations. Inmates shall be allowed at least three visitors at one time (with all minor children in the same family counting as one). Each inmate may have at least fifteen approved visitors on an approved visitors' list regardless of their relationship.17.14. Registration. Each visitor shall be required to register his or her name, address, and relation to the inmate upon entry into the correctional facility. All circumstances under which visitors and their belongings may be searched shall be in written policy.17.15. Security. The degree of informality of inmate visiting facilities shall be consistent with the correctional facility's overall security requirements. Maximum physical contact shall be allowed, consistent with an orderly visitation environment. Inmates shall be permitted to hold infant children during visits, and they may assist with feeding. Visiting areas must not, except for documented security purposes with respect to specific inmates and their offenses, physically separate visitors from inmates.17.16. Extended Visits. Procedures shall provide guidelines for determining which inmates are permitted extended visits with their families, the length of the visit, where the visit shall take place and other conditions for the visit. Inmates with appropriate security classifications shall be permitted furloughs home.17.17. Special Visits. Procedures shall govern special visits which may include visits from persons who have come long distances, prospective employers, non-immediate family members, seldom visiting family members, visits to hospitalized inmates, visits to inmates in disciplinary status and visits between inmates and their attorneys, clergy, social service agency representative, etc. These persons need not be included on a visitors list. Written policies and procedures shall specify the conditions of the visits.