Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-3-16 - Communication, Mail and Visitation16.1. Inmate Correspondence. Written policy and procedure shall govern inmate correspondence; they shall be available to all staff and inmates, reviewed annually and updated as needed.16.2. Limitations. There shall be no limitation on the volume of lawful mail, including letters, packages and publications, which an inmate may send or receive, or on the length, language, content or source of the mail, except where there is clear convincing evidence to justify the limitations for reason of public safety or facility order and security. Outgoing mail shall be at the inmate's expense except as provided in 16.3.16.3. Indigent Inmates. Indigent inmates shall be provided sufficient stationary and postage for all letters to attorneys, courts, and public officials, as well as, two personal letters, without cost.16.4. Mail Processing. Incoming and outgoing mail shall not be held for more than 24 hours, excluding weekends and holidays.16.5. 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 and security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.16.6. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given the addressee.16.7. Sealed Letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, counsel, 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.16.8. Telephone Access. Residents shall be afforded the right to reasonable telephone access. Unless phone access is provided by pay phones in the cell blocks, local phone calls shall be free. Telephone calls shall not be monitored unless so authorized by a prior court order. Facility personnel shall take written messages of incoming calls to inmates, and such messages shall be delivered no later than the end of the shift during which they were received. Inmates shall be permitted to return calls within a reasonable time.16.9. Number and Hours of Visitors. Visitation shall be at least four times weekly including weekends, holidays and evening hours as well as daytime hours. Said scheduled hours shall be of at least three hours in duration. Visits shall not be limited to less than one half hour. Visitors whose schedule cannot accommodate the jail's visiting hours may upon request be granted special hours. 16.10. Visitor Registration. Visitor registration upon entry into the facility shall be required. All circumstances under which visitors may be searched shall be in written policy.16.11. Posting. A schedule of visitation and visitation policy shall be posted.16.12. Limitations. Any visitor shall be allowed except those excluded by court order. Inmates shall receive visits from immediate family regardless of age.16.13. Searches. Inmates may be searched prior and subsequent to visitation. Visitors may be subject to nonintrusive personal searches.16.14. Privacy. There shall be no monitoring of conversations between inmates and visitors.16.15. Counsel. The number of visits with counsel shall not be restricted during reasonable hours.16.16. Contact Visitation. Contact visits, in an appropriate physical setting, shall be available to inmates unless otherwise requested by a party, or unless the inmate's behavior is so extreme as to risk causing serious harm to a person. Denial of contact visitation shall be recorded and explained in the inmate's file.16.17. Publications Restriction. Written policy and procedure define the type of publications allowed in the facility and the inspection procedure. Restriction of access to publications shall be directly related to the maintenance of the order and security of the facility.