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WYOMING DEPARTMENT OF CORRECTIONS

Policy and Procedure #5.401 Inmate Mail

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Authority: Wyoming Statute(s):

25-1-104; 25- 1-105

ACA Standard(s):

4-4266; 4-4487Rev; 4-4488; 4-4489; 4-4490; 4-4491; 4-4492 Rev 4-4493; 4-4494; 4-4495Rev; 4-4496.

Cross Reference of Policy: P&P #3 .006, Property Control; P&P #3 .009, Evidence Collection and Chain ofCustody; P&P #3.013, Searches; P&P #3.301, Management ofSecurity Threat Groups; P&P #3.401, Inmate Access to Courts; P&P # 5.400, Inmate VisitinG,.

Approved:

Effective Date:

January 15, 2013

Re\?ision/Review History:

12/01111

03/31 /07 06/01/03

Summary of Revision/Review: Updates existing policy pursuant to annual review.

Supersedes Existing Policy :

R.O. Lampert

12-27-12

Robert 0. Lampert., Director

Date

APPROVED FOR INMATE DISTRIBUTION

The policy and procedure setforth herein is intended to establish directives for staff members and those entities that are contractually bound to adhere to it in providing inmates with access to telephone services. It is not intended to establish State created liberty or properly interests f or staffmembers or inmates, or an independent duty owed by the WDOC to staff members, inmates, or third parties. This policy and procedure is not intended to establish or create new constitutional rights or to enlarge or expand upon existing constitutional rights or duties.

REFERENCE

1.

ATTACHMENTS

A. WDOC Form #306, Search ofInmate's Legal Material

B. WDOC Form #520, Overview ofInmate Mail Regulations Affecting You

C. WDOC Form #521, Notification ofMail Rejection

D. WDOC Form #522, Package Authorization

E. WDOC Form #523, Notification ofPrivileged Mail Accidentally Opened

F. WDOC Form #524, Notification ofPublication Rejection

G . WDOC Form #525, Notification ofPackage Rejection

H. WDOC Form #526, Indigent Inmate Application and Verification

WYOMING DEPARTMENT OF CORRECTIONS ? 1934 Wyott Drive? Cheyenne, Wyoming 82002 TELEPHONE (307) 777?7208 . FAX (307) 777-7479 . WEBSITE

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WYOMING DEPARTMENT OF

CORRECTIONS

Policy and Procedure #S.401

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PURPOSE

A. Procedures for Processing Incoming and Outgoing Inmate Mail. The purpose of this policy is to establish a uniform set of guidelines and procedures which wiJJ be used by Wyoming Department of Corrections' correctional facilities to process incoming and outgoing inmate mail in order to decrease the likelihood of the introduction of contraband; decrease the likelihood of dissemination of information in violation of this policy; promote the safety and security of staff, inmates and the public; and promote the good order of the correctional facility. This policy and procedure shall govern inmate correspondence. (ACA 4-4487-Revised)

II. POLICY

A. General Policy. In regard to inmate mail, it is the policy of the Wyoming Department of Corrections (WDOC) to:

1. Implement methods whereby inmate mail (both incoming and outgoing) is processed without unnecessary delay, loss, or damage;

2. Provide consistent documentation of mail processing within the correctional facility mail service to ensure maH is processed in accordance

with this policy and procedures and to ensure that inmates, regardless of classification or custody assignment, are afforded the opportunity to write and receive letters on the same basis as inmates in the general population; and,

3. Ensure that inmates shall not send, receive, transfer, or possess mail which violates the provisions of this policy and procedure, which contains inflammatory material or which may otherwise present a threat to the safety and security of staff, inmates and the public, or present a threat to the good order of the correctional facjlity.

4. AJiow inmates in segregation status to write and receive letters on the same basis as inmates in the general population. (ACA 4-4266)

m. DEFUic1TmNs

A. Approved Personal Visiting List: The official list of visitors requested by the inmate and approved by WDOC, in accordance with WDOC Policy and Procedure #5.400, Inmate Visiting.

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Policy and Procedure

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DEPARTMENT OF

#5.401

Inmate Mail

'

CORRECTIONS

B. Attorney: A member of a state bar association who is licensed to practice law in Wyoming or another state.

C. Business Transaction: A transaction involving the purchase, sale or delivery of merchandise, commodities, or services of any kind.

D. Censored: (For this policy only.) The removal of any part of incoming or outgoing mail based on legitimate correctional facjJity interests of order and security.

E. Check Processing: (For this policy only.) The procedures followed by staff to complete a financial transaction on behalf of the inmate.

F. Chief Executive Officer (CEO): A CEO is identified, but not limited to, the following positions: Director, Deputy Director, division administrators, deputy administrators, wardens, district supervisors, adult community corrections coordinator, and adult community corrections directors.

G. Confinement Name: The name under which the inmate is currently confined in accordance with Wyoming Department of Corrections' records.

H. Confiscate: (For this policy only.) To remove the item or tbat portion of the item that violates this policy and procedure.

I. Contraband: Contraband includes:

t. Any item or article which an inmate is prohibited by statute, rule or order

from obtaining or possessing.

2. Any item or article which is not authorized by regulations of the Wyoming Department of Corrections, or a subunit thereof.

3. Any item or article which is in excess of the maximum quantity permitted by written regulations of the Wyoming Department of Corrections, or a subunit thereto, including approved property items in excess of the amounts established by WDOC Policy and Procedure #3.006, Property Control.

4. Any item or article which is received or obtained from an unauthorized source.

S. Any item or article which was once authorized but is no longer authorized or which poses a threat to security and good order.

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6. Any item or article which is a]tered without authorizatjon, put to an

unauthorized use, or taken into an unauthorized area.

7. Evidence of a crime or other violation.

J. Co-Parties: Two (2) or more individuals involved together in the same 1awsujt or named together in the same court proceeding. Co-parties include

co~plaintiffs (two (2) or more persons filing suit together) and co-petitioners {two (2) or more persons fiJing a common petition asking the court for a

ruling).

K. CorrectionaJ Facility: Any adult correctional facHity op(irated by the Wyoming Department of Corrections or correctional faciJjties and county jails under contract with the Wyoming Department of Corrections.

L. Department of Corrections Employee: Any person employed full-time, part-time, or under temporary appointment by the Wyoming Department of Corrections; any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services or support to department programs.

M. Discovery: (For this policy only.) The process of gathering information in preparation for legal action.

N. Examine: (For this policy only.) To open and examine or view, including the reading and/or photocopying of contents. All non-privileged incoming and outgoing mail is subject to examination at any time. Privileged mail is subject to scan search and examination upon the written approval of the Chief Executive Officer or acting Chief Executive Officer only.

0. Gang Related Material: Any identifying depiction, object, item or material

such as jewelry, symbols, gang signs, stationery, writings, code, emblems, information, tattoos, and gang colors or patches, known to be associated with a particular security threat group, including photographs depicting any such object, item or material.

P. Immediate Family Member: {For this policy only.) Those related by blood, adoption, or current valid marriage as spouse, parent, grandparent, children, or siblings only. Validation of the relationship as required may come from the inmate's Pre-Sentence Investigation (PSI) report, personal history summary or other documentation.

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Policy and Procedure #5.401

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Q. Incarcerated Individual: (For this policy only.) Any person currently confined in any foreign, federal, state, or locaJ correctional facility, including jails.

R. Indigent Inmate: An inmate who has no source of income and no money on his/her account. Inmates who have twenty-five dollars ($25.00) or more credited to their account at any time in any given month from any source for discretionary spending wiIJ not be considered indigent during that month regardless oftheir account balance at any time during that month.

S. Inflammatory Material: Material whose presence in the facility is deemed by the department to constitute a direct and immediate threat to the security, safety, health, good order, or discipline of the correctional facility because it incites or advocates physical violence against others or because it incites or advocates a major violation of the Code of Inmate Discipline or violation of federal or state criminal laws. No material sha11 be considered inflammatory solely because it criticizes the operation, programs or personnel of the Wyoming Department of Corrections, Board of Parole, or any other governmental agency. No material shall be considered inflammatory solely on the basis of its appeal to a particular ethnic, racial, or religious audience, unless it otherwise violates this poJicy.

T. Inmate: Any person under the supervision of the Wyoming Department of Corrections who is not on parole or probation status. An inmate is a person w ho is incarcerated in any Wyoming Department of Corrections' correctional facility, county jail, municipal jail or in-state/out-of-state contract facilities, to include adult community corrections centers, who is committed to the custody and supervision of the Wyoming Department of Corrections.

U. Inmate Funds: Inmates' persona] money in the care and custody of the Wyoming Department of Corrections that is managed by the Wyoming Department of Corrections.

V. Inmate Identification (I.D.) Card: A laminated picture I.D. card accepted by the Wyoming Department of Corrections as the authorization for an inmate to move from one location to another. The inmate l.D. card must be produced upon request. The only exception is maximum custody inmates who do not keep their J.D. card.

W. Inmate's Correctional Facility Number: The unique identification number assigned to each inmate upon intake into the Wyoming Department of Corrections.

X. Inspection: (For this policy only.) To open and check for physical contraband, without reading or photocopying. AU incoming and outgoing

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Policy and Procedure #5.401

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mail, including legal and official mail, is subject to inspection in accordance

with the guidelines of this policy.

Y. Inspection Device: Any device (i.e., metal detector, fluoroscope, etc.) which is used to detect contraband in the fonn of metal or other foreign objects.

Z. Legal Mail: Incoming or outgoing mail to or from an attorney, court, or court official clearly addressed as "LEGAL MAIL" on the addressee side of the envelope, with the designation set apart from the return address and mailing address, and of sufficient size to permit easy recognition by mail room staff. Legal mail includes mail which is addressed to or received from the following:

1. Wyoming Attorney General's office;

2. United States Attorney General' s office;

3. United States Department ofJustice;

4. County and prosecuting attorneys;

5. Federal, State, Local and Tribal Courts;

6. Attorney;

7. Legal aid clinic; or

8. American Civil Uberties Union.

AA. Mail: Incoming or outgoing correspondence, publications and packages

authorized by the inmate mail policy to be sent or received by an inmate.

BB. MaiJ Processing: The handling and dfaposition of incoming or outgoing mail which has been opened by staff for inspection or examination.

CC. Mail Restriction: Restriction of mail privileges as a result of violations of

the inmate mail policy.

DD. Money: Cash, money orders, personal checks, warrantsJ certified checks, and other remittances.

EE. Non-Privileged Mail: Mail other than privileged mail.

FF. Nudity: A pictorial depiction where male or female genitalia are exposed, where male or female buttocks are fully uncovered and/or any portion of the