Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.01-002 - AR 860 - Inmate Correspondence

Current through Register Vol. 49, No. 6, June, 2024
860
		  Inmate Correspondence
I.
POLICY
:
To establish guidelines for correspondence between inmates and
			 certain persons and orgnizations for the purpose of retaining community ties,
			 stimulating intellectual pursuits, assisting in attainment of vocational or
			 educational goals, resolving grievances and problems, and facilitating the flow
			 of information in areas of legal concern.
II.
EXPLANATION
:
Correspondence, at a wholesome and constructive level, with
			 family members, close friends, associates and organizations is essential to the
			 morale of all confined persons. It may form a positive basis for both present
			 and future adjustment in the unit/center and in the community.
A. There are generally three classes of
		  correspondence: privileged, general, and inter-unit.
1.
Privileged
		  Correspondence
Incoming and outgoing correspondence with the persons or
			 organizations specified below shall be considered privileged correspondence as
			 long as the designated individuals are acting in their official capacities and
			 correspondence is properly marked as such.
a. Officers of Federal, State, and local
		  courts
b. Any Federal or State
		  Official
c. Any administrator of
		  the Department of Correction
d. Any
		  member of the Post Prison Transfer Board
e. Any member of the Board of Correction and
		  Community Punishment
f. Inmate's
		  Attorney
g. Any member of the
		  media, including print, radio, and television Mail from the above will be
		  opened only in the presence of the inmate concerned to inspect for contraband.
		  Mail opened and inspected under these circumstances will not be read or
		  censored, but may be rejected in its entirety if it is found to contain
		  contraband. There will be no records kept of incoming or outgoing privileged
		  correspondence. Outgoing privileged correspondence shall have the words
		  "Privileged Correspondence" or "Legal Mail" marked on the envelope or it will
		  be considered general correspondence. All incoming mail should be in official
		  letterhead envelopes and clearly identified as "Privileged Correspondence".
		  Media mail should be clearly marked "Media Mail".
2.
General
		  Correspondence
Correspondence, other than privileged or inter-unit
			 correspondence, shall . be considered general correspondence. Inmates do not
			 need to submit a list of the people with whom they wish to correspond, nor will
			 any approval be needed from the administration prior to correspondence. There
			 will be no limitation placed on the number of letters mailed or received. All
			 general correspondence, both incoming and outgoing, may be opened, inspected,
			 read and records may be kept of all incoming and outgoing general
			 correspondence to see that the family contact is maintained. Such contact is
			 essential for rehabilitation and arrangements may be made, in the absence of
			 family contact, for correspondence with a volunteer.
The full name under which the inmate was committed and the ADC
			 number of the inmate shall be shown in the upper left-hand comer of the
			 envelope on the outgoing mail. Any violation of the rules and regulations which
			 also constitutes a violation of Federal Postal Laws shall be reported to the
			 federal Postal authorities or appropriate personnel responsible for the
			 processing and inspection of such mail. Inmates in punitive segregation will be
			 allowed to send and receive letters on the same basis as inmates in the general
			 population. This will include both general and privileged
			 correspondence.
3.
Inter-Unit Correspondence
Inter-unit correspondence is that mail between inmates of the
			 Arkansas Department of Correction. Inter-unit correspondence will be restricted
			 to members of the inmate's immediate family. It will be subjected to the usual
			 rules under general correspondence. Inter-unit correspondence must have the
			 approval of both the sending and receiving unit/center Warden/Center
			 Supervisor.
B.
		  Packages
Inmates who are authorized hobby craft cards may order and
			 receive items previously approved by the Warden/Center Supervisor or his/her
			 designee. No other packages will be allowed except with the approval of the
			 Warden/Center Supervisor and the appropriate Assistant Director.
Items needed may be purchased through the commissary.
C. Definitions
1. Inspections: Mail or hobby craft packages
		  can be opened in order to determine if any contraband items are contained
		  therein and to remove any such contraband items.
2. Contraband: Any item that is not permitted
		  under the usual rules of the unit/center.
3. Rejection: Subject to review and rejection
		  of such material which the officials sincerely believe presents a clear and
		  present danger to institutional security.
D. The administrator reserves the right to
		  inspect, read, or stop any mail or hobby craft packages where there is reason
		  to believe a clear and present danger to the security of the unit/center
		  exists.
E. The Department will not
		  accept postage due mail or hobby craft packages.
F. All letters will be written in the English
		  language unless there is approval by the Warden/Center Supervisor to do
		  otherwise.
G. Violators of
		  correspondence regulations will be subject to disciplinary action.
Board Approval Date: 11/16/00
Reference:
Effective Date: 3/24/01