Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.10-001 - AR 860 Inmate Correspondence; and AR 1200 Work/Study Release Program

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 organizations 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 Interstate/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.
a. Officers of Federal,
		  State, and Local Courts
b. Any
		  Federal, State Official or Agency
c. Any administrator of the Department of
		  Correction
d. The Parole Board or
		  any member thereof
e. Board of
		  Corrections
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 for inspect of 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 should be clearly identified as "Privileged
			 Correspondence". Media mail should be clearly marked "Media Mail".
2.
General
		  Correspondence
Correspondence, other than privileged or Interstate/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 corresponding. 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 corner 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.
		  Interstate
/Inter-Unit Correspondence between Incarcerated
		  Individuals
Interstate and Inter-unit correspondence is that mail between all
			 individuals who are incarcerated either within the Arkansas Department of
			 Correction or another facility. Interstate, and Inter-Unit correspondence of
			 two (2) incarcerated individuals will be restricted to members of the 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. In the case of Interstate
			 correspondence where the out of state facility does not take a position, only
			 the Arkansas Warden/Center Supervisor must approve. For the purposes of this
			 provision "immediate family" is defined as the inmate's father, mother, sister,
			 brother, spouse, children, grandparents, grandchildren, stepfamily members,
			 half-siblings, verified foster child, son-in law, daughter-in-law, niece or
			 nephew.
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/Deputy 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.