Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-005 - MAIL SERVICES

Current through June 17, 2024
Youth committed to a Youth Rehabilitation and Treatment
				  Center will have access to mail services so long as state and federal laws and
				  regulations governing the use of the mail are not violated, and the security,
				  safety and good order of the facility is not threatened.
005.01
CONTACTS.
A
				youth may write and receive mail from anyone he or she chooses so long as the
				name of each party on the letter does not appear on the youth's list of
				disapproved contacts.
005.02
MAIL PROCEDURES.
All outgoing and incoming mail will
				be processed by an employee of the Youth Rehabilitation and Treatment Center.
				All mail is subject to examination for enclosures and contraband.
005.02(A)
PRIVACY.
Mail may be read by an employee of the Youth Rehabilitation and Treatment
				Center.
005.02(B)
OUTGOING MAIL.
No sealed envelopes will be permitted
				to be mailed from a youth committed to the facility unless the letter is
				addressed to one of the Privileged Contacts identified this chapter. All sealed
				envelopes not addressed to a Privileged Contact shall be returned to sender
				along with a written explanation for the return. Each outgoing letter shall
				bear the name of the writer and his or her address in the upper lefthand corner
				on the front of the envelope. If any outgoing mail is not allowed to leave the
				facility, it will be returned to the sender, along with an explanation for the
				reasons for the action.
005.02(C)
INCOMING MAIL.
All mail sent to a youth must include
				the name and address of the sender on the outside of the envelope.
005.02(C)(i)
MONETARY
				FUNDS.
Monetary funds received through the mail will be posted to
				a youth's institutional account if the sender is identified and receipt of
				these funds does not otherwise violate a Departmental rule or regulation. If
				there is no indication of the name and address of the sender, the funds will be
				placed in the institutional welfare fund.
005.02(C)(i)(1) A youth may not receive
				monetary funds from another youth in a Youth Rehabilitation and Treatment
				Center, a relative of another youth in a Youth Rehabilitation and Treatment
				Center, a youth or an adult inmate in a correctional institution, a volunteer,
				or a person sending money at the request of another youth in the correctional
				institution. Any monetary funds received from these sources will be returned to
				the sender.
005.02(D)
PRIVILEGED MAIL
				EXCEPTION.
Mail may not be subject to the other provisions of this
				section if the requirements of this subsection are met.
005.02(D)(i)
OUTGOING
				MAIL.
A youth may send sealed letters if the letters are clearly
				addressed to any federal or state official, including the Ombudsman and
				Inspector General of Child Welfare, or to any attorney of record for the
				youth.
005.02(D)(ii)
INCOMING MAIL.
If a youth receives mail and the sender
				is identified in commercial printing on the envelope as a federal or state
				official or an attorney of record for the youth, the mail may be opened only in
				the presence of the youth. An employee of the Youth Rehabilitation and
				Treatment Center may examine the mail for contraband, but shall not read the
				mail unless there is clear and convincing evidence that such mail constitutes a
				threat to the safety, security or good order of the
				facility.
005.02(E)
CONTRABAND.
No outgoing or incoming mail may include
				contraband. The Youth Rehabilitation and Treatment Centers will established a
				list of designated items that are considered contraband.
005.02(E)(i)
CONTRABAND IN
				OUTGOING MAIL.
If contraband is found to be contained in any
				outgoing mail, such contraband shall be seized and a receipt given to the
				youth. In the event that seizure of the letter containing contraband is
				necessary for disciplinary purposes, the youth shall be notified in writing. At
				the conclusion of any disciplinary action, seized contraband shall be
				destroyed, retained, or referred to a law enforcement agency, as appropriate.
				If a youth desires to challenge a seizure of contraband, he or she may do so by
				employing the grievance procedure set forth in this Title.
005.02(E)(ii)
CONTRABAND IN
				INCOMING MAIL.
If any contraband is found to be contained in any
				incoming mail, such contraband will normally be returned to the sender, along
				with a copy of the written statement indicating the reason for the return which
				shall be delivered to the addressee. A written statement will then be delivered
				to the addressee with a description of the items removed and an explanation of
				the reasons for the removal. In the event that the mailing of such contraband
				violates state or federal law, the contraband and the letter, if necessary,
				shall be referred to proper law enforcement authorities for appropriate action.
				If a youth desires to challenge a seizure of contraband, he or she may do so by
				employing the grievance procedure set forth in this Title. If a sender desires
				to challenge a seizure of contraband, he or she may do so by contacting the
				Youth Rehabilitation and Treatment Center in writing.