West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-02 - Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities › Section 95-2-17 - Communication, Mail and Visitation

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Written
						Regulations for Mail. Written policies and procedures shall govern inmate
						correspondence and shall be available to all staff and inmates. Inmates must
						utilize their correct return address, although it need not specifically
						indicate a correctional facility.
17.2. Limitation of Mail. When the cost is
						borne by the inmate, there shall be no limitation on the volume of mail which
						an inmate may send or receive, or on the length, language, content or source of
						the mail, except that of obtaining permission for an inmate to correspond with
						an inmate of another correctional facility. The number of approved
						correspondents for an inmate shall be unlimited. Limitations may be placed on
						the use of the mails for the conduct of an inmate business. Inmates have the
						right to reject any mail directed to them and the rejection shall not subject
						an inmate to punishment.
17.3.
						Postage Allowance. Procedures shall provide that indigent inmates, as defined
						in policy, receive a specified postage allowance to maintain community ties.
						Provision shall be made to ensure that indigent inmates are able to send a
						reasonable minimum number of letters per month. Community ties include family,
						personal friends, etc.; privileged communications to attorneys, public
						officials and courts shall not be restricted.
17.4. Mail Forwarding. All first class mail
						and packages shall be forwarded to inmates who are transferred to other
						correctional facilities or released, provided a forwarding address is
						available. If a forwarding address is not available, first class mail shall be
						returned to the sender. Post Office policies and procedures shall be made
						available to inmates.
17.5.
						Publications. Specific policies and procedures shall exist to define which
						publications are allowed in the correctional facility and how they will be
						inspected. Publications can be prohibited only if they pose a clear, direct and
						immediate danger to security.
17.6.
						Distribution. Procedures shall insure that incoming and outgoing mail is not
						delayed. All letters and legal material shall be delivered on the same day of
						receipt, except as provided in Section 17.7 of this rule.
17.7. Censoring. General correspondence, both
						incoming and outgoing, can only be opened and read if, prior to reading, there
						is reasonable cause to believe it contains plans for criminal activity or the
						introduction of contraband, in which event the opening and reading of inmate's
						mail is subject to the following safeguards:
17.7.1. Prior notice to the inmate, and if a
						return address is supplied, to the writer or send­er;
17.7.2. Reasonable opportunity to
						challenge;
17.7.3. Ultimate
						determination by a disinterested party;
17.7.4. Done in the presence of the inmate;
						and,
17.7.5. When a complaint is
						made by an inmate regarding mail, there shall be an on-site investigation
						within fourteen days.
Records shall be maintained of all mail rejected and the
							reasons for the rejection.