Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-050 - Procedures for restrictions of incoming and/or outgoing mail

Current through Register Vol. 24-14, July 15, 2024
(1) If an inmate's
			 incoming or outgoing mail is restricted, written notification will be provided
			 to the inmate by the mailroom staff. This notification shall be provided to the
			 inmate and the sender of the specific publication, letter, or package which has
			 been restricted and the reason for this action. The notice shall contain
			 notification to the inmate that the restriction becomes final within ten days
			 of the initial notice. The superintendent or his/her designee shall review the
			 restriction within the ten-day period of time and shall either uphold the
			 restriction, or allow for the delivery of the mail.
(2) The inmate and sender shall be advised in
			 writing of his/her right to seek review of the decision to restrict his/her
			 mail. The review shall be sought by writing directly to the
			 superintendent/designee within ten calendar days of the initial restriction
			 decision.
(3) Upon receipt of an
			 inmate's and/or sender's appeal, the superintendent or his/her designee shall
			 affirm or reverse the action taken at the institution and shall send a notice
			 of the decision in writing within ten working days from the receipt of the
			 inmate's or sender's written request.
(4) The inmate and the sender may seek a
			 review of the superintendent's/designee's decision by writing directly to the
			 staff designated by the secretary within ten calendar days of the
			 decision.
(5) Upon receipt of the
			 offender's or sender's appeal, the staff designated by the secretary will
			 affirm or reverse the action taken at the facility and will advise the offender
			 or sender in writing of this action within ten calendar days from the receipt
			 of the offender's or sender's written request.
(6) Incarcerated offenders are financially
			 responsible for disposing of their own unauthorized personal property by
			 shipping it to a nonincarcerated person designated by the offender at the
			 offender's expense. The sender should not send stamps or money to the facility
			 or headquarters for this purpose.
(7) When a decision is rendered regarding a
			 particular issue of a publication, that decision shall be binding for all
			 prison facilities. A statewide notification shall be promptly issued from the
			 final reviewer when the decision is rendered.
(8) If a package contains contraband and is
			 subject to criminal prosecution, the entire package will be turned over to the
			 appropriate law enforcement agency. Items of contraband not subject to criminal
			 prosecution will be disposed of in accordance with procedures set forth in
			 departmental and facility regulations as authorized by chapter 137-36
			 WAC.
05-13-004, §
										137-48-050, filed 6/2/05,
				  effective 7/2/05. 91-23-103, §
										137-48-050, filed 11/20/91,
				  effective 1/1/92. Statutory Authority: RCW 72.08.380,
				  
											72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-050, filed 9/27/83.
				  Formerly WAC 275-96-070.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.