Alaska Administrative Code
Title 22 - Department of Corrections
Chapter 05 - Adult Facilities
Article 8 - Communications
22 AAC 05.520 - Mail
Current through August 30, 2024
(a) A prisoner may mail an unrestricted number of pieces of mail and, except as limited in this section, may correspond with anyone. However, limits may be placed on the amount of incoming and outgoing mail sent or received by a prisoner conducting apparent business activities. Mail between prisoners may not be restricted unless an individual's safety or the security of the facility requires limitation. The commissioner will establish procedures under which a prisoner without money in the prisoner's account, will be able to mail, at the facility's expense, letters relating to legal matters.
(b) Incoming mail to a prisoner that is clearly marked as coming from an individual or organization listed in this subsection is privileged and may only be opened in the presence of the prisoner, and only to search for contraband. If there is substantial doubt as to whether or not mail is in fact privileged, such as mail received from an unknown but official-sounding organization, the mail may only be opened in the presence of the prisoner and only to search for contraband, unless at that time it is determined not to be privileged mail. Outgoing privileged mail may not be searched for contraband nor read for content, but is subject to verification in the prisoner's presence that the ultimate intended recipient is the privileged addressee. Mail to or from the following persons or organizations is privileged:
(c) Mail that is not privileged may be opened out of the presence of the prisoner to search for contraband and, upon reasonable grounds to believe that the content falls into any of the categories listed in (1) of this subsection, may be read for content. If mail is read for content, a written record must be made stating the specific reasons the mail was read, and the prisoner must be provided a copy of the record. If such monitoring is undertaken, the procedures set out in (2) of this subsection must be observed. The categories and procedures are as follows:
(d) A reproduction of material from outgoing mail that falls into any of the categories listed in (c)(1) of this section may be placed in a prisoner's case record and may subject the prisoner to disciplinary proceedings. Other material that does not fall into a category described in (c)(1) of this section may not be placed in a prisoner's case record unless it has been lawfully observed by an employee of the department and is relevant to an assessment of the prisoner's facility adjustment or rehabilitative progress. A prisoner must be notified within two working days after the placement of any reproduction of material from outgoing mail into his or her case record.
With Register 180, January 2007 and under the authority of AS 44.62.125, the regulations attorney changed obsolete terminology concerning the division of occupational licensing and the division of banking and securities in conformity with ch. 14, SLA 2005 and to reflect the transfer of certain corporations functions within the Department of Commerce, Community, and Economic Development.
Authority:AS 33.30.011
AS 33.30.021
AS 44.28.030