Current through Register 1531, September 27, 2024
(1) Outgoing privileged mail shall not be
opened for inspection or any other purpose or otherwise impeded in its
transmission, if it meets the following requirements:
(a) it is addressed to a person listed in
103 CMR
481.10(1);
(b) if the inmate acknowledges that they are
the sender of the correspondence or package, the inmate will be asked to open
the correspondence or package for inspection;
(c) it has been marked by the institution to
indicate to the addressee that it has not been inspected or opened;
and
(d) it successfully passes a
fluoroscope examination for contraband material if mailed from a medium or
maximum security level facility, or, if mailed from a minimum or prerelease
security level facility, it successfully passes a fluoroscope examination for
contraband material when requested by the Superintendent and approved by the
Commissioner.
(2)
Outgoing privileged mail that does not successfully pass a fluoroscope
examination shall be processed as follows:
(a)
the inmate whose name appears on the return address shall be notified of the
unsuccessful fluoroscope examination of the privileged mail;
(b) if the inmate acknowledges that they are
the sender of the privileged mail, the inmate will be asked to open the
privileged mail for inspection; and
(c) if an inmate refuses to open such
privileged mail for inspection upon request, the addressee's permission to open
and inspect the privileged mail will be sought unless circumstances require the
matter to be referred to the appropriate law enforcement agency by the
Superintendent (e.g., U.S. Postal Service, State Police,
Federal Bureau of Investigation, District Attorney) for handling as
appropriate, and the Commissioner shall be notified.
(3) Incoming privileged mail may be required
to successfully pass a fluoroscope examination for contraband material but
shall not be opened by a DOC employee except in the presence of the addressee
inmate. A Privileged Mail Logbook shall be utilized to document the inmate's
receipt of the privileged mail. The purpose of the inspection will be to
receive and receipt any funds enclosed for the inmate, and/or to prevent the
transmission of contraband to the inmate. The processing of funds, and/or
contraband found in mail shall be in accordance with
103 CMR
403.00: Inmate Property and
103 CMR
481.00.
(4) In order to prevent fraudulent privileged
mail from entering DOC facilities, the DOC may implement an Attorney
Verification System (AVS). If an AVS is established, the Department shall
create internal procedures, that at a minimum, consist of the following:
(a) Any attorney wishing to send privileged
mail must attempt to participate in the AVS;
(b) Forms/applications to participate in the
AVS must be completed in their entirety;
(c) Procedures to process mail from an
attorney who does not attempt to comply with the AVS, or if the Department is
not able to verify the privileged mail through the AVS;
(d) Incoming privileged mail may not be
opened by a Department employee except in the presence of the addressee inmate
and for the purpose of receiving and receipting of any funds enclosed for the
inmate and/or ascertaining that its contents are free of contraband. Privileged
mail which complies with the AVS is presumed to have no contraband.
Notwithstanding the use of an AVS, the Department retains and reserves the
right to employ in its discretion internal procedures including, but not
limited to, the use of K-9 Units, fluoroscopes, photocopying, and field
testing, to ensure that the mail is legitimate privileged correspondence, and
does not include contraband, and to conduct further investigation as
warranted.
(e) Nothing in 103 CMR
481.11 shall prohibit the Department from developing an additional system for
delivery of privileged mail through electronic mail.
