Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 481.00 - Inmate Mail
Section 481.12 - Inspection of Non-privileged Mail

Universal Citation: 103 MA Code of Regs 103.481

Current through Register 1531, September 27, 2024

(1) Processing of Non-privileged Mail.

(a) All outgoing, non-privileged mail being sent from a maximum or medium security level facility shall be required to successfully pass a fluoroscope examination for contraband materials. All outgoing non-privileged mail being sent from a minimum or pre-release security level facility may be required to successfully pass a fluoroscope examination for contraband materials when requested by the Superintendent and approved by the Commissioner. The opening and inspection of outgoing non-privileged mail at all security level facilities shall be at the discretion of the Superintendent to prevent the transmission of materials and/or information which represents a threat to security, order, rehabilitation or public safety, or appears to contain material not addressed to the addressee, but rather, material intended for other parties.

(b) All incoming non-privileged mail may be required to successfully pass a fluoroscope examination for contraband materials, and shall be opened and inspected before delivery to the inmate. The purpose of inspection will be to receive and receipt any funds enclosed for the inmate; to verify and record the receipt of permitted personal property; and/or to prevent the transmission of contraband to the inmate. The processing of funds, permitted personal property and contraband found in mail shall be in accordance with 103 CMR 403.00: Inmate Property.

(c) Notice shall be sent to the sender and the addressee, for both outgoing and incoming non-privileged mail, whenever contraband is confiscated, provided that the address is known. Such notice shall satisfy the requirements of 103 CMR 481.15 and 481.16. Any money order, cash, or check(s), confiscated as contraband shall be processed pursuant to 103 CMR 403.17(2).

(2) Mail Monitoring of Non-privileged Mail.

(a) The Superintendent may authorize the reading or censoring of an individual inmate's incoming and outgoing non-privileged mail only to prevent interference with institutional goals of security, order, discipline, or if it might facilitate, encourage or instruct in criminal activity. Authorization for reading mail shall never be based upon an employee's personal views or for retaliation against an inmate.

(b) In circumstances where staff has received specific information that a particular inmate's mail contains information which jeopardizes institutional security in accordance with the categories listed in 103 CMR 481.13(2)(a) through (j):
1. Staff shall submit a Request for Inmate Mail Monitor form via Inmate Management System (IMS) to the Superintendent, which will include a detailed explanation as to the reason for the request in accordance with 103 CMR 481.13(2) and 481.14(2).

2. The Superintendent will approve or deny said request via IMS. The mail monitor will expire 90 days from the date of approval.

3. A one-time extension may be granted by the Superintendent for monitoring beyond the 90 days contingent upon a substantial belief that the initial condition under which the mail monitor was initially approved still exists. The request for this extension will be completed via the extension tab located on the original mail monitor request form that was submitted via IMS.

4. If additional time is requested, the Superintendent shall be prudent and exercise conservative judgment when determining the necessity to continue the mail monitor. In this case, a new request via IMS will need to be initiated and approved for an additional 90 days.

(3) Upon approval of a mail monitor by the Superintendent, the following recordkeeping and oversight will be established:

(a) An approved mail monitor should not in any way delay delivery of incoming mail to the inmate or outgoing mail to the post office. The only exception to this time frame should be in those instances where mail is confiscated in accordance with 103 CMR 481.15 and 481.16.

(b) A central file shall be established and maintained by the Inner Perimeter Security (IPS). This file shall include copies of any mail that included information supporting the original request.

(c) An electronic log shall be maintained in IMS to be used whenever a staff member reads inmate mail pursuant to an approved mail monitor. Content of the log will include, but is not limited to:
(1) Inmate name and commitment number;

(2) Name of staff reviewing mail and date reviewed;

(3) Dates of monitor approval and expiration;

(4) Type of mail, i.e., incoming/outgoing;

(5) Name and address of sender/receiver;

(6) Type of intelligence received; and

(7) Superintendent review.

(d) The electronic mail monitor log shall be reviewed by the Superintendent every 90 days and documented in the mail monitor log.

(4) Photocopying of Incoming Non-privileged Inmate Mail.

(a) In the event that all incoming inmate non-privileged mail at a particular institution creates an unacceptable risk for introduction of contraband, the Commissioner may authorize that all incoming non-privileged inmate mail at that institution shall be photocopied prior to distribution to inmates, and all newly received non-privileged paper mail shall be deemed contraband unless otherwise provided for in 103 CMR 481.00. When all incoming non-privileged inmate mail at an institution is photocopied, the Superintendent shall ensure that the following directives are followed:
1. All inmates shall receive a photocopy of all authorized, non-privileged mail addressed to them. An electronic copy of the photocopy shall be sufficient if the inmate possesses an electronic tablet which permits the inmate to read and store the mail.

2. All inmates shall receive a photocopy of authorized photographs mailed to them. Multiple pictures may be fitted to a standard size copy paper.

3. In most instances, photocopies will be black/white photocopies of incoming non-privileged inmate mail. Color photocopies should be utilized for incoming non-privileged mail consisting of colored or crayon drawings, color photographs/pictures and greeting cards utilizing color. Color photocopies should not be used to photocopy colored paper or envelopes, yellow lined paper, letterhead, return address labels, signatures or postmarks appearing in color.

4. Photographs emanating from verifiable photo-printing companies do not need to be photocopied. If the recipient inmate is housed at an institution for which the Commissioner has authorized incoming inmate non-privileged mail to be photocopied, photographs from a verifiable photo printing company may be sent directly to the institution.

5. Publications sent directly from publishers, shall not be photocopied or deemed Excess Pages when sent to an institution which is authorized by the Commissioner to photocopy all incoming inmate non-privileged mail; however any inserts, flyers and/or advertising materials included within said Publication, as well as any correspondence from publishers which includes all envelopes, may be photocopied. At institutions for which the Commissioner has authorized photocopying of all incoming inmate non- privileged mail, the Superintendent may provide either the original Publication, work with the sender to obtain a digital copy of the Publication, or create a single digital copy to forward to the recipient inmate electronically.

(b) In the Event that the Commissioner does not authorize the photocopying of nonprivileged mail at an institution, the Superintendent reserves the right to authorize the photocopying of individual pieces of mail that are suspected of contraband.

(c) Contraband mail shall be processed in accordance with 103 CMR 403.15(1)(b). Photocopies of contraband items may be made. An inmate shall receive notices of contraband as required by 103 CMR 403.15: Disposal of Inmate Property, by way of paper or electronic notice, or paper or electronic posting. The inmate may choose to have the original mail sent to a designated person at the inmate's expense.

(d) If an inmate is transferred to a Department institution that is photocopying non-privileged inmate mail, photocopied mail and digital mail shall be transferred along with the inmate. Any original paper mail that the inmate has within /their possession shall be deemed contraband and treated in accordance with 103 CMR 403.15: Disposal of Inmate Property, with the exception of previously authorized photographs (which the inmate may retain). The inmate may request that any original paper correspondence, previously approved for cell retention, be photocopied and transferred at the Department's expense (up to the amount that the inmate is authorized to maintain in cell).

(e) For inmates being transferred to another jurisdiction that does not support digital mail, the inmate may request that digital mail and/or photographs be downloaded and printed at the Department's expense in order to allow for transfer of such mail.

(f) Department institutions which photocopy non-privileged mail shall ensure that the time frames set forth in 103 CMR 481.07(3) are adhered to, specifically: "Outgoing mail shall be collected from the inmates and delivered to the post office, and incoming mail shall be picked up from the post office and processed in accordance with 103 CMR 481.07(2), except when an article of mail is held pursuant to the provisions of 103 CMR 481.14 and 481.15."

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