Current through Register 1531, September 27, 2024
(1)
Incoming Mail.
It is the policy of the Department not to read, censor, or disapprove incoming
mail, except where necessary to protect legitimate governmental
interests.
(2) The Superintendent
may authorize the reading, censoring or disapproval of incoming non-privileged
mail only to prevent interference with institutional goals of security, order,
discipline, or if the non-privileged mail might facilitate, encourage, or
instruct in, criminal activity. Disapproval of incoming, non-privileged mail
shall not be based upon an employee's personal views about the mail. The Deputy
Superintendent or designee may disapprove receipt by an inmate of
non-privileged mail, the contents of which fall as a whole or in significant
part into any one of the following categories:
(a) The non-privileged mail contains
depictions or descriptions of procedures for the construction or use of
weapons, ammunition, bombs or incendiary devices;
(b) The non-privileged mail contains
depictions, descriptions or encouragement of methods of escape from
correctional facilities, or contains blueprints, drawings or similar
descriptions of any correctional institution within the Commonwealth;
(c) The non-privileged mail contains
depictions or descriptions of procedures for the brewing of alcoholic
beverages, or the manufacture of drugs;
(d) The non-privileged mail is written, in
whole or in part, in code;
(e) The
non-privileged mail contains depictions, descriptions or encouragement of
activities that may lead to the use of physical violence or group
disruption;
(f) The non-privileged
mail contains encouragements or instructions in the commission of criminal
activity;
(g) The non-privileged
mail contains sexually explicit pictorial material or material which features
nudity which, by its nature or content, poses a threat to the security, good
order, or discipline of the institution; and
(h) The non-privileged mail facilitates the
introduction of contraband drugs and other contraband.
(i) The non-privileged mail, including any
attachments or enclosures, contains Excess Pages.
(3)
Incoming
Publications.
(a) The Deputy
Superintendent may reject a Publication within a reasonable time of receipt to
prevent interference with institutional goals of security, order,
rehabilitation, or if the Publication facilitates, encourages, and/or instructs
in criminal activity. The Deputy Superintendent may not reject a Publication
solely because its content is religious, philosophical, political, social, or
because its content is unpopular or repugnant. Publications which may be
rejected by a Deputy Superintendent include, but are not limited to,
Publications which fall within one of the categories listed in
103
CMR 481.14(2)(a) through
(i). An inmate may not receive more than one
copy of a particular issue of a Publication.
(b) Publications may be excluded solely
because they contain sexually explicit material or feature nudity as defined in
103 CMR 481.05. In
addition, the Deputy Superintendent of the Treatment Center, with the approval
of the Commissioner, may exclude additional types of material that may
interfere with the treatment and rehabilitation process at that
institution.
(c) It is the Deputy
Superintendent's decision as to whether or not a Publication should be
excluded.
(d) Sexually explicit
material does not include material of a news or information type, or material
illustrative of medical, educational, or anthropological content.
(e) Deputy Superintendents may not establish
an excluded list of Publications. Deputy Superintendents should review each
issue of a subscription Publication prior to rejection of the issue. Rejection
of several issues of a subscription Publication is not sufficient reason to
reject the subscription in its entirety.
(f) Where a Publication is rejected, the
procedural requirements of
103
CMR 481.15 shall be followed. The notice
required by
103
CMR 481.15 shall contain reference to the
specific article(s) or material(s) considered objectionable.
(4) Any employee reading inmate
incoming mail pursuant to the Superintendent's authorization shall record such
action in a logbook maintained for such purpose.
