Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 131 - MAIL (AIC)
Section 291-131-0037 - Disposition of Prohibited Mail
Universal Citation: OR Admin Rules 291-131-0037
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Mail, if not confiscated, will be returned to the U.S. Postal Service, or to the applicable mail service provider, for not meeting requirements provided in these rules.
(2) Contraband:
(a) Illegal contraband or evidence of a crime
shall be confiscated and turned over to the Oregon State Police. No notice of
confiscation shall be given.
(b)
Non-Inmate Sender:
(A) Contraband (including
unauthorized attachments or enclosures) that is not illegal or evidence of a
crime shall be returned to the non inmate sender with the contents of the
envelope or package intact, together with a Mail Violation Notice (CD 618a).
(B) Unauthorized items with
minimal monetary value (e.g., paper clips, rubber bands, uncancelled stamps,
book marks, envelopes, blank paper, blank cards, blank postcards, etc.) may be
removed and destroyed and the remaining mail sent to the inmate if the
remaining contents are otherwise in compliance with department rules. No notice
shall be provided to the sender or inmate recipient for the removal and
destruction of minimally valued items.
(c) Inmate Sender: Any enclosures (i.e.,
photographs, hand-made drawings in excess of that allowed) that are not illegal
or evidence of a crime, or that are otherwise not prohibited in outgoing mail
under these rules shall be returned to the inmate sender with the contents of
the envelope or package intact, together with a Mail Violation Notice (CD
618a). Any item that poses a threat or is a detriment to the security, good
order, or discipline of the facility, or that would encourage or instruct in
criminal activity, may be confiscated and retained pending an investigation. If
appropriate, the inmate may be issued a misconduct report, in accordance with
the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR
291-105).
(3) Money:
(a) Cash contained in mail shall be
confiscated and deposited to the Inmate Welfare Fund. Notice of the
confiscation shall be provided to the sender on a Mail Confiscation Notice (CD
618b). A copy of the notice shall also be provided to the intended inmate
recipient.
(A) If the cash was concealed in
the mail, a written entry shall be made on the Mail Confiscation Notice (CD
618b) to document the method of concealment. If, after an administrative review
of the confiscation, it is determined that the sender did not conceal the cash,
the money shall be returned to the sender.
(B) Correspondence received in an envelope
from which cash has been confiscated shall be delivered to the intended inmate
recipient if the correspondence is otherwise in compliance with department
rules.
(b) Monies other
than cash (e.g., money orders, warrants, personal checks, prepaid cards, and
certified checks) contained in mail shall be returned to the sender with the
contents of the envelope or package intact, together with a Mail Violation
Notice (CD 618a). A copy of the Mail Violation Notice shall be provided to the
intended inmate recipient. The appropriate Assistant Director or Central Office
Administrator may waive this requirement and provide further instructions
during the annual holiday buying period.
(A)
Prior to returning the mail to the sender, the offending money item shall be
photocopied together with the addressee side of the envelope or package.
(B) The photocopy shall be
retained by the facility according to archive standards.
(4) Mail with unauthorized or insufficient postage shall be refused and returned to the U.S. Postal Service. Notice of the reason for the mail rejection shall be provided on a form label or stamp affixed to the outside of the envelope or package.
(5) Unauthorized Attachments or Enclosures:
(a) Mail received with unauthorized
attachments affixed to the outside of an envelope or package shall remain
unopened, be refused, and returned to the U.S. Postal Service or applicable
mail service provider. Notice of the reasons for the mail rejection shall be
provided on a form label or stamp affixed to the outside of the envelope or
package.
(b) Mail received with
unauthorized attachments affixed to the inside of an envelope or package, or
affixed to the contents of an envelope or package, or mail received with
unauthorized enclosures, except for that with minimal monetary value as
described in section (2)(b) above, shall be refused and returned to the sender
with the contents of the envelope or package intact, together with a Mail
Violation Notice.
(6) Correspondence and Publications: When, after opening, mail is rejected for violation of these or other department rules the following procedures shall be followed:
(a) Rejected Mail:
(A) Non-inmate sender: The sender and
intended inmate recipient shall be notified of the rejection of mail, including
the reasons, on a Mail Violation Notice (CD 618a) for correspondence, or a
Publication Violation Notice for a publication. If the rejection is based upon
written or pictorial content, the notice shall advise that an independent
review of the rejection may be obtained by writing to the functional unit
manager within 30 days of the date of the notice. Mail rejected based on
written or pictorial content shall be returned intact to the sender. The
rejected portion of the mail shall be photocopied and retained pending any
administrative review. If no administrative review is requested, the photocopy
shall be maintained according to archive standards.
(B) Inmate Sender: The inmate sender shall
receive the same standards as the non-inmate sender. However, the intended
recipient shall not be notified of the rejection for any mail sent by an inmate
in a Department of Corrections facility and shall not be eligible for an
administrative review.
(b) No administrative review shall be
available if the rejection is based on the presence of an unauthorized
attachment, substance, or enclosure on or with the mail, or if the rejection is
based on any violation not related to the written or pictorial content.
(c) Confiscated Mail:
(A) Non-inmate Sender: If the mail is
confiscated, notice shall be made to the sender and intended inmate recipient
on a Mail Confiscation Notice (CD 618b), unless it includes plans for a
discussion or commission of a crime or evidence of a crime. In such cases, no
notice shall be given and the mail shall be turned over to the Special
Investigations Unit of the department or the Oregon State Police. Confiscated
mail not involving evidence of a crime shall be retained intact pending any
administrative review. If no administrative review is requested, the mail shall
be maintained according to archive standards.
(B) Inmate Sender: If the mail is
confiscated, no notice shall be given to the sender or the intended inmate
recipient. Mail that includes plans for a discussion or commission of a crime
or evidence of a crime shall be turned over to the Special Investigations Unit
of the department or the Oregon State Police. Confiscated mail that poses a
threat or detriment to the security, good order, or discipline of the facility,
or would encourage or instruct in criminal activity shall be retained intact
pending an investigation. The inmate may be issued a misconduct report in
accordance with the rules on Prohibited Inmate Conduct and Processing
Disciplinary Actions (OAR 291-105). Otherwise, after the investigation is
completed, the inmate will be notified of the confiscation. If no
administrative review is requested, the mail shall be maintained according to
archive standards.
(7) Packages: When a package is rejected, the following procedures shall be followed:
(a)
Packages received without prior authorization of the functional unit manager or
designee, or which have unauthorized attachments affixed to the outside of the
package, shall be refused and returned to the U.S. Postal Service or to the
applicable mail service provider.
(b) Prior authorized packages which after
opening are found to contain contraband that is not illegal (including
unauthorized attachments or enclosures) or evidence of a crime or otherwise to
be in violation of these or other department rules, shall be returned to the
sender with the contents of the package intact, together with a Mail Violation
Notice.
(c) Intended Inmate
Recipient: If a prior authorized package is returned to the sender after
opening, the intended inmate recipient shall be promptly notified in writing of
the rejection, along with the reason for the rejection, on a Mail Violation
Notice. No administrative review shall be available to the intended inmate
recipient.
(d) Sender: The sender
shall be notified in writing of the rejection of any package received in a
Department of Corrections facility and addressed to an inmate, along with the
reason for rejection, on a form label or stamp affixed to the outside of the
package if the package is refused without opening, or if the package is
returned to the sender after opening, on a Mail Violation Notice inserted into
the package. No administrative review shall be available to the sender.
(8) Mail from vendors that repeatedly violate mail rule standards:
(a) Mail violation for vendors will be
tracked in the mailroom database.
(b) Vendors that repeatedly send prohibited
content to inmates after multiple violation notices informing them of mail rule
standards may be restricted.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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