Current through Register 1527, August 2, 2024
Section 948.09 - Disapproval of Non-privileged CorrespondenceWritten policy and procedure shall govern the disapproval of inmate correspondence and contain, at a minimum, the following:
(1) Non-privileged correspondence shall be disapproved only to prevent interference with facility goals of security, safety, order or rehabilitation. Disapproval shall not be based upon an employee's personal views of the merit of such correspondence.(2) The Sheriff/facility administrator, or designee, may disapprove for mailing or receipt by an inmate non-privileged correspondence, the contents of which fall as a whole or in significant part, into any of the following categories:(a) information or materials which could clearly and reasonably be expected to encourage the use of physical violence or group disruption of facility operations;(b) threats of blackmail or extortion;(c) plans for sending contraband in or out of the facility;(e) plans for activities in violations of Sheriff's Office or facility regulations, orders, or policies;(f) criminal activity or plans for criminal activity;(g) coded messages which are not reasonably decipherable by the reader;(h) descriptions of the making of any weapon, explosive, poison, or destructive device; and(i) sexually explicit 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(j) any publications that may interfere with the treatment and rehabilitation process at that institution.(3) If any non-privileged correspondence is disapproved for mailing or receipt, a written notice stating one or more of the reasons set forth in 103 CMR 948.09(2)(a) through (j) shall be sent to the inmate (outgoing mail) or to the originator and the inmate (incoming mail). The notice shall inform the inmate or the originator of the right to appeal the decision in writing to the Sheriff/facility administrator.