Mich. Admin. Code R. 791.6603

Current through Vol. 24-19, November 1, 2024

Section R. 791.6603 - Incoming and outgoing mail requirements; inspection; limitations; legal correspondence; notice of rejection; appeals

Rule 603.

(1) A prisoner who is in general population status shall be permitted to send sealed letters to any person or organization, subject to the limitations of this rule. However, all outgoing mail shall contain a return address, including the prisoner's first and last name and identification number and the facility's name and address. Any outgoing mail that does not contain at least the prisoner's name and identification number may be destroyed. Outgoing mail of a prisoner who is in segregation status shall be subject to inspection, except for correspondence to any of the following:

(a) Attorneys.

(b) Courts.

(c) Public officials.

(d) The department's central office staff.

(e) The office of the legislative corrections ombudsman.

(f) Representatives of the news media.

(2) A prisoner determined to be indigent by department policy shall be loaned a reasonable amount of postage each month, not to exceed the equivalent of 10 first-class mail stamps for letters within the United States of 1 ounce or less. Additional postage shall be loaned to prisoners as necessary to post mail to courts, attorneys, and parties to a lawsuit that is required for pending litigation. The department shall provide air, certified, oversize, foreign, and overweight mail service for use at the prisoner's individual expense only, except that the cost of certified mail will be loaned to a prisoner if the department is required to do so by a court order.

(3) Subject to the limitations of this rule, a prisoner may receive printed, typed, or handwritten items that are transmitted through the United States postal service, interdepartmental mail, or a commercial delivery service. Books, magazines, and other publications shall be permitted only if sent directly to the prisoner from internet book vendors authorized by the department or from the publisher, or if ordered by the prisoner through the facility and sent directly to the prisoner from a vendor authorized by the department. Catalogs, except as specifically authorized by department policy, and used publications are prohibited.

(4) All incoming mail shall be opened and inspected for contraband before delivery to the addressee. Contraband is defined as any property that a prisoner is not specifically authorized to possess by department policy. All incoming mail from another prisoner may be read.

(5) A prisoner shall not be allowed to send or receive any item of mail that is or does any of the following:

(a) Contravenes federal or state law.

(b) Violates postal regulations.

(c) Contains a criminal plan or conspiracy.

(d) Is threatening.

(e) Is addressed to any party who expressly objects to receiving mail from a prisoner if the item is sent after the prisoner has been notified of the objection.

(f) Is a threat to the order and security of the facility or the rehabilitation of a prisoner.

(g) Is for the purpose of operating a business enterprise.

(6) A prisoner may send mail to, and receive mail from, another prisoner only as set forth in department policy.

(7) The department may intercept, open, inspect, read, and refuse to transmit mail when there are reasonable grounds to believe the mail is being sent contrary to the provisions of this rule. This subrule shall not apply to clearly identified correspondence to any of the following entities, unless a specific written request is made by the entity:

(a) Courts.

(b) Attorneys.

(c) Public officials.

(d) The office of the legislative corrections ombudsman.

(e) The department's central office staff.

(f) Staff of the institution in which the prisoner is incarcerated.

(8) When the department rejects mail pursuant to this rule, it shall send written notification of the rejection to the sender if the sender's address is included on the mail. The sender may appeal the rejection to the warden.

(9) A prisoner who is not allowed to send or receive an item of mail pursuant to this rule may appeal the determination by filing a grievance.

Mich. Admin. Code R. 791.6603

1979 AC.; 1987 AACS; 1989 AACS; 1993 AACS; 2002 AACS

On November 6, 2001 at 3:55 p.m. EST, the Department of Corrections, pursuant to MCL 24.248, filed with the Secretary of State an emergency rule that, in part, amended R 791.6603 by deleting subsection 4 and re-numbered the subsections that follow. The emergency rule appears in Michigan Register 2001 MR 20