Section 1400-01-.11 - MAIL AND VISITING(1) Type I, II, III, and IV Facilities shall meet the following requirements unless otherwise specified.(2) Facilities shall maintain a written policy outlining the facility's procedures governing inmate mail. This requirement applies only to Type I Facilities.
(3) Facilities shall develop a written policy governing the censoring of mail. Any regulation for censorship must meet the following criteria:(a) The regulation must further an important and substantial governmental interest unrelated to the suppression of expression (e.g., detecting escape plans which constitute a threat to facility security and/or the well-being of employees and/or inmates); and(b) The limitation must be no greater than is necessary for the protection of the particular governmental interest involved. These requirements apply only to Type I Facilities.
(4) Both incoming and outgoing mail shall be inspected for contraband items prior to delivery, unless received from the courts, attorney of record, or public officials, where the mail shall be opened in the presence of the inmate. This requirement applies only to Type I Facilities.
(5) Outgoing mail shall be collected and incoming mail shall be delivered without unnecessary delay. This requirement applies only to Type I Facilities.
(6) An inmate and his/her correspondent shall be notified if either person's letter is rejected and given a reasonable opportunity to protest the rejection to an impartial official prior to the facility returning the letter to its sender. This requirement applies only to Type I Facilities.
(7) Written policy and procedure shall provide that the facility permits postage for two (2) free personal letters per week for inmates who have less than two dollars ($2.00) in their account. Facilities shall also provide postage for all legal or official mail. This requirement applies only to Type I Facilities.
(8) Facilities shall maintain a written policy to define the facility's visitation policies which shall include, at a minimum:(a) One (1) hour of visitation each week for each inmate;(b) A list of possible visitors;(c) Children shall be allowed to visit their parents;(d) Visitors shall register before admission and may be denied admission for refusal to register, for refusal to consent to search, or for any violation of posted institutional rules; and(e) Probable cause shall be established in order to perform a strip or body cavity search of a visitor. When probable cause exists, the search shall be documented and performed by the proper authority and by authorized personnel. These requirements apply only to Type I Facilities.
Tenn. Comp. R. & Regs. 1400-01-.11
Original rule filed August 9, 1982; effective September 8, 1982. Repeal and new chapter filed June 29, 1984; effective September 11, 1984. Repeal and new rule filed October 29, 2014; effective January 27, 2015. Amendments filed September 1, 2017; effective November 30, 2017. Amendments filed October 24, 2017; effective 1/22/2018.Authority: T.C.A. § 41-4-140.