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OPS |
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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER:
914 |
SUPERSEDES: See Attachment A |
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| EFFECTIVE DATE: May 1, 2008 |
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TABLE OF CONTENTS
| PURPOSE | |
| PROCEDURES | |
| 914.01 | MAIL GENERAL |
| 914.02 | INCOMING MAIL |
| 914.03 | AUTHORIZATION OF COMPACT DISCS AND/OR CASSETTE TAPES |
| 914.04 | INTER-RELATIONS MAIL |
| 914.05 | OUTGOING MAIL |
| 914.06 | PUBLICATIONS |
| 914.07 | OBSCENE MATERIAL |
| 914.08 | UNAUTHORIZED MATERIAL |
| 914.09 | PUBLICATION REVIEW PROCESS |
| 914.10 | PUBLICATIONS REVIEW OFFICE |
| IMPLEMENTATION | |
| DEFINITIONS | |
| AUTHORITY | |
| ATTACHMENT |
This Department Order establishes the authorization and encouragement for inmates to utilize mail as a mechanism to maintain family and community ties, and establishes the authorization for inmates to subscribe to a publication or to receive individual publications. All mail is processed consistent with postal regulations and the security requirements of correctional facilities. Each publication is individually reviewed consistent with the Department’s legitimate penological interest in maintaining the safety, security and orderly operations of the institutions.
MAIL GENERAL
1.1 When an inmate bears the cost, there is no limit on the volume of letters the inmate may send or receive or on the length, language, content or source of mail or publications except when there is reasonable belief that limitation is necessary to protect public safety or institutional order and security.
1.2 Inmates may send or receive an unlimited number of letters to and from individuals of their choice. Inmate shall not mail to or receive mail from:
1.2.1 Released offenders currently under community supervision by the ADC (excluding members of the inmate's immediate family as defined in this order).
1.2.2 An inmate confined in any local, state or federal correctional institution, including county jails, detention centers, half-way houses, privately operated correctional facilities, and juvenile facilities, excluding an inmate’s immediate family as defined in this Department Order.
1.2.3 A current or former Department or Contract Beds employee, or current or former volunteer without the prior written approval of the Complex Warden.
1.2.4 A minor, without the consent of the minor's parents or guardian, unless the minor is married to the inmate, or is the inmate's natural or adopted child.
1.2.5 Anyone who advises the Warden or Deputy Warden in writing that they do not wish to receive mail from a particular inmate.
1.2.6 Victims of the crime for which the inmate was convicted, or their families, unless approved in writing by the Warden or Deputy Warden. Victims may request not to receive inmate mail.
1.2.6.1 Victims shall indicate their request on a Post-Conviction Notification Request in accordance with Department Order #1001, Inmate Release System.
1.2.6.2 The completed form shall be submitted to the Victim Services Unit who shall acknowledge, in writing, receipt of the request and notify the Warden of the victim's request. The Victim Services Unit shall ensure that the request is entered in the Adult Information Management System (AIMS).
1.2.6.3 Unit/complex staff shall advise the inmate that the request has been made and inform the inmate that sending mail to the victim, or victim’s family members identified by the victim shall result in disciplinary action.
1.3 Inmates in detention status shall be permitted to send and receive letters on the same basis as inmates in the general population, regardless of custody level. Authorized mail order purchases for inmate in disciplinary detention may be held until the inmate is released from detention.
1.4 Postage stamps are sold in inmate stores only.
1.4.1 Indigent inmates shall be provided with the minimum required postage, including postage rates for Mexico or Canada, for five one-ounce pieces of first class mail per month. Inmates may receive additional credit for postage for Legal Mail as outlined Department Order #902, Inmate Legal Access to Courts.
1.4.2 All postage required beyond the limits cited in this Department Order and all postage for inmate groups and organizations shall be at the expense of the inmate, group or organization.
1.4.3 Postage stamps shall not be used as negotiable instruments or legal tender as payment for materials ordered from private vendors.
1.4.4 Inmates shall not barter, trade, sell, or exchange postage stamps for any goods or services.
1.4.5 Inmates are subject to the limits for possession of postage stamps as outlined in Attachment A of Department Order #909, Inmate Property.
1.5 Mail room staff shall maintain:
1.5.1 An itemized list of all incoming and outgoing registered, insured and certified mail.
1.5.2 Permanent logs that will be subject to periodic inspections shall consist of:
1.5.2.1 An itemized list of all incoming and outgoing packages, including the name and ADC number of each inmate who sends or receives a package.
1.5.2.2 The name and address of each sender and addressee for each package.
1.5.2.3 A description of the contents of each package.
1.5.2.4 The amount of postage or the amount paid to the contract carrier for each outgoing package.
1.5.2.5 The date of the mailing or receipt of each package, expenses incurred in processing the mail, and the name of the staff member who recorded the information.
1.5.3 An electronic log of all incoming and outgoing legal mail to include the date received, inmate name and number, sender, and the date received by the inmate. All Incoming and Outgoing Legal Mail shall be processed as outlined in Department Order #902, Inmate Legal Access to Courts.
914.02 INCOMING MAIL
1.1 Upon arrival at a new Department or Contract Beds facility, who shall provide each inmate with the correct mailing address for his/her housing unit. Mailing addresses shall be posted throughout the housing unit. It shall be the responsibility of the inmate to notify correspondents of the correct mailing address.
1.2 Incoming Mail addressed to inmates shall have the inmate’s complete first and last name, the inmate’s name under which he/she is incarcerated unless legally changed), the inmate’s correct ADC number, as well as the inmate's unit name and the appropriate PO Box.
1.3 Incoming Mail shall have a complete return address including the sender's name and the complete street address or Post Office Box. Mail without a complete return address shall be opened and read to inspect the contents to make a reasonable attempt to ascertain the identity of the sender. If the sender can be identified and the mail does not present any security concerns the mail may be delivered to the inmate. If the sender cannot be verified, the inmate shall receive a notice and the mail held for 90 days before it is destroyed.
1.4 Inmates shall inform their correspondents of any change of address. Where local US Postmaster practice permits, a US Postal Service (USPS) change of address form shall be completed by the inmate and sent to the USPS. All Department and Contract Beds facilities shall make these forms available. Incoming Mail shall be forwarded as follows:
where the sender can call to obtain the inmate's ADC number.1.4.1 Mail that arrives without an inmate ADC number shall be stamped "Return to Sender." Each institution shall have a "Return to Sender" stamp that provides a telephone number at the unit or complex
1.4.2 Mail that arrives for an inmate at an institution where the inmate is no longer housed shall forward the mail to the inmate's current institution.
1.4.3 Whenever possible, First Class mail shall be temporarily forwarded to an inmate who is temporarily confined at a hospital or local county jail and is expected to return to the unit/complex from which they departed.
. Where no forwarding address is available, the mail shall be stamped "inmate is no longer in custody" and returned to the sender.1.4.4 Mail that arrives at an institution for an inmate who is no longer in physical custody of the Department shall be forwarded for a period not to exceed 30 days provided a forwarding address is available
1.4.5 All mail received for inmates on escape status shall be forwarded to the Criminal Investigation Unit (CIU) for evaluation and processing.
1.5 Designated staff at each unit/complex is authorized to open, inspect and read incoming mail to prevent criminal activity and prevent inmates from receiving contraband or any other material that may be detrimental to the safe and orderly operation of the institution.
1.5.1 Upon inspection, incoming mail shall be withheld from an inmate if it meets one or more of the following criteria:
1.5.1.1 Poses a direct and immediate threat to the security, safety or order of the institution.
1.5.1.2 Substantially hinders efforts to treat or rehabilitate the inmate.
1.5.1.3 Threatens the intended recipient.
1.5.1.4 Promotes, aids or abets criminal activity or violation of Department rules, including but not limited to rioting, extortion, escape, illegal drug use, conveyance of contraband, solicitation of funds, violence towards others, and promotes or encourages security threat groups.
1.5.1.5 Has content written in code or that contains hidden messages.
1.5.2 Mail meeting one or more of the criteria in section 1.5.1 through 1.5.1.5 shall be forwarded to CIU for review. CIU shall return the mail for delivery within 72 hours unless it is determined that an investigation is required, in which case the mail shall be held. If it is determined that the mail is not to be delivered, the inmate shall be notified unless notification would interfere with the investigation.
1.5.3 When a letter is stamped "Return to Sender" staff shall open, read and inspect it for contraband before returning it to the inmate.
1.5.4 Incoming legislative correspondence shall be opened and inspected only in the presence of the inmate to whom it is addressed and may be read only to the extent necessary to establish the presence of contraband.
1.6 Inmates may receive money orders, cashier's checks or certified checks payable to "The Arizona Department of Corrections for the account of (inmate's name and ADC number)," as outlined in Department Order #905, Inmate Banking/Money System.
1.6.1 Inmates are not permitted to receive cash, coins or personal checks. These items shall not be deposited into the inmate’s account.
1.6.2 Mail Room staff shall send a receipt to the inmate in the envelope/container from which the monetary instrument was removed and forward all money orders, cashiers checks, cash and personal checks received to the Business Office.
1.6.3 The Business Office/designated staff shall process appropriate monetary instruments to the inmate's account and return, at the inmate’s expense, all cash, coins, and personal checks to the sender.
1.6.4 The Business Office shall notify CIU of any Internal Revenue Service (IRS) checks received by an inmate for deposit on his/her account. CIU shall notify the IRS if determined appropriate.
1.6.5 Outgoing inmate correspondence to the IRS shall include a notation by staff on the envelope directing the correspondence to the Criminal Investigations Branch at the Service Center to which the correspondence is addressed.1.7 Unauthorized property or material discovered in incoming mail shall be removed from incoming letters and held as contraband. An inmate Property/Contraband/Disposition, Form 909-6, and Notice to Sender of Rejection of Incoming Mail, Form 909- 3, shall be completed and sent to the inmate. The inmate may elect to have the item(s) destroyed or may notify the sender at his/her expense to make arrangements for return of the items to the sender at the sender’s expense.
1.7.1 The Department shall not pay for the cost of returning unauthorized property or material that includes, but is not limited to:
1.7.1.1 Unused postage stamps.
1.7.1.2 Stickers, labels, address labels or decorative stamps.
1.7.1.3 Photos where the non-photo side can be separated (polaroids).
1.7.1.4 Photos of other inmates.
1.7.1.5 Unknown foreign substances and/or powders.
1.7.1.6 Oils, perfumes or personal property Items.
1.7.1.7 Lottery tickets or games of chance.
1.7.1.8 Tax forms.
1.7.1.9 Battery operated greeting cards, or greeting cards of excessive size (larger than 8 ½" by 11").
1.7.1.10 Unused Greeting cards, stationary, pens/pencils and envelopes.
1.7.1.11 Used postcards.
1.7.1.12 Bookmarks.
1.7.1.13 Inspirational cards or medals.
1.7.1.14 Candy, gum, or any food items.
1.7.1.15 Art, crafts and hobby supplies.
1.7.2 Unauthorized property or materials that are to be returned to the sender shall be held in the complex or unit mail room no longer than 90 days, allowing time for the sender or inmate to arrange the return of the contraband items.1.8 Personal photographs included with incoming mail shall not be sexually explicit.
1.8.1 Inmates are not authorized to receive personal photographs in which a subject is nude, or when the photo depicts sexually suggestive acts including, but not limited to intercourse, fellatio, and sodomy. These photographs shall be removed from the letter and the letter delivered to the inmate, with a notice that the photographs were removed. These photographs may be returned to the sender at the sender's or inmate’s expense or the inmate may elect to have them destroyed.
1.8.2 Inmates are not authorized to receive or have in their possession photographs of current or former employees.1.9 Newspaper clippings, magazine articles, cartoons or copies of material from the Internet may be enclosed within personal mail; however, the content is subject to the Publication Review process. Internet items containing information about staff or other inmates is not authorized. Enclosures may consist of up to 10 individual items that do not exceed double the postage required for one single first class letter. Inmates are not authorized to receive items from the ADCNet.
1.10 Crime scene and/or autopsy photographs that arrive in incoming mail are subject to the following guidelines:
1.10.1 A staff member delivering or otherwise processing mail to an inmate, who discovers crime scene/autopsy photographs upon opening mail, shall not give them to the inmate for his/her possession. The staff member shall issue the inmate a "Seized Property Receipt" and write an Information Report. Crime scene/autopsy photos are not limited to actual photographs and include, but are not limited to, photocopies of photographs, Internet reproductions, and other reproductions of actual photographs.
1.10.2 The seized photographs shall be forwarded the same day of receipt to the appropriate unit Deputy Warden's office. The Deputy Warden shall ensure that the photographs are secured in the designated property room.1.11 Incoming Standard Mail ("Third Class" mail) and presorted/bulk mail shall not be delivered unless this mail is correctly addressed to a specific inmate or inmates with the correct name, ADC number, and housing address. Bulk Standard Mail received in excess of 500 pieces for any single item may be delivered later than 24 hours but no later than 72 hours unless circumstances make delivery impractical.
1.12 Undeliverable Standard Mail shall be returned to the Post Office, if the Post Office will accept it. If the Post Office does not accept the undeliverable mail, it shall be documented in the appropriate log and destroyed/shredded and bagged by staff and placed in a dumpster or other trash container.
1.13 Incoming telegrams or similar urgent mail, including but not limited to, overnight mail shall be delivered within 12 hours unless circumstances make delivery impractical.1.14 Excluding holidays and weekends, incoming mail shall not be held and shall be delivered within 24 hours unless circumstances make delivery impractical.
914.03 AUTHORIZATION OF COMPACT DISCS AND/OR CASSETTE TAPES
1.1 SECTION DELETED1.2 All CDs and/or cassettes received through the mail shall be new, clear, in its original wrapper and packaging, and shall not be in a form that has been re-recorded from an original. Family members or friends are not authorized to send publications directly to inmates. The sender’s address shall be clearly visible on the outside of the package or publication.
1.3 Used cassettes and/or CD’s are not authorized.1.4 Cassette Tapes and/or CD’s commonly referred to as "Books on Tape" are authorized and subject to the same restrictions and review process as outlined in this Section. These tapes and/or CD’s shall be included in the total possession limit amount for cassette tapes/discs outlined in Attachment A of Department Order #909, Inmate Property.
1.5 Inmates may receive correspondence tapes with prior written approval of the unit Deputy Warden. Inmates shall only receive correspondence tapes from an individual on his/her approved visitation list.1.5.1 The requesting individual shall submit a written justification to the unit Deputy Warden requesting approval for correspondence tapes indicating that the inmate or visitor has a disability or literacy concern that prevents written correspondence.
1.5.2 The inmate shall show in advance that he/she is in possession of an operational and authorized appliance with a cassette player.
1.5.3 Correspondence tapes shall not contain sexually explicit language or any other unauthorized content that would be in violation of this Department Order.
1.5.4 Correspondence tapes shall be screened at the Complex/Unit Level only and shall not be forwarded to Central Office Publication Review.1.6 Correctional Education Program Manager/Supervisor shall:
1.6.1 Pre-approve educational cassettes or CD’s.
1.6.2 Verify that the inmate is approved to participate in an educational correspondence program, and that the course requested is within the allowable educational parameters.
914.04 INTER-RELATIONS MAIL
1.1 Two incarcerated inmates, who can be verified as the natural or legally adopted parents of a child, may be authorized to have inter-relation mail privileges. Approval is subject to the following conditions.
1.1.1 The inmate wishing to correspond can provide legal documentation of the relationship, i.e., the child's official birth certificate, and,
1.1.2 The relationship can be readily verified by staff, i.e., it is clear in the pre-sentence report or the file.1.2 An inmate shall only send inter-relations mail to an incarcerated immediate family member. Letters shall not contain communications with or for any inmate other than those approved for inter-relations mail.
1.3 Mail to incarcerated family members shall be restricted to letters only, and may include a homemade greeting card or greeting cards purchased through the inmate store. The transfer of funds and/or any other item is prohibited.
1.4 All inter-relations mail shall be clearly marked with the names and inmate ADC numbers of the sending and receiving incarcerated immediate family member.1.5 The sending unit/complex shall verify the inmate's relationship, and shall stamp the outgoing letter as "verified." Letters that have not been verified and approved shall be returned to the inmate sender.
1.6 All inter-relations mail privileges shall be pre-approved by both the requesting and receiving Warden or Deputy Warden. Approvals and denials are at the discretion of the Warden or Deputy Warden, and may be revoked when it is in the best interest of institutional security. The designated CO III who initiated the process shall note approvals and denials on AIMS.1.7 The inmate shall pay postage. Indigent inmates may be provided postage as outlined in 914.01.
1.8 Inmates who wish to send mail to an incarcerated immediate family member shall submit the request to their assigned Correctional Officer III who shall verify the relationship.1.9 The assigned Correctional Officer III or designated staff member at the requesting institution shall:
1.9.1 Complete a Request to Communicate with an Incarcerated Family Member, Form 915-3, as outlined in Department Order #915, Inmate Phone Calls.
1.9.2 Verify that an immediate family relationship exists between the inmates.
1.9.3 Forward the application to the Warden or Deputy Warden for approval/disapproval.
1.9.4 Forward copies of the approved applications to the respective Mail/Property rooms at the requesting and receiving institution.
1.9.5 Advise inmates of disapproved applications.
914.05 OUTGOING MAIL
1.1 All outgoing inmate mail shall include on the envelope the inmate’s complete first and last name (the name under which he is incarcerated), ADC inmate number, and full return address, including the name of the complex, unit and bed location.
1.1.1 Institution mail room staff shall return mail lacking this information to the sending inmate, if known, for a correction.
1.1.2 If the inmate sender is not known, the correspondence shall be opened and read to inspect the contents and to make a reasonable attempt to determine the identity of the inmate sender. If the identity is determined, the letter may be returned to the inmate sender. If the identity cannot be determined, the mail shall be held in a "Dead Letter" repository for 90 days, pending claim. If no claim is made, the mail shall be processed as unclaimed property.
1.1.3 Inmates shall seal outgoing mail and place it in locked mailboxes located throughout the institution or in other areas designated by the Warden or Deputy Warden. Mail shall be collected at approximately the same time each workday, except on weekends and holidays, and shall be delivered to the mail room for processing.
1.1.4 Inmates shall not use the complex or unit address to fraudulently identify themselves as employees, agents, or representatives of the Department, complex, unit, or Contract Beds facility.1.2 Staff who processes outgoing inmate mail may inspect it for contraband, but shall not read or censor mail being sent to:
1.2.1 The inmate's attorney, a judge, or court.
1.2.2 Publisher or editor of a newspaper, news magazine or periodical of general distribution, national or international news service or to the station manager of any radio or television stations.
1.2.3 The Director, Deputy Director or Division Directors of the Department.
1.2.4 Elected or appointed public officials.1.3 Staff shall read 10% or more of outgoing mail. Mail may be returned to the inmate, retained by the institution or deleted from the mailing (the balance of which shall be mailed) when the contents or communications:
1.3.1 Pose a direct and immediate threat to the security, safety or order of the institution.
1.3.2 May substantially hinder efforts to treat or rehabilitate the inmate.1.4 Staff shall not stamp or mark the contents of censored outgoing mail rather, the envelope or box shall be stamped or marked as having been inspected and resealed prior to mailing.
1.4.1 All censored correspondence shall be stamped appropriately on the inside flap of the envelope.
1.4.2 All uncensored correspondence shall be stamped appropriately on the inside flap of the envelope to signify that it has been "Inspected."1.5 Outgoing inmate mail is subject to being opened and read by staff when there is a reasonable belief that the inmate is using the mail to further a crime or circumvent Department regulations or written instructions. Such mail may include, but is not limited to:
1.5.1 Mail with content that describes or encourages activities, which may lead to the use of physical violence.
1.5.2 Mail containing information that involves escape plots, plans to commit illegal activities or to violate Department or Institution regulations or written instructions.
1.5.3 Threatens the intended recipient.
1.5.4 Promotes, aids or abets criminal activity or violation of departmental rules, including but not limited to, rioting, extortion, escape, illegal drug use, conveyance of contraband, solicitation of funds, violence towards others, and promotes or encourages security threat groups.
1.5.5 Mail written in code.1.6 Outgoing mail that is read by staff and is determined to be detrimental to the security or safe operation of the institution or that may impede the protection of the public or facilitate criminal activity shall be referred to the Criminal Investigations Unit for further action.
1.7 The Criminal Investigation Unit shall:
1.7.1 Retain the censored portion of any outgoing mail during any investigation, and then return it to the sender.
1.7.2 Stamp the uncensored portion of any censored mail to indicate that portions of the mail were censored, and mail it to the recipient unless doing so would interfere with an ongoing investigation.
1.7.3 The Department may censor the item or determine not to mail the item.
1.8 Mail outlined in 1.7.2 of this section shall be sent within 72 hours, and unless it is determined that such mail is not to be sent. If the mail is not to be sent, the inmate shall be notified of such within 72 hours, unless doing so interferes with an ongoing investigation.
1.9 Excluding holidays and weekends, outgoing mail shall not be held and shall be delivered to the Post Office within 24 hours unless circumstances make delivery impractical.
914.06 PUBLICATIONS
1.1 All publications are subject to screening and review.
1.2 Incoming publications shall have the inmate’s complete first and last name, the inmate’s name under which he/she is incarcerated unless legally changed, the correct ADC number, institution and unit, and the appropriate PO Box.
1.3 Publications shall come directly from a recognized publisher, distributor, or authorized retailer.1.3.1 Secondary markets such as e-bay and auction sites are not authorized retailers or distributors.
1.3.2 Used books are authorized provided they are shipped directly from a recognized, publisher, distributor or retailer.1.4 All non-English publications are subject to the screening and review process and shall be subject to a reasonable delay in delivery pending translation if determined necessary to complete the review.
1.5 Incoming publications shall be pre-paid. Cash on Delivery (COD) orders and contract purchases such as book clubs are prohibited and shall be rejected and returned to sender. The Department shall not be responsible for the cost of returning any unauthorized material.
1.6 Authorized publication subscriptions shall be forwarded for a 90 day period if the inmate is in custody at a Department or contracted bed facility.1.6.1 The inmate shall be responsible for the change of address notifications.
1.6.2 At the end of the 90 day period, the publications shall no longer be forwarded and shall be destroyed.1.7 Inmates are responsible for staying within publication possession limit requirements as outlined in Attachment A of Department Order #909, Inmate Property, and may be subject to disciplinary action for exceeding publication/property limits. Items over the established limit shall be considered contraband.
1.8 Authorization to withdraw funds from an inmate’s account for the purchase of a publication does not constitute approval to possess the publication and does not guarantee that the item will be approved through the publication review process.
1.9 All editions of a magazine or publication that are part of a title or series shall be reviewed individually and not as a group. Rejection of several issues of any one publication is not sufficient reason to reject a subscription to a publication in its entirety.1.10 Unless there is a legitimate correctional concern relating to security, safety, criminal activity or a threat to the orderly operation of the institution, the contents of incoming publications or publications under review shall not be revealed to any non-Publications Review Staff. Only those staff approved to participate in publication review shall be involved in processing, reading and reviewing publications.
1.11 No publication shall be excluded solely on the basis of its appeal to a particular ethnic, racial or religious group.1.12 Staff shall not remove pages of any publication to make the publication acceptable. Removing pages alters the publication rendering it as contraband. Previously excluded publications that have been re-edited by removing pages or the blocking out of pictures or texts will not be re-reviewed. Staff may remove stapled or perforated items including, but not limited to, free product samples, calendars, advertising or promotional items.
1.13 Previous decisions to exclude publications, regardless of any subsequent revisions in standards or criteria, remain final. Previously excluded Publications shall not be re-submitted for review or appeal under this Department Order.1.14 Publications delivered to an inmate in error at any complex/unit prior to and contrary to a First or Second Review may be considered contraband upon official notice from Publication Review Office that the publication has been excluded. Inmates will be provided the options of sending out the material, placing it in long-term storage, or having it destroyed.
914.07 OBSCENE MATERIAL
1.1 Publications that contain obscene material may be prohibited and includes material that by its nature or content poses a threat or is detrimental to inmate rehabilitation or is detrimental to the security, safety, good order and discipline of the facility.
1.2 Material may be deemed obscene under applicable constitutional standards. A publication is deemed obscene when ALL of the following apply:1.2.1 The average person, applying contemporary state standards, would find that the publication, taken as a whole, appeals to the prurient interest.
1.2.2 The average person, applying contemporary state standards, would find that the publication depicts or describes, in a patently offensive way, sexual activity as defined in this written instruction.
1.2.3 The publication, taken as a whole, lacks serious literary, artistic, political or scientific value.1.3 Prohibited publications include, but are not limited to:
1.3.1 Publications that contain portrayal of actual or simulated acts or threatened acts of force or violence in a sexual context, including, but not limited to forcible intercourse (rape) or acts of sadomasochism emphasizing the infliction of pain.
1.3.2 Publications that contain portrayal of actual or simulated acts or behaviors between a human being and an animal.
1.3.3 Publications that contain portrayal of actual or simulated acts or behaviors in which one of the participants is a minor, or appears to be under the age of 18.
1.3.4 Publications that include cartoons, animations, or other facsimiles of the above listed acts
914.08 UNAUTHORIZED MATERIAL - Prohibited publications include those that by their nature or content threaten or are detrimental to the security, safety and orderly operation, or discipline of the facility, or inmate rehabilitation, or are found to facilitate, encourage, incite, promote or instruct in criminal activity or unauthorized prison activity. Prohibited publications include, but are not limited to:
1.1 Depictions or descriptions that incite, aid, or abet riots, work stoppages, or means of resistance.
1.2 Instructions or plans on the sending or receiving of prison contraband.1.3 Depictions or descriptions of street gangs and/or Security Threat Groups (STG), and related gang/STG paraphernalia, including, but not limited to, codes, signs, symbols, photographs, drawings, training material, and catalogs.
1.4 Pictures, descriptions and instructions regarding the function of locks and/or security devices (e.g. cameras, alarms) or how to bypass or defeat the security functions of these devices.1.5 Depictions, descriptions, instructions on the use of hands, feet
, or head as weapons, fighting weapons and techniques, self-defense and martial arts. 1.6 Depictions or descriptions, or promotion of drug paraphernalia or instructions for the brewing of alcoholic beverages or the manufacture or cultivation of drugs, narcotics or poisons.1.7 Content that is oriented toward and/or promotes racism and/or religious oppression and the superiority of one race/religion/political group over another, and/or the degradation of one race/religion/political group by another.
1.8 Depictions, descriptions or content that instructs on the sale, manufacture, concealment, or construction of ammunition, guns, rifles, bombs, explosives or any other type weaponry; displays, realistic pictures, or cutaway pictures of guns or knives suitable for use in making of reproduction weapons. The mere photograph of a gun or knife in a magazine or publication (e.g. Field and Stream) is not sufficient in and of itself to exclude the publication.1.9 Illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.
1.10 Depictions, descriptions or content that promotes or instructs on identity theft.1.11 Content that depicts, encourages, or describes methods of escape and/or eluding capture, or contains blueprints, drawings, road maps, or descriptions or photos of Department or contract prison facilities.
1.12 Content that contains survival skills that could be used as an aid in eluding capture following an escape.1.13 Gambling strategies and other gambling-related instructional material.
1.14 Pictures, depictions, illustrations, explanations, instructions, and/or patterns for tattoos and/or skin modification equipment which would provide, at minimum, visual aids for inmates wishing to reproduce this type of body ornamentation and/or equipment.1.15 Contents that include cipher or code or instruct on the usage of code.
1.16 Pictures, depictions, illustrations or text that promotes acts of violence, that cause or intends to cause serious criminal injury or harm. These acts include, but are not limited to:1.16.1 Murder, rape, sexual assault, assault, and cruelty to animals.
1.16.2 Graphic violence that includes but is not limited to, acts of violence that include amputation, decapitation, dismemberment, or mutilation maiming or disfigurement.
1.16.3 When viewed in context, the content lacks serious literary, artistic, political or scientific value.1.17 Publications containing pictures, photographs, illustrations, text or other content that may encourage unacceptable sexual or hostile behaviors, or creates a hostile environment for staff and volunteers including, but not limited to sexual representations of inmates, law enforcement, military, professional medical staff, teachers and Clergy.
914.09 PUBLICATION REVIEW PROCESS
1.1 Complex/Stand-Alone Unit Level Publication Review Staff shall screen all incoming publications and shall do one of the following:1.1.1 Deliver those that do not require additional review.
1.1.2 Forward publications to the Publication Review Office that may violate Publication Review Policy.1.2 Process all inmate requests for second level review by the Publications Review Office. To request a Second Review, inmates shall submit an Inmate Letter to the assigned Complex/Stand-Alone Unit Level Publications Review Staff within 15 work days. If the request is within the timeframes, the staff shall notify the Publications Review Office of the request. Staff shall inform the inmate if the request is not within the timeframes, or one has already been requested or completed.
1.2.1 Distribute copies of Notices of Review and Memorandums of Second Reviews to inmates affected by either the decision to exclude a publication.
1.2.2 Respond to Inmate Letters addressing publications review-related questions or concerns.1.3 Complex/Stand-Alone Unit Level Publications Review Staff shall log all screened publications noting the specific publication, inmate information, rating and disposition.
914.10 PUBLICATIONS REVIEW OFFICE
1.1 Wardens/designees shall forward to the Publication Review Office any published items that are potentially obscene or threats to security as defined above.1.2 The Publication Review Office shall review all incoming published items, which are believed to be potentially obscene or threats to security and add to the existing data collection all new material, along with the review-process documentation.
1.3 Following each publication review, the Publication Review Office shall e-mail all Wardens and Mail/Property Rooms to notify them of the decision on each reviewed item, indicating one of the following:1.3.1 The publication shall be allowed.
1.3.2 The publication shall be excluded because it meets the criteria as outlined.
1.3.3 The specific criteria shall be listed on the "Notice or Result- Publication Review" form, detailing the specific reasons as to why the criteria apply to the publication.
1.3.4 Copies of these forms shall be mailed from the Publication Review Office to each Warden/institution Mail Room and/or stand-alone unit Mail Room upon completion of the reviews.1.4 If a publication is:
1.4.1 Allowed, each warden shall order the release of that publication.
1.4.2 Excluded, each warden shall ensure issuance of a hard copy of the "Notice of Result- Publication Review" form to each inmate at that institution who has received or is subscribing to the publication being excluded.
1.4.3 The Publication Review Office shall e-mail all Wardens and institution Mail Rooms to advise of the "Pending Appeal" status of the item in question. The process of reviewing the initial review shall be called the "Appeal."
1.4.4 The Publication Review Office shall prepare an Appeal packet, including the item to be re-reviewed and a copy of the original exclusion paperwork for filing with Division Director for Program Services.
1.4.5 Division Director for Program Services or designee shall conduct all Appeals. In all cases, the individuals conducting the initial review and the appeal shall be located in different offices and report through different chains of command.
1.4.6 Division Director for Program Services or designee shall prepare a written "Appeal Decision" that either affirms or reverses the original decision. This "Decision" shall be signed by the Division Director for Program Services or designee, and distributed to all affected inmates and Wardens through the institution and/or unit Mail Rooms.
1.4.7 The specific criteria used in either reversing or affirming the original review decision shall be included in the written response, noting the applicable legal authorities, and shall state the specific reason(s) for allowing or excluding the publication.1.5 Maintain copies of all Notices of Review for period of three years from the date of exclusion. Excluded publications shall be returned to the complex/unit mailroom within 90 days following the review unless an inmate has requested a Second Review. One copy of an excluded publication will be retained for three years if a Second Review has been completed and the exclusion upheld.
1.6 A copy of each "Notice of Results - Publication Review" form shall be maintained by the Publication Review Office, along with one example of each excluded item. These example items shall be maintained for a minimum of two years from the date of exclusion.
1.7 The Publication Review Office shall, at least monthly, compile a listing of reviewed publications and the decisions regarding those publications. This information shall be distributed to all Wardens and Mail Rooms.
Within 90 days of the effective date of the Department Order:
CENSOR
- To delete, ban, suppress or withhold portions of mail.
CONTRABAND-
Any item not permitted by law, or any item that is expressly prohibited by ADC policy; Items possessed by an inmate which, by their nature, use, or intended use, pose a threat to the security or safety of inmates, staff or public, or disrupt, the orderly operation of the facility; Items possessed by an inmate without permission and (a) the location in which these items are discovered is improper or (b) the quantities in which an allowable item is possessed is prohibited or (c) the manner or method by which the item is obtained was improper or (d) an allowable item is possessed by an inmate in an altered form or condition.
IMMEDIATE FAMILY - A legal spouse, natural or adopted parents, siblings, natural or adopted children, stepchildren, grandparents, or other verified person primarily responsible for the raising of the inmate in the absence of the inmate in the absence of a parent.
INTER-RELATIONS MAIL - Letters deliverable by the United States Postal Service written by an inmate to an incarcerated immediate family member, clearly marked with the name and ADC number of the sending and receiving incarcerated immediate family member.
FIRST CLASS MAIL- A class of mail including letters, postcards, and postal cards, all matter wholly or partially in writing or typewriting; includes but is not limited to anything mailable such as bills, invoices, personal correspondence, and some merchandise.
LEGISLATIVE CORRESPONDENCE - Letters to or from a member of the Arizona State Legislature. Mail that is received in envelopes that are clearly marked as official envelopes used by the Arizona State Legislature is considered incoming legislative correspondence.
PERIODICAL CLASS MAIL
- Mail that consists of magazines, newspapers and other publications.PUBLICATION - A book, booklet, pamphlet, (or similar document), or a single issue of a magazine, catalog, periodical, newsletter, cassette tapes and compact discs (CD'S). The term publication does not include personal letters and personal photographs.
STANDARD MAIL- Advertising mail that includes advertisements, circulars, newsletters, magazines, small parcels and merchandise and weighs less than 16 ounces.
______________________
Dora Schriro
Director
Attachment A - Supersedes
FORMS LIST
909-3, Notice to Sender of Rejection of Incoming Mail
A.R.S. 12-941 et seq, Disposal of Certain Unclaimed Property in Custody of State, City or Town Officers.
A.R.S. 13-2501, Definitions of Contraband.
A.R.S. 13-2505, Promoting Prison Contraband.
A.R.S. 13-3309, Seizure; Exception; Definition.
A.R.S. 13-3501, Obscene Material
A.R.S. 13-3503, Seizure of Obscene Things; Disposition.
A.R.S. 13-4301 et seq, Forfeiture.
A.R.S. 13-4411.01, Notice of Right to Request Not to Receive Inmate Mail.
A.R.S. 13-4429, Return of Victim's Property; Release of Evidence.
A.R.S. 31-231, Unauthorized Communications.
A.R.S 31-235, Prisoner correspondence: definitions
DEPARTMENT ORDER 914
Department Order 914, Inmate Mail, supersedes: