BOP Program Statement 5265.14 § 11

§ 540.19 Legal correspondence.

(a) Staff shall mark each envelope of incoming legal mail (mail from courts or

attorneys) to show the date and time of receipt, the date and time the letter is

delivered to an inmate and opened in the inmate’s presence, and the name of the

staff member who delivered the letter. The inmate may be asked to sign as

receiving the incoming legal mail. This paragraph applies only if the sender has

marked the envelope as specified in § 540.18.

28 CFR § 540.18 refers to Section 10 of this Program Statement.

Staff are expected to develop a master log containing the above information. The inmate may be

requested (but not required) to sign the log, indicating receipt of the legal mail. If the inmate

refuses, staff note this in the log.

(b) The inmate is responsible for advising any attorney that correspondence will

be handled as special mail only if the envelope is marked with the attorney’s

name and an indication that the person is an attorney, and the front of the

envelope is marked “Special Mail — Open only in the presence of the inmate”.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 16

Legal mail shall be opened in accordance with special mail procedures (see §

540.18).

28 CFR § 540.18 refers to Section 10 of this Program Statement.

(c) Grounds for the limitation or denial of an attorney’s correspondence rights or

privileges are stated in part 543, subpart B. If such action is taken, the Warden

shall give written notice to the attorney and the inmate affected.

Part 543, subpart B, refers to the Program Statement Inmate Legal Activities.

Any violation of the attorney/client correspondence privilege is referred to Regional Counsel,

who, in conjunction with the Office of General Counsel, may restrict the inmate or attorney from

further correspondence privileges.

(d) In order to send mail to an attorney’s assistant or to a legal aid student or

assistant, an inmate shall address the mail to the attorney or legal aid supervisor,

or the legal organization or firm, to the attention of the student or assistant.

See the Program Statement Inmate Legal Activities for information concerning Bureau

recognition of an attorney‟s assistant or legal aid student assistant.

(e) Mail to an inmate from an attorney’s assistant or legal aid student or

assistant, in order to be identified and treated by staff as special mail, must be

properly identified on the envelope as required in paragraph (b) of this section,

and must be marked on the front of the envelope as being mail from the attorney

or from the legal aid supervisor.