BOP Program Statement 5265.14 § 13

§ 540.21 Payment of postage.

(a) Except as provided in paragraphs (d), (e), (f), and (i) of this section, postage

charges are the responsibility of the inmate. The Warden shall ensure that the

inmate commissary has postage stamps available for purchase by inmates.

Mail room staff should obtain postage rate charts from the local servicing post office and place

them where inmates ordinarily have access — the mail room or housing units.

(1) Postage Sold by Commissary. The inmate commissary must have available sufficient

stamp denominations to allow mailing letters in excess of 1 ounce, but not requiring an

additional first-class stamp.

(2) Purchase Limitation. The Warden issues local guidelines, which ordinarily limit an

inmate‟s commissary purchase per visit to 20 postage stamps (denomination for first-class,

domestic, 1-ounce mailing), or the equivalent; if such visits are limited to once per week or less,

the Warden may authorize an additional purchase of stamps.

(3) Inmate Possession of Postage Stamps. The Warden issues local guidelines, limiting an

inmate‟s possession of stamps at one time to no more than 60 (denomination for first-class,

domestic, 1-ounce mailing), or the equivalent. The Warden may authorize possession of stamps

to a specified amount in excess of this limit. The stamps are to be maintained by the inmate in

the same manner the stamps are sold or in the manner provided by the unit manager.

(4) Approval for Additional Purchases. An inmate may be authorized to purchase (per

commissary visit) more than 20 postage stamps (denomination for first-class, domestic, 1-ounce

mailing), or the equivalent, only upon approval of the associate warden. This authority may not

be delegated below unit manager.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 18

(b) Writing paper and envelopes are provided at no cost to the inmate. Inmates

who use their own envelopes must place a return address on the envelope (see §

540.12(d)).

28 CFR § 540.12(d) refers to Section 4(d) of this Program Statement.

(c) Inmate organizations will purchase their own postage.

(d) An inmate who has neither funds nor sufficient postage and who wishes to

mail legal mail (includes courts and attorneys) or Administrative Remedy forms

will be provided the postage stamps for such mailing. To prevent abuses of this

provision, the Warden may impose restrictions on the free legal and

administrative remedy mailings.

(1) To prevent abuses of Bureau directives regarding purchase of postage, Wardens will:

■ Provide an inmate who has neither funds nor postage up to five postage stamps

(denomination for first-class, domestic, 1-ounce mailing) or the equivalent each week, for

legal mail or Administrative Remedy filing

■ Require an inmate who has, for at least two separate months, depleted his/her commissary

account, obtained Government-paid postage stamps, and then restored money to the account

to complete the form for reimbursement Request for Withdrawal of Inmate‟s Personal Funds

(BP-199) for the amount of postage given for legal mail or Administrative Remedy filings.

Commissary staff hold the BP-199 and charge it against the inmate‟s account as soon as

he/she has funds (see the Program Statement Trust Fund Management Manual).

■ Allow an inmate to purchase sufficient postage for legal mail or Administrative Remedy

mailings. The amount may not exceed the limit for postage purchases.

(2) The associate warden makes a final determination whether the inmate is to receive postage

under the conditions of this subsection. An “inmate without funds” means an inmate without

sufficient commissary balance to purchase a postage stamp sufficient for first-class, 1-ounce

domestic mailing. This authority may not be delegated below unit manager.

(e) When requested by an inmate who has neither funds nor sufficient postage,

and upon verification of this status by staff, the Warden shall provide the postage

stamps for mailing a reasonable number of letters at government expense to

enable the inmate to maintain community ties. To prevent abuses of this

provision, the Warden may impose restrictions on the free mailings.

Five letters per month are suggested as reasonable in most circumstances. To prevent abuses, the

Warden may require reimbursement as provided in Section 13(d)(1). The associate warden (not

to be delegated below unit manager) makes a final determination on whether the inmate is to

receive postage under this subsection.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 19

In making this determination, an “inmate without funds” means an inmate without sufficient

commissary balance to purchase a postage stamp sufficient for first-class, 1-ounce domestic

mailing, or postage for half-ounce international air mail for an inmate whose community ties

require foreign correspondence.

(f) Mailing at government expense is also allowed for necessary correspondence

in verified emergency situations for inmates with neither funds nor sufficient

postage.

The associate warden makes a final determination whether the inmate is to receive postage

stamps under this subsection. This authority may not be delegated below unit manager.

(g) Inmates must sign for all stamps issued to them by institution staff.

A separate log is kept for this purpose.

(h) Mail received with postage due is not ordinarily accepted by the Bureau of

Prisons.

The mail room staff refuses postage-due mail. However, if such mail is tendered to mail room

staff without collection of postage due, it is processed without further collection action (see the

Mail Management Manual).

(i) Holdovers and pre-trial commitments will be provided a reasonable number of

stamps for the mailing of letters at government expense.

Three letters per week is suggested as reasonable in most circumstances. Commissary purchase

of postage is also available to pretrial inmates. For holdovers, additional Government-furnished

postage stamps may be allowed for special needs demonstrated by the inmate.

(j) Inmates may not be permitted to receive stamps or stamped items (e.g.,

envelopes embossed with stamps, postal cards with postage affixed) other than

by issuance from the institution or by purchase from commissary.

Stamps and stamped items sent into the institution are returned to the sender. Indicate the reason

for return on Form BP-A0328, Stamps, Negotiable Instrument & Other Returned to Sender. A

copy of the form is placed with the correspondence for delivery to the inmate. See the Mail

Management Manual for further information.

k. The institution‟s business manager is responsible for the purchase and security of stamps

purchased by the Bureau for issue to inmates per Section 13.d. The business manager also

conducts quarterly audits.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 20