BOP Program Statement 5265.14 § 2

§ 540.2 Definitions.

(a) General correspondence means incoming or outgoing correspondence

other than special mail. General correspondence includes packages sent

through the mail.

General correspondence refers to traditional mail sent or received via the U.S. Postal

Service. For the purpose of this policy, general correspondence refers to inmate mail

only.

The Warden or designee must give prior approval for an inmate to receive or send a

package (see the Program Statement Mail Management Manual). Procedures for

incoming publications are discussed in the Program Statement Incoming Publications.

Procedures for inmate electronic messaging are addressed in the Program Statement

Trust Fund Limited Inmate Computer System (TRULINCS) — Electronic

Messaging.

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(1) Open general correspondence means general correspondence which is

not limited to a list of authorized correspondents, except as provided in §

540.17.

28 CFR § 540.17 refers to Section 9 of this Program Statement.

(2) Restricted general correspondence means general correspondence which is

limited to a list of authorized correspondents.

(b) Representatives of the news media means persons whose principal

employment is to gather or report news for:

(1) A newspaper which qualifies as a general circulation newspaper in the

community in which it is published. A newspaper is one of “general circulation”

if it circulates among the general public and if it publishes news of a general

character of general interest to the public such as news of political, religious,

commercial, or social affairs. A key test to determine whether a newspaper

qualifies as a “general circulation” newspaper is to determine whether the paper

qualifies for the purpose of publishing legal notices in the community in which it

is located or the area to which it distributes;

(2) A news magazine which has a national circulation and is sold by newsstands

and by mail subscription to the general public;

(3) A national or international news service; or

(4) A radio or television news program, whose primary purpose is to report the

news, of a station holding a Federal Communications Commission license.

(c) Special mail means correspondence sent to the following: President and Vice

President of the United States, the U.S. Department of Justice (including the

Bureau of Prisons), U.S. Attorneys Offices, Surgeon General, U.S. Public Health

Service, Secretary of the Army, Navy, or Air Force, U.S. Courts (including U.S.

Probation Officers), Members of the U.S. Congress, Embassies and Consulates,

Governors, State Attorneys General, Prosecuting Attorneys, Directors of State

Departments of Corrections, State Parole Commissioners, State Legislators, State

Courts, State Probation Officers, other Federal and State law enforcement offices,

attorneys, and representatives of the news media.

The Centers for Disease Control (CDC) is part of the U.S. Public Health Service; correspondence

sent to the CDC is considered special mail.

An inmate is expected to use the special mail privilege responsibly. Refer questions concerning

alleged abuses to the Office of General Counsel.

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Special mail also includes correspondence received from the following:

President and Vice President of the United States, attorneys, Members of the U.S.

Congress, Embassies and Consulates, the U.S. Department of Justice (excluding

the Bureau of Prisons but including U.S. Attorneys), other Federal law

enforcement officers, State Attorneys General, Prosecuting Attorneys,

Governors, U.S. Courts (including U.S. Probation Officers), and State Courts. For

incoming correspondence to be processed under the special mail procedures

(see §§ 540.18--540.19), the sender must be adequately identified on the envelope,

and the front of the envelope must be marked “Special Mail — Open only in the

presence of the inmate”.

28 CFR §§ 540.18-19 refers to Sections 10 and 11, respectively, of this Program Statement.

d. Warden is defined in 28 CFR 500.1, separately published, as “... the chief executive officer of

a U.S. Penitentiary, Federal Correctional Institution, Medical Center for Federal Prisoners,

Federal Prison Camp, Federal Detention Center, Metropolitan Correctional Center, or any federal

penal or correctional institution or facility. „Warden‟ also includes any staff member with

authority explicitly delegated by any chief executive officer.”