BOP Program Statement 5265.14 § 4

§ 540.12 Controls and procedures.

(a) The Warden shall establish and exercise controls to protect individuals, and

the security, discipline, and good order of the institution. The size, complexity,

and security level of the institution, the degree of sophistication of the inmates

confined, and other variables require flexibility in correspondence procedures.

All Wardens shall establish open general correspondence procedures.

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Open general correspondence privileges may be given to inmates who are able to exercise them

responsibly. Care should be taken during orientation and thereafter to help inmates understand

their responsibility for open correspondence privileges.

(b) Staff shall inform each inmate in writing promptly after arrival at an institution

of that institution’s rules for handling of inmate mail. This notice includes the

following statement:

The staff of each institution of the Bureau of Prisons has the authority to open all

mail addressed to you before it is delivered to you. “Special Mail” (mail from the

President and Vice President of the U.S., 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) may

be opened only in your presence to be checked for contraband. This procedure

occurs only if the sender is adequately identified on the envelope and the front of

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

Other mail may be opened and read by the staff.

If you do not want your general correspondence opened and read, the Bureau will

return it to the Postal Service. This means that you will not receive such mail.

You may choose whether you want your general correspondence delivered to you

subject to the above conditions, or returned to the Postal Service. Whatever your

choice, special mail will be delivered to you, after it is opened in your presence

and checked for contraband. You can make your choice by signing Part I or Part

II.

If the inmate elects not to have his/her general correspondence opened and read or refuses to sign

the notice, a copy of the refusal is forwarded to the mail room (notice follows this section).

Part I — General Correspondence to be Returned to the Postal Service

I have read or had read to me the foregoing notice regarding mail. I do not want

my general correspondence opened and read. I REQUEST THAT THE BUREAU

OF PRISONS RETURN MY GENERAL CORRESPONDENCE TO THE POSTAL

SERVICE. I understand that special mail will be delivered to me, after it is opened

in my presence and checked for contraband.

(Name) (Reg. No.) (Date)

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Part II — General Correspondence to be Opened, Read, and Delivered

I have read or had read to me the foregoing notice regarding mail, I WISH TO

RECEIVE MY GENERAL CORRESPONDENCE. I understand that the Bureau of

Prisons may open and read my general correspondence if I choose to receive

same. I also understand that special mail will be delivered to me, after it is

opened in my presence and checked for contraband.

(Name) (Reg. No.) (Date)

_____________________________________________________________________

Inmate, refused to sign this form. He (she) was

(NAME) (REG. NO.)

advised by me that the Bureau of Prisons retains the authority to open and read

all general correspondence. The inmate was also advised that his (her) refusal to

sign this form will be interpreted as an indication that he (she) wishes to receive

general correspondence subject to the conditions in Part II above.

Staff Member’s Signature Date

The above notice is included as part of the Acknowledgment of Inmate (BP-A0407).

(c) Staff shall inform an inmate that letters placed in the U.S. Mail are placed

there at the request of the inmate and the inmate must assume responsibility for

the contents of each letter. Correspondence containing threats, extortion, etc.,

may result in prosecution for violation of federal laws. When such material is

discovered, the inmate may be subject to disciplinary action, the written material

may be copied, and all material may be referred to the appropriate law

enforcement agency for prosecution.

(d) The inmate is responsible for filling out the return address completely on

envelopes provided for the inmate’s use by the institution. If the inmate uses an

envelope not provided by the institution, the inmate is responsible for ensuring

that the envelope used contains all return address information listed on the

envelope provided by the institution.

All envelopes, whether preprinted envelopes ordered through UNICOR or written by the inmate,

must have a return address with the:

■ Inmate‟s name.

■ Register number.

■ Name of the institution.

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■ P.O. Box (or street address if there is no P.O. Box).

■ City, state, and ZIP code.

In addition, all outgoing mail, for institutions with a TRULINCS-generated mailing label system,

must utilize these mailing labels on all outgoing correspondence, in accordance with the Program

Statement Trust Fund Limited Inmate Computer System (TRULINCS) — Electronic

Messaging. Consistent with this TRULINCS Program Statement, if an inmate fails to place the

TRULINCS-generated label on outgoing postal mail, the mail is returned to the inmate for

proper preparation.