BOP Program Statement 5265.14 § 6

§ 540.14 General correspondence.

(a) Institution staff shall open and inspect all incoming general correspondence.

Incoming general correspondence may be read as frequently as deemed

necessary to maintain security or monitor a particular problem confronting an

inmate.

(b) Except for “special mail,” outgoing mail from a pretrial inmate may not be

sealed by the inmate and may be read and inspected by staff.

(c) (1) Outgoing mail from a sentenced inmate in a minimum or low security level

institution may be sealed by the inmate and, except as provided for in paragraphs

(c)(1)(i) through (iv) of this section, is sent out unopened and uninspected. Staff

may open a sentenced inmate’s outgoing general correspondence:

(i) If there is reason to believe it would interfere with the orderly running of the

institution, that it would be threatening to the recipient, or that it would facilitate

criminal activity;

(ii) If the inmate is on a restricted correspondence list;

(iii) If the correspondence is between inmates (see § 540.17); or

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

(iv) If the envelope has an incomplete return address.

(2) Except for “special mail,” outgoing mail from a sentenced inmate in a medium

or high security level institution, or an administrative institution may not be

sealed by the inmate and may be read and inspected by staff.

See the Program Statement Inmate Security Designation and Custody Classification for

identification of security levels.

(3) Mail Monitoring. Each institution establishes procedures for monitoring incoming and

outgoing mail. Institutions may wish to give closer scrutiny to incoming and outgoing mail of

inmates, for example, who:

■ Participated in criminal activity of a sophisticated nature.

■ Committed crimes that involved mail or fraudulent schemes.

■ Are considered escape risks.

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■ Present management problems (i.e., interference /disruption of the orderly running of the

institution).

The staff member designated to supervise correspondence may keep a list of such inmates.

Monitoring procedures may not interfere with mail handling.

(4) Reading and Inspection. As stated in this section, all incoming general correspondence and

outgoing mail in medium, high, and administrative institutions (except “special mail”) is subject

to random reading by correctional staff. The objectives of reading mail differ from the

objectives of inspection. For inspection (to which all incoming general correspondence is

subjected), the objective is primarily to detect contraband. The random reading of mail is

intended to reveal, for example, escape plots, plans to commit illegal acts, plans to violate

institution rules, or other security concerns.

(5) Disclosure. When reading correspondence, a staff member may incidentally learn

information about the private lives of inmates or their correspondents. Bureau staff must be

sensitive to the fact that most information in correspondence is private, and must be handled

discreetly. Unless there is a legitimate correctional concern relating to security, safety, orderly

running of the institution, criminal activity, or inmate rehabilitation, the contents of reviewed

correspondence should not be revealed to any other person.

(d) The Warden may reject correspondence sent by or to an inmate if it is

determined detrimental to the security, good order, or discipline of the institution,

to the protection of the public, or if it might facilitate criminal activity.

Correspondence which may be rejected by a Warden includes, but is not limited

to, correspondence which contains any of the following:

(1) Matter which is nonmailable under law or postal regulations;

(2) Matter which depicts, describes, or encourages activities which may lead to

the use of physical violence or group disruption;

This includes any printed material individually identified as placing that inmate, another inmate,

or staff at risk of assault or other safety concerns.

(3) Information of escape plots, of plans to commit illegal activities, or to violate

Bureau rules or institution guidelines;

(4) Direction of an inmate’s business (See § 541.13, Prohibited Act No. 408). An

inmate, unless a pre-trial detainee, may not direct a business while confined.

This does not, however, prohibit correspondence necessary to enable an inmate

to protect property and funds that were legitimately the inmate’s at the time of

commitment. Thus, for example, an inmate may correspond about refinancing an

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existing mortgage or sign insurance papers, but may not operate a mortgage or

insurance business while in the institution.

§ 541.13, Prohibited Act No. 408, refers to Chapter 4 of the Program Statement Inmate

Discipline and Special Housing Units.

(5) Threats, extortion, obscenity, or gratuitous profanity;

(6) A code;

(7) Sexually explicit material (for example, personal photographs) which by its

nature or content poses a threat to an individual’s personal safety or security, or

to institution good order; or

Nude or sexually suggestive photos (individual prints or copies as opposed to those from

publications) present a special concern for personal safety, security, and good order. This is

particularly true when the subject is an inmate‟s relative, friend, or acquaintance. For these

reasons, ordinarily an inmate is not permitted to receive through the mail a personal photograph

in which the subject is nude, displays genitalia or female breasts, or when the photo depicts

sexual suggestive acts such as intercourse, fellatio, or sodomy.

The exclusion of this or similar materials is determined by whether it would be detrimental to an

individual‟s safety or security, or to institution good order, if it were in the inmate‟s possession.

For purposes of this section, clippings from publications are considered correspondence. For the

rule on publications, see the Program Statement Incoming Publications.

(8) Contraband. (See § 500.1 of this chapter. A package received without prior

authorization by the Warden is considered to be contraband.)

28 CFR 500.1 is contained in Section 2.d. of this Program Statement.

Multiple copies of printed materials intended for inmate distribution and third-party mailing are

also considered contraband.