§ 802. Correspondence of inmates
(a) Any authorized employee of any correctional facility shall have the right to inspect
all correspondence by or to inmates of the facility. The employee shall have the right
to withhold and prevent the transmission of material intended to be sent through the
mails by or to an inmate if the material is contraband as defined by the rules of
the facility or constitutes a clear and present danger to the security of the facility.
(b) Notwithstanding the provisions of subsection (a) of this section, any correspondence
from an inmate to any public official of the State or of the United States shall not
be impeded in its transmission, nor shall it be inspected, opened, copied, duplicated,
photographed, or examined in any way.
(c) An inmate shall not correspond through the mail with another inmate committed to the
custody and supervision of the Department of Corrections, whether in the same facility
or in a different facility, except as follows:
(1) To communicate with immediate family members who are inmates also in the custody and
supervision of the Department of Corrections, subject to the prior approval of the
superintendent or the superintendent’s designee.
(2) To communicate with other inmates where the inmate’s classification or treatment team
deems the correspondence in the best interests of both parties.
(3) To communicate with another inmate regarding legal matters, so long as the superintendent
or his or her designee knows the second inmate customarily offers legal advice to
other inmates.
(4) To correspond with other inmates, so long as the correspondence has been approved
by the superintendent or the superintendent’s designee at his or her sole discretion.
(d) Negative contact list.
(1) Except as provided in subsection (b) of this section, an inmate incarcerated at a
Department of Corrections facility shall not correspond through the mail with any
individual on the Department of Corrections’ negative contact list.
(2) An individual may be added to the negative contact list by notifying the Department
of Corrections in writing that he or she does not wish to receive any correspondence
through the mail from a particular inmate.
(3) A parent or authorized legal guardian of a minor may add the minor child to the negative
contact list of any inmate who is not the parent of the child by notifying the Department
of Corrections in writing that he or she does not wish the minor child to receive
any correspondence through the mail from a particular inmate. If the inmate is a parent
of the minor, the inmate shall have the right to have contact with the minor, unless
the inmate is prohibited by court order from contacting the child. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2007, No. 64, § 3.)