State Prison Policy For Inmate Mail
State Prison Policy For Inmate Mail
State Prison Policy For Inmate Mail
Policy Subject:
Policy Number:
Authority:
Signature on File
DC-ADM 803
Effective Date:
October 29, 2015
John E. Wetzel
I.
AUTHORITY
The Authority of the Secretary of Corrections to direct the operation of the Department of
Corrections is established by Sections 201, 206, 506, and 901-B of the Administrative
Code of 1929, 71 P.S. 61, 66, 186, and 310-1, Act of April 9, 1929, P.L. 177, No. 175, as
amended.
II.
APPLICABILITY
This policy is applicable to all facilities operated under the jurisdiction of, or conducting
business with the Department of Corrections.
III.
POLICY
It is the policy of the Department to allow an inmate access to communication with
members of society through the established public mail system1, to inspect mail, determine
the types of publications allowed, and to review publications intended for inmates.
Restrictions shall be related directly to facility order and security, public safety, and
obscenity laws and statutes.2
IV.
PROCEDURES
All applicable procedures are contained in the procedures manual that accompanies this
policy document.
1
2
4-4492
4-4487, 4-4488, 4-4490
V.
Page 2
VI.
Page 3
PROCEDURES MANUAL
Commonwealth of Pennsylvania Department of Corrections
Policy Subject:
Policy Number:
Authority:
Signature on File
DC-ADM 803
Effective Date:
October 29, 2015
John E. Wetzel
Release of Information:
Policy Document: This policy document is public information and may be released upon request.
Procedures Manual: The procedures manual for this policy may be released in its entirety or in part,
with the prior approval of the Secretary/designee. Unless prior approval of the Secretary/designee
has been obtained, this manual or parts thereof may be released to any Department employee on an
as needed basis only.
1
2
1-1
Issued: 9/16/2015
Effective: 10/29/2015
j.
m. receive personal checks, cash, or money orders sent through the mail. A
personal check, cash, or money order discovered during an inspection shall be
treated as contraband and held pending any grievance or appeal concerning it.
The permitted contents of the mail shall be delivered to the inmate. Money
orders will only be accepted through the third-party vendor contracted by the
Department. This service allows funds to be posted to inmate accounts
electronically and results in quicker access to the funds. The sender must
follow the vendors procedures to use the service. Additional information
concerning the vendor is available through the Departments website,
www.cor.pa.gov. If a family member or friend sends, or has any business,
financial entity, or other entity send a financial instrument in an attempt to
circumvent the requirement to use the contracted third-party vendor, the
financial instrument shall be deemed contraband;
1-2
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4-4494,
4-4496, 4-ACRS-6A-09
1-3
Issued: 9/16/2015
Effective: 10/29/2015
Correspondence Form shall be sent to the Security Office at the facility and to
the sender of the correspondence, if identifiable.
b. The inmate may file a grievance from the Notice of Unacceptable
Correspondence within 15 working days of the date the Notice is sent. The
inmate shall use the DC-804 Part 1, Official Inmate Grievance Form; the sender
shall appeal by writing a letter addressed to the Facility Manager, containing a
copy of the Notice of Unacceptable Correspondence and clearly stating the
reason the sender believes the correspondence should have been accepted.
c. The grievance shall be assigned for processing pursuant to the procedures in
Department policy DC-ADM 804, Inmate Grievance System which are
available online at the Departments official website www.cor.pa.gov and the
appeal process set forth therein shall govern all subsequent levels of challenge.
d. The mailroom or security office shall hold the prohibited items for at least 30
working days after notification is sent to permit reasonable opportunity to
appeal the decision and pending resolution of any grievance appeal.
e. The mailroom or security office shall deliver the prohibited/item(s) to the inmate
if permitted as a result of the appeal, or mark the item(s) appropriately and
either mail them out of the facility at the inmates (if known) option and
expense, or if the inmate does not choose and pay for the item to be mailed,
destroy the item(s), hold the correspondence item(s) for investigation, as
evidence, or otherwise dispose of it properly. Material that cannot be legally
mailed will not be sent.
7. When an inmate wishes to correspond with an inmate at another facility (whether under
the Departments jurisdiction or the jurisdiction of any other state, county, or federal
agency or contractor) or a juvenile in a detention center:
a. neither inmate can be in disciplinary custody status;
b. each inmate must submit a request to the counselor at his/her current facility; the
request must include the name and number of the other inmate, the relationship
between them, the reason for the correspondence, and the name of the facility
where the other inmate is located;
c. the counselor will verify the relationship between the inmates, and prepare and
circulate a DC-46, Vote Sheet;
d. if approved, the counselor will prepare a Correspondence Between Inmates Form
(Attachment 1-C), obtain the Facility Manager/designees signature, and forward it to
the Facility Manager/designee of the other facility;
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e. the Facility Manager/designee at the recipient inmates facility shall review the
Correspondence Between Inmates Form and determine whether to approve the
request to correspond;
f. if both Facility Managers/designees approve the request, a copy of the
Correspondence Between Inmates Form shall be placed in the DC-14, Counselor
File, a notation shall be made in the automated Inmate Cumulative Adjustment
Record (ICAR), and the mailroom supervisors at both facilities shall be notified; and,
when inmates have been permitted to correspond because of a pending case,
the Mailroom Supervisor shall verify the status of the case with the
Departments Office of Chief Counsel every six months. Unless permission to
correspond has been otherwise terminated, the Mailroom Supervisor shall
notify every staff member who was designated to receive a copy of the
Correspondence Between Inmates Form approving the correspondence when
the case has been completed and the permission to correspond will be
terminated;
g. the inmates must refrain from mentioning facility security, staff, or inmates in their
communication;
h. the facility may read both incoming and outgoing correspondence between the
inmates, to ensure compliance with the conditions of these procedures;
i.
j.
permission to correspond granted at one facility shall transfer with the inmate
to any other Department facility; however, any approval granted or transferred
may be revoked for changed circumstances and affected parties shall be
notified by the Facility Manager/designee.
8. Each inmate will be permitted, without cost, to mail eight, one-ounce, first-class letters
per month.5
9. There will be no limit on the number of letters that an inmate may send at his/her own
expense.6 Envelopes are available for purchase through Commissary. If an inmate has
purchased envelopes prior to a transfer to another facility, the inmate shall be allowed a
one-for-one exchange of envelopes upon arrival at the new facility.
10. No threatening, obscene, or if the inmate is under the age of 18, explicit sexual
material, pictorial nudity, contraband, material containing a criminal solicitation, or
5
6
4-4489, 4-ACRS-6A-06
4-4488
1-5
Issued: 9/16/2015
Effective: 10/29/2015
1-6
Issued: 9/16/2015
Effective: 10/29/2015
a. An inmate may submit a DC-135A, Inmate Request to Staff Member for no-cost
stationery to the Facility Business Manager/designee. The request shall contain:
(1)
(2)
(3)
(4)
the name of the court in which the case is pending, the case/docket number, the
caption/title of the case, and type of case.
b. The Business Manager/designee shall review the information contained in the DC135A, and verify that the inmate has insufficient funds to purchase the needed
material.
c. The Business Manager/designee shall respond to the request within five working days
of receipt.
d. Upon approval, the inmate shall be provided free of charge:
(1)
a pen of the type permitted under the policy and rules governing the inmates
housing unit; and
(2)
(1)
An indigent inmate may anticipate on his/her account, postage for legal mail, to
include exhaustion of grievances, and copying charges up to $10 per month.8
Under no circumstances, shall the Business Manager/designee approve
requests in excess of $10 per month. An inmate is responsible for managing
his/her funds and monthly postage allowance to meet his/her legal needs.
(2)
(3)
After all deductions are taken in accordance with Department policy DC-ADM
005, Collection of Inmate Debts any money received in an inmates account
shall be used to satisfy the postage debt and copying fees.
4-ACRS-6A-06
1-7
Issued: 9/16/2015
Effective: 10/29/2015
b. Postage Limitations
An indigent inmate will be permitted to anticipate the deposit of funds into his/her
account for regular first-class postage only except that:
(1)
(2)
an inmate may not be permitted to anticipate the deposit of funds into his/her
account to mail documents in any case in which he/she is not a party;
(3)
any misuse of postage and incomplete or false requests shall be grounds for
disapproval of any further anticipation for postage and for discipline; and
(4)
the inmate may seek review of any decision regarding this Section as outlined in
Department policy DC-ADM 804.
C. Inmates Who Regularly Use Names Different from the Name on the Commitment Form
1. An inmate who has made a permanent legal change in his/her name, so that it differs
from the commitment name, may submit a request to the Facility Manager for permission
to use the new name for limited purposes. This request must include the reason(s) why
the inmate wishes to use the new name.
2. The Facility Manager shall review and grant permission for limited use of the approved
name if the name was changed for legitimate reasons. Legitimate reasons shall include
changes because of change in gender, marital status, religious reasons, and ethnic
identification. Only permanent name changes will be approved. Multiple changes will not
be honored.
3. The Facility Manager shall notify the inmate of his/her decision on the request to use the
new approved inmate name. If the request is approved, the Facility Manager shall
inform the inmate in writing of the permitted uses of the newly approved inmate name.
The Facility Manager shall advise the inmate that the newly approved inmate name may
not be used to mislead or commit fraud and that abuse of the guidelines established for
this procedure may result in withdrawal of approval to use the newly approved inmate
name. If this request is disapproved, the Facility Manager shall explain the reasons for
disapproval.
4. The facility is not required to permit an inmate to use a new name, which has not been
approved by these procedures.
5. The newly approved inmate name shall be added to the inmates records as an AKA
(also known as). No Department records will be changed absent a court order specifically
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directing that the records be changed. If such an order is issued, it shall be referred to the
Office of Chief Counsel for review. This type of change will not be handled pursuant to
the procedures established here. A court order authorizing and ordering a change of
name does not automatically mandate changes in existing records.
6. When an inmate changes his/her name, the Records Office shall notify the OVA and the
Parole Supervisor at the facility.
7. The inmate must continue to respond when addressed by his/her commitment name and
to sign the commitment name for all purposes except those listed below.
a. A visitor may identify the inmate he/she wishes to visit by using the newly approved
inmate name.
b. The inmate may execute a DC-155, Power of Attorney authorizing the
endorsement of checks in the newly approved inmate name. A notation shall be
made on the second form indicating this form does not supersede the DC-155 under
the commitment name, but is only additional authorization.
c. After the execution of the new DC-155 the inmate may receive deposits to his or her
inmate account using the newly approved inmate name.
d. It is the inmates responsibility to advise any person who wishes to use the newly
approved inmate name for the purposes described above that he/she must,
whenever using the newly approved inmate name, also provide other data; inmate
number and commitment name, so that the facility can identify the inmate. A visitor,
correspondence, or publication that does not present or contain data sufficient to
identify the inmate may be disapproved.
e. It is the inmates responsibility to change his/her name on his/her social security card
using the procedures required by the Social Security Administration (SSA)
(refer to Department policy 7.3.1, Inmate Reentry and Transition.). The
Department has been informed that a new card will be issued with the inmates
original social security number. A new number is not issued for a name change. The
inmate will have to send the original Court Order that grants the legal name change
with the application for name change. Photocopies or notarized copies of documents
are not accepted.
8. An inmate shall be issued and charged for the replacement ID card in accordance with
Department policy 6.3.1, Facility Security when he or she has been authorized to
use a newly approved inmate name.
9. The inmate shall be charged $10 for a new fingerprint card that is required for a name
change.
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Issued: 9/16/2015
Effective: 10/29/2015
10. Abuse by the inmate of any of these guidelines shall be treated as disobedience of a
direct order, and may be grounds for revocation of permission to use the newly approved
inmate name, and for disciplinary action.
11. An inmate may seek review of a decision pursuant to these procedures by filing an
inmate grievance under Department policy DC-ADM 804.
1-10
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4-4491, 4-ACRS-6A-08
2-1
Issued: 9/16/2015
Received: 10/29/2015
Revenue/IRS Office of Criminal Tax Investigations and advise them of the inmates
name, social security number, and check amount. The PA Department of Revenue
and/or IRS representative will advise the Security Office as to the legitimacy of the
refund. The Office of Chief Counsel shall be contacted if tax refund checks are
received from other sources.
6. When a birth certificate, Social Security Card, Drivers License, etc., is received for an
inmate, mailroom staff will forward it to the Business Office (to be held until the inmate is
released), and notify the inmate and his/her counselor of the receipt of the document(s).
7. When any documentation concerning Uniform Commercial Code (UCC) filings, the
redemptive process, Acceptance for Value presentments, or documents indicating
copyright or attempted copyright of a name is received, mailroom staff shall notify the
Intelligence Captain/Security Lieutenant. An Unacceptable Correspondence Form
(Refer to Attachment 1-B in Section 1 of this procedures manual) shall be completed
and sent to the inmate and the sender, if identifiable. The inmate shall have 15
working days from the date of the notice to provide in writing to the Intelligence
Captain/Security Lieutenant an explanation of the legal basis or purpose for his/her
possession of the material. In the alternative, the inmate may choose to file a grievance
under Department policy DC-ADM 804, Inmate Grievance System explaining the
legal basis or purpose for his/her possession of the material. Any and all documents or
materials referenced in this paragraph shall be confiscated and considered contraband,
whether processed through the mailroom or found anywhere else within the facility.
8.
Account Statements
a. Inmate Savings/Investment Accounts
(1)
(2)
(3)
Issued: 9/16/2015
Received: 10/29/2015
(4)
(5)
An inmate with a checking account opened prior to his/her incarceration shall not
use the account while incarcerated.
(2)
An inmate with a charge card, credit card account, or debit account opened
prior to his/her incarceration shall not charge to the account or make
expenditures from the account while incarcerated.
(2)
The opening of a charge card, credit card account, or debit account while
incarcerated is prohibited.
(3)
Blank checks or cash advance vouchers associated with charge and credit
card accounts or debit accounts are considered contraband, and shall not be
provided to inmates.
(4)
(5)
Account statements for inmates who opened a charge card, credit card account,
or debit account prior to incarceration, may be held by the inmate with his/her
personal property, unless there is reason to believe that there is a threat to
facility security or criminal activity, in which case, the materials will be considered
contraband and confiscated by staff.
d. Other Investments
(1)
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(2)
4-4491, 4-ACRS-6A-08
2-4
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Received: 10/29/2015
(2)
(3)
(4)
4-4492
2-5
Issued: 9/16/2015
Received: 10/29/2015
2-6
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Received: 10/29/2015
4-4491
3-1
Issued: 9/16/2015
Effective: 10/29/2015
purposes. Packages shall be held no more than 48 hours, excluding weekends and
holidays, unless being held for investigative purposes.2
c. An inmate who receives a letter of a disturbing nature should bring the matter to the
attention of the housing unit officer and make arrangements to discuss the problem
with his/her unit manager or counselor.
B. Presorted Standard Mail
Magazines and newspapers sent by Presorted Standard Mail will be accepted and reviewed
according to the Departments policies and procedures.
C. Certified or Registered Mail
1. Each facility shall establish procedures in cooperation with the local Postmaster for the
processing of certified and registered mail.
2. The inmate is responsible for determining whether mail is to be sent via certified or
registered mail.
3. Except as provided in Section 1 of this procedures manual, the inmate must have funds
available in his/her account and an approved cash slip for such postage payment in order
to send mail certified or registered.
D. Inmate Organization Correspondence
1. Only approved inmate organizations as defined by Department policy 7.8.1, Inmate
Recreational and Therapeutic Activities may send and receive mail.
2. Payment of postage is the responsibility of the inmate organization.
3. All incoming and outgoing inmate organization correspondence must be reviewed and
approved by the facility staff coordinator for the organization.
4. All outgoing correspondence must be reviewed by the staff coordinator for the
organization to ensure compliance with Department policies.
5. Outgoing correspondence must be sealed and delivered to the mailroom by the
staff coordinator.
6. An inmate organization may not send mail to an inmate of any federal, state, or
county prison or of any juvenile detention center.
4-4495
3-2
Issued: 9/16/2015
Effective: 10/29/2015
E. Incoming Publications
1. General Procedures
a. Incoming publications are governed by this policy and are not to be considered
outside purchases. Inmates in general population may receive incoming
publications subject to any applicable limit on the amount of property the
inmate is permitted to store. Inmates in any housing status other than the
facilitys general population, may receive incoming publications unless the
receipt of publications is prohibited by the policy applicable to the inmates
housing status. Incoming publications will be searched for contraband and
reviewed for content. The covers of publications may be damaged through
examination or removed where inspection of the cover is deemed necessary
and no reasonably available alternative form of inspection is adequate.3
b. Incoming publications must be received from their original source. Single copies of
small letter-sized pamphlets may be received in regular correspondence from
family members, friends, or religious advisors. 4
c. Newspapers may be mailed or delivered to the facility by an original source.5
d. Books, newsletters, and other mail from non-profit religious and charitable
organizations, when addressed to an individual inmate shall be delivered to the
inmate even if mailed at less than first or second-class mail rates (Presorted Standard
Mail rate), as long as the publication is permitted based on all other criteria set forth in
this policy and the policies applicable to the inmates housing status.
e. Inmates are permitted to receive donated publications, with the following stipulations:
(1)
(2)
(3)
4-4490
4-4490
5
4-4490
4
3-3
Issued: 9/16/2015
Effective: 10/29/2015
An inmate may receive more than one copy of a publication only with special approval
of the IPRC. Approval may be sought by submitting a DC-135A to the IPRC.
j.
k. Upon receipt of mail sent at less than First or Second Class Rate, the mail inspector
shall verify that the stamp specifically states Presorted Standard Mail and if the
words Presorted Standard Mail are not printed on the mail, it shall be processed as
regular incoming mail.
l.
If the words Presorted Standard Mail are marked on the item, the mail inspector
shall determine if the item meets the definition of a publication as set forth in the
Glossary of Terms. If the criteria for a publication is met, the item shall be accepted
and processed in accordance with Subsection E.2. below, regardless of the postal
rate at which it was mailed. If the item has a Presorted Standard Mail Stamp, but
does not meet the criteria for a publication, delivery will be refused.
4-4490
3-4
Issued: 9/16/2015
Effective: 10/29/2015
(2)
(3)
the IPRC must complete the Notice of Incoming Publication Denial Form
(Attachment 3-B) by entering the following:
(a)
(b)
(c)
(d)
(b)
email a copy of the completed form to the Office of Policy, Grants, and
Legislative Affairs.
The Office of Policy, Grants, and Legislative Affairs shall, within seven
working days of receipt of the completed Notice of Incoming Publication
Denial Form, notify the publisher of the denial of the publication by
forwarding a copy of the Notice of Incoming Publication Denial Form.
Duplicate notification shall not be required for a single issue of a
publication or for a publication appearing on the Departments Reviewed
Publication List.
d. When the IPRC determines that the publication appears on the Departments
Reviewed Publication List, the publication shall not be reviewed for compliance
with the criteria set forth in Subsection E.3 below. Instead, the publication shall
be permitted, denied, or otherwise treated as set forth in the Departments
Reviewed Publication List, PROVIDED THAT it also is compliant with the
provisions of this procedures manual other than Subsection E.3. below. When a
publication that appears on the Departments Reviewed Publication List is
denied:
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(1)
(2)
(b)
3. Criteria
a. General
(1)
(2)
(3)
(4)
Any publication that contains one or more sections dealing with prohibited topics
must be disapproved in its entirety. If a publication is disapproved because of a
section(s) dealing with prohibited topics, facility staff may not alter the
publication by removing the prohibited section(s) in an attempt to make the
publication acceptable. The publisher may alter the publication by removing
the prohibited section(s), republishing the publication, and resending it to
the inmate. Any resubmitted publication shall be reviewed as though it was
being submitted for the first time.
b. Security Issues
Written narratives/language and/or visual/graphic representations/images containing
any of the following content shall be denied:
(1)
Issued: 9/16/2015
Effective: 10/29/2015
(2)
(3)
writings which:
(a)
advocate violence;
(b)
(c)
(d)
(4)
racially inflammatory material, material that could cause a threat to the inmates,
staff, or security of the facility, material that encourages or promotes the belief
that one group of persons is superior over another, or describes rites or
ceremonies that include instruments that could be used to cause harm to ones
self or others, except if this material is contained in religious material or a sacred
text in which case it must be reviewed using the criteria set forth in Subsection
E.3.d. below; or
(5)
maps, road atlas, etc. that would facilitate the planning of an escape or criminal
activity or would pose a security threat to the Department, its staff, contractors,
volunteers, or facilities.
(2)
Issued: 9/16/2015
Effective: 10/29/2015
(b)
Is it likely that the content in question was published or provided with the
primary intention to raise levels of sexual arousal or to provide sexual
gratification, or both? If so, the publication or content will be denied for
inmate possession.
Religious material and sacred texts that contain otherwise prohibited material
shall be prohibited if they explicitly direct followers to act violently or encourage
violent acts against Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI)
populations, persons of other races, nationalities, religions, etc. or direct the
use of instruments to cause harm to ones self or others. Religious material and
sacred texts that only promote a sincerely held belief, as opposed to directing
followers to act on that belief, shall be permitted.
(2)
ii. If so, does the religious material or sacred text explicitly direct followers
to act violently or encourage violent acts against persons of other races
or nationalities, etc. or to use instruments to harm ones self or others?
Only religious material or a sacred text that explicitly directs
followers to act violently or encourages violent acts can be
prohibited.
(b)
The IPRC may consult with the FCPD in evaluating religious publications
and sacred texts. The Secretarys Office of Inmate Grievances and
Appeals (SOIGA) shall consult with the Religious Accommodation Review
Committee in reviewing appeals from the denial of religious publications or
sacred texts.
4. Review Process
a. Inmate Grievance Review
(1) An inmate may seek review of a decision denying a publication by filing a
grievance in accordance with Department policy DC-ADM 804, Inmate
Grievance System. If a timely grievance is not filed, the publication will be
destroyed after 30 working days unless;
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Issued: 9/16/2015
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(a)
the inmate submits a cash slip for the costs of shipping the
publication out of the Department to a specific person within 15
working days; or
(b)
The Mailroom Supervisor shall hold the publication until the grievance
process, including grievance appeals, if any, is completed.
(2)
(3)
The Office of Policy, Grants, and Legislative Affairs shall review all
content-based appeals, advise SOIGA of its determination, return the
grievance and related material to SOIGA, and add the final appeal decision
to the Departments Reviewed Publication List.
(4)
c. Publisher Appeals
(1)
Issued: 9/16/2015
Effective: 10/29/2015
must include a copy of the Incoming Publication Denial Form the publisher
received. The Office of Policy, Grants, and Legislative Affairs may, in its
sole discretion, accept an untimely appeal for demonstrated good cause.
Multiple appeals by the publisher of the same issue of a publication are
prohibited and shall be disregarded.
(2)
The Office of Policy, Grants, and Legislative Affairs shall notify the
Mailroom Supervisor at the inmate addressees facility that the publishers
timely appeal has been received.
(3)
The Mailroom Supervisor shall hold the publication until the grievance
process, including grievance appeals, if any, is completed.
(4)
(5)
d. Post-Appeal Procedures
Upon completion of the grievance process or the publishers appeal, or both,
the publication shall be processed in accordance with the final decision.
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Approved Inmate Name The name under which the inmate is committed to the Department
and/or a name change that is in accordance with Department policy 11.5.1, Records Office
Operations.
Cashiers Check a check drawn by a bank and payable from the banks own funds.
Catalogue Printed material the primary purpose of which can reasonably be regarded as
offering anything other than a publication for sale, loan, or exchange.
Charge Card Account A charge card account is a financial arrangement with a merchant or
company requiring the account holder to pay any balance on the account in full at the end of
each month, and is subject to interest charges by the merchant or company (e.g., American
Express or a Sears Charge Card.)
Content As used in this policy, content refers to the substance of the writings, the
words and what they mean, and also includes nude photos.
Contraband An item that an inmate is prohibited from possessing or an item that an inmate is
permitted to possess, but which has been altered or is being used for something other than its
intended purpose.
Control Number A number obtained through the Departments Office of Chief Counsel
authorizing an attorney or court to use the Departments system designed to ensure facility
security as well as essential, confidential attorney-client communications.
Court The (1) Pennsylvania Supreme Court, including any justice of such court, the
Prothonotary, and any division of such court, (2) Pennsylvania Superior Court and
Commonwealth Court of Pennsylvania, including any judge of such courts, clerk of
courts and Prothonotary of such courts and any division of such courts; (3) any court of
common pleas, including any judge, clerk of courts, or Prothonotary of such court as
well as the domestic relations and children and youth services divisions of such courts;
(4) the Philadelphia Municipal Court, including any judge, Prothonotary or clerk of courts
of such court; (5) any magisterial district court or magisterial district judge; (6) any
federal district court, including any judge, clerk of court or marshal of such court; (7) any
United States Court of Appeals, including any judge, clerk, marshal or division of such
court; (8) the United States Supreme Court, including any justice, clerk, marshal or
division of such court; (9) any analogous court of another state, including any judge,
justice, division, office or official of such court; and (10) any administrative court or
judge of any federal or state agency.
Credit Card Account A credit card account is a financial arrangement with a bank or company
allowing the account holder to maintain a balance on the account at the end of the month, and is
subject to interest charges by the merchant or company (e.g., Visa or MasterCard).
Department Reviewed Publication List A list maintained by the Department and consisting
of the name, date, publisher, and review discussion for all publications that have received final
review after any appeal of a Facility Managers decision to prohibit the publication.
1
Electronic Mail (E-Mail) Mail that is sent electronically using a vendor contracted by the
Department.
Explicit Sexual Material Any book, pamphlet, magazine, printed matter, sound recording,
explicit and detailed verbal description, narrative account, or other material of the following: (1)
sexual conduct, which means acts of masturbation, homosexuality, sexual intercourse, sexual
bestiality, or physical contact with a persons clothed or unclothed genitals, pubic area, buttocks
or, if the person is a female, breast; (2) sadomasochistic abuse, which means flagellation or
torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition
of being fettered, bound, or otherwise physically restrained on the part of one so clothed; (3)
sexual excitement, which means the condition of the human male or female genitals when in a
state of sexual stimulation or arousal.
Facility Mail Distribution System The system used to deliver and pick-up mail from inmates
within the facility.
Facility Manager The Superintendent of a State Correctional Facility or the Motivational Boot
Camp, Director of a Community Corrections Center, or Director of the Training Academy.
Incoming Publications Review Committee (IPRC) A committee of at least three facility
personnel selected by the Facility Manager/designee at each facility that reviews incoming mail
that may contain prohibited content. One member of the IPRC must be a librarian, teacher or
school principal.
Indigent Inmate An inmate for whom the combined balances of his/her facility account and
any other accounts are $10 or less at all times during the 30 days preceding the date on which
the inmate submits a request to the person designated by the Facility Manager/designee. An
inmate who refuses available work/school although he/she is physically able and not precluded
from work/school by virtue of his/her housing status, is not indigent for the purposes of this
policy and is not eligible for free stationery or to anticipate for postage. An inmate who is selfconfined may also be considered as refusing available work although physically able as
determined by the Program Review Committee (PRC). Any inmate who has funds in another
account, which if deposited in his/her facility account would bring his/her balance to more than
$10, is not indigent. Any inmate who has not made a good faith effort to manage his/her money
so as to be able to pay the necessary costs of litigation himself/herself is not indigent.
Investment Account any brokerage, individual retirement, or similar account through
which a licensed investment professional buys and sells stocks, bonds, mutual funds
and other investments on the account holders behalf for a fee.
Nipple The protrusion from the human breast including all of the areola.
Non-Content Non-Content means matters other than the content such as contraband,
e.g. glue, perfume, unpaid envelopes, Sovereign Citizen, and UCC materials.
Nudity The showing of the human male or female genitals, pubic area, or anus with less than
a fully opaque covering or the showing of the female nipple with less than a fully opaque
covering, or the depiction of covered male genitals in a discernible turgid state.
Obscene Material Any book, photograph, pamphlet, magazine, printed matter, sound
recording, explicit and detailed verbal description, narrative account or other material is
considered obscene if one of the following applies:
1. an average person applying contemporary community standards would find that the subject
matter taken as a whole appeals to the prurient interest; and
2. the subject matter depicts or describes in a patently offensive way; (a) ultimate sexual acts,
normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy
and sexual bestiality, (b) patently offensive representations or descriptions of masturbation
or execratory functions, (c) in a sexual context, flagellation or torture upon a nude person or
one clad only in undergarments, a mask or bizarre costume or fettered, bound or otherwise
restrained, and/or (d) lewd exhibition of the genitals.
Original Source a publisher, bookstore, book club, distributor or department store, or
commercial distributor of a publication or a duly formulated not-for-profit organization
that distributes the specific publication in connection with its religious, charitable, or
public service purpose.
Photograph a picture produced by photography.
Presorted Standard Mail Mail that usually consists of sales flyers, form letters, or other
printed pieces that are generally identical in content but do not meet the criteria of a publications
as defined in the definition of publication. This mail is specifically identified with a United States
Postal Service Presorted Standard Mail Stamp.
Privileged Correspondence
1. Outgoing Privileged Correspondence: Outgoing mail addressed to the following persons:
a. Elected or appointed federal, state, or local officials: One to whom the inmate has
petitioned to redress a grievance. The term elected or appointed official includes, but is
not limited to, the courts, the President of the United States, the Governor, the Attorney
General, and a District Attorney. The term elected or appointed official does not include
the Veterans Administration, Bureau of Motor Vehicles, Social Security Administration,
Department of Education, the Pennsylvania Prison Society, the Pennsylvania Board of
Probation and Parole (PBPP), or agencies to whom the inmate has applied for benefits.
b. Attorney: Any person authorized under applicable law to practice law and who is engaged
in an attorney/client relationship with the inmate addressee. All correspondence to
attorneys must be clearly marked with the attorneys full name, or the full name and
address of the law firm, printed on the envelope for it to be considered privileged.
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2. Incoming Privileged Correspondence: Mail from an inmates attorney that is either handdelivered to the facility or identified with a control number issued to the sender by the
Departments Office of Chief Counsel or mail from a court.
Prurient Obsessively interested in sexual matters; marked by an obsessive interest in sex;
arousing or appealing to an obsessive interest in sex.
Public Mail Systems The United States Postal Service and private carriers who serve the
public with systems to move pieces of mail from one location to another.
Publication (1) A photograph; and/or (2) Printed material that is circulated among the public
for conveying information, including, but not limited to, newspapers, magazines, hardcover or
paperback books, catalogues, pamphlets, and newsletters regardless of Postal Rate.
Savings Account - a passbook or statement savings account, certificate of deposit
account, or Tuition Assistance Plan with a financial institution that is licensed by the
federal government or a state government.
Storage Space The amount of space an inmate is permitted to use to store his/her property
as permitted by the policy applicable to the inmates housing unit.
Undeliverable Mail Mail that cannot be identified for delivery to a specific addressee.