37 Tex. Admin. Code § 291.2 - Inmate Correspondence Plan

Each facility shall have and implement a written plan, approved by the Commission, governing inmate correspondence. The plan shall provide for the handling of privileged and nonprivileged correspondence, both outgoing and incoming, and shall provide for the collection and distribution of correspondence.

(1) General Requirements.

(A) Inmates shall be permitted to send as many letters of as many pages as they desire, to whomever they desire. Inmate to inmate correspondence may be prohibited where legitimate penological interest exists.

(B) Inmates may receive correspondence in any quantity, amount, and number of pages.

(C) Inmates shall be allowed to retain writing materials, stamps, and correspondence in reasonable amounts.

(D) If requested, indigent inmates shall be furnished a reasonable amount of paper, pencils, envelopes, and stamps to correspond with their attorney(s) and the courts. Additionally, indigent inmates shall be furnished paper, pencils, envelopes, and stamps to post at least three letters a week for all other correspondence. A negative balance may be maintained on the inmate's commissary account for indigent postage and correspondence supplies.

(E) Correspondence may be rejected on a case by case basis, provided it is a violation of the inmate rules. For purposes of this plan such correspondence is defined as:

(i) containing information regarding the manufacture of explosives, weapons, or drugs;

(ii) containing material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of jails through inmate disruption such as strikes or riots; and

(iii) a specific factual determination has been made that the publication is detrimental to inmate's rehabilitation because it would encourage deviate criminal sexual behavior.

(2) Privileged Correspondence.

(A) Correspondence addressed to or received from the following persons or organizations shall be considered privileged correspondence:

(i) officials of the federal, state, and local courts;

(ii) all federal officials and officers, including the President of the United States;

(iii) state officials and officers, including the Texas Commission on Jail Standards and the Governor;

(iv) letters to bona fide news media; and

(v) the inmate's attorney(s).

(B) Outgoing correspondence addressed to the persons listed in subparagraph (A) of this paragraph shall not be opened or interfered with unless a search warrant is obtained.

(C) Incoming correspondence from correspondents listed in subparagraph (A) of this paragraph shall be opened only in the presence of the inmate with inspection limited to locating contraband. Whenever jail officials have probable cause to suspect that the incoming letter is part of an attempt to formulate, devise or otherwise effectuate a plan to escape from the jail, or to violate state or federal laws, officials shall obtain a search warrant prior to opening and reading the correspondence of the individual involved.

(3) Nonprivileged Correspondence.

(A) Mail addressed to or received from persons or organizations not listed in paragraph (2)(A) of this section shall be considered nonprivileged correspondence.

(B) Outgoing correspondence may be opened and read. Correspondence may be censored provided a legitimate penological interest exists. A copy of the original correspondence should be retained.

(C) Incoming correspondence may be opened and read. Correspondence may be censored provided a legitimate penological interest exists. A copy of the original correspondence should be retained. If contraband is discovered, it shall be confiscated and the inmate advised of the action.

Notes

37 Tex. Admin. Code § 291.2

The provisions of this §291.2 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective October 20, 1997, 22 TexReg 10332; amended to be effective December 22, 1999, 24 TexReg 11521