Usp Florence Mail Rules Supplement 2006
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REVIEWED AND RELEASED BY NCRO LEGAL OFFICE UNITED STATES PENITENTIARY ADM INISTRATIVE M AXIM UM FACILITY Florence, Colorado 81226 Change Notice Directive Being Changed : FLM 5265.11F Change Notice Number : 01 Date : March 6, 2006 1. Purpose and Scope: To update Institution Supplement FLM 5265.11F, Correspondence. 2. Summary of Changes: This Change Notice amends Page 3, Paragraph B, Outgoing Special Mail Procedures. 3. Table of Changes: Remove Page 3 Insert Page 3, CN-01 4. Action: File this Change Notice in front of Institution Supplement FLM 5265.11F. 5. Office of Primary Interest: Case Management Coordinator. R. Wiley, Warden DISTRIBUTION: Directives Library All Department Heads AFGE Correctional Programs, NCRO REVIEWED AND RELEASED BY NCRO LEGAL OFFICE Date Associate Warden (Operations) Associate Warden (Programs) Inmate Law Library UNITED STATES PENITENTIARY ADMINISTRATIVE MAXIMUM FACILITY Florence, Colorado 81226 INSTITUTION SUPPLEMENT * Number Date Subject : FLM 5265.11F : January 31, 2006 : Correspondence 1. PURPOSE: This institution supplement is prepared to outline correspondence procedures at the United States Penitentiary, Administrative Maximum, and Federal Prison Camp, Florence, Colorado. This institution supplement must be read in conjunction with the directives referenced for a clear understanding of policy. * 2. DIRECTIVES REFERENCED: Program Statement 5265.11, Correspondence, dated July 9, 1999. Program Statement 5800.10, Mail Management Manual, dated November 3, 1995. Program Statement 1315.07, Inmate Legal Activities, dated November 5, 1999. DIRECTIVES RESCINDED: * Institution Supplement FLM 5265.11E, Correspondence, dated February 8, 2005. 3. * STANDARDS REFERENCED: ACA Standards 4-4042, 4-4266, 4-4274, 4-4275, 4-4279, 4-4487, 4-4488, 4-4489, 4-4491, 4-4492, 4-4494. 4. RESPONSIBILITY: Unit staff shall inform the inmate, upon his arrival at the institution (normally in Receiving and Discharge) of this institution's correspondence rules and shall have the inmate sign forms BP-407, Acknowledgment of Inmate, and BP-408, Acknowledgment of Inmate Continuation Sheet. Unit staff shall inform the inmate that letters placed in the U.S. Mail are placed there at the request of the inmate and that the inmate must assume responsibility for the contents of each letter. The Admission and Orientation FLM 5265.11F Correspondence Page 2 Handbook and mail presentation in the A&O video are also used to inform inmates of these responsibilities. Should the inmate wish to execute the BP-407, and wants his general correspondence or funds returned to sender, the Unit Counselor shall notify the Mail Room via a copy of the executed BP-407. 5. PROCEDURES: A. AUTHORIZATION TO RECEIVE A PACKAGE - BP-331 For the purposes of correspondence, a package is defined as something wrapped, boxed, or an envelope having a thickness of one inch or more. Further, a package may be any mailing with contents that are not identifiable unless opened. Packages containing publications should be endorsed "authorized publications enclosed" or similar language to prevent the package from being refused as unauthorized. Packages require a prior authorization from a staff member. Packages received for which there is no authorization on file will be refused at the Post Office in compliance with the Program Statement on Mail Management. (1) Authority to approve packages will not be delegated below department head level. The following department heads only are authorized to approve packages relating to their respective departments: (2) (a) HEALTH SERVICES ADMINISTRATOR - Only for those items, deemed by Health Services, as essential to the inmate's health, and are not available through regular inmate health programs. (b) UNIT MANAGERS - For release or court clothing. (c) EDUCATION SUPERVISOR - Education courses coming directly from an educational institution only. Arrival of authorized packages. When an authorized package arrives at the institution, the authorizing department will be notified that the package has arrived at the institution by the Mail Room. The department authorizing the package will come to R&D to inspect the package, ensuring that the contents are authorized and in conjunction FLM 5265.11F, CN-01 Correspondence Page 3 with what was listed on the BP-331. The package will then be issued to the inmate by the authorizing department. The completed form will be distributed by the staff member issuing the package. B. OUTGOING SPECIAL MAIL: All outgoing Special Mail may be sealed. Outgoing Special Mail must identify the sending inmate as well as the addressee on the envelope. For example, John Doe, Attorney; John Doe, Reporter, Channel 12 WWAF, etc. Special Mail addressed to a government position or title does not require the individual's specific name. For example, U.S. District Judge, U.S. Attorney, Director of Corrections of the State of Colorado, etc. Outgoing Special Mail not correctly addressed will be returned to the inmate. * All outgoing Special Mail must be given directly to a Unit Team member, or the Inmates Systems Officer (at the Camp), who will verify the inmate with the inmate name on the return address and deliver it to the Mail Room. Any Special Mail weighing 16 oz. or more will require a Form BP-329, Request Authorization to Mail Inmate Package be completed by a Unit Team Member and given to the Mail Room with the Special Mail. Special Mail Boxes will not be used. The back of the envelope must have a minimum of 3 square inches of open space in order to affix the Special Mail stamp which is required on all outgoing Special Mail. Envelopes not allowing sufficient space for this endorsement will be returned to the sender for re-packaging. * C. INCOMING SPECIAL MAIL: Incoming Special Mail is defined as legal correspondence that meets certain criteria and requires special handling, specifically the opening of the correspondence in the presence of the inmate. The criteria for mail that is intended to be opened in the presence of the inmate is outlined in the Institution Supplement entitled Mail Management Manual. Self-addressed stamped envelopes that an inmate sends out to receive legal correspondence will not be afforded special mail handling privileges when mailed back to the institution, regardless of the markings. In addition, stamps or stamped items received in special mail envelopes will be returned to the sender as an unauthorized item. The mail room will be responsible for logging of all special mail received. Shakedown procedures for incoming special mail are outlined in the Institution Supplement on Mail Management. The mail room will maintain a master log book of incoming Special Mail which will have the inmate's name, register number, the sender's name, city and state, the date and time the mail was received by the inmate, the inmate's signature and the issuing staff members initials. FLM 5265.11F Correspondence Page 4 D. POSTAGE: An inmate will be authorized to possess or purchase the dollar equivalent of 60 first class postage stamps at any one time. All postage stamps in excess of this amount will be considered contraband. An inmate may receive free postage of five first class stamps per month, upon his request, for maintaining community ties, providing he meets the criteria for being an indigent inmate. Inmates who are determined to be indigent may obtain up to five free stamps per week for legal mail (attorneys and courts) and administrative remedy appeal forms. In such situations, the inmate will submit a request to his Unit Counselor, who will verify the inmate's indigent status. If an indigent inmate has qualified legal mailings which will require more than five stamps, the inmate will be advanced additional stamps, on the condition he signs a TRUFACS withdrawal form. By signing this form, the inmate is acknowledging that if he obtains funds in his commissary account, those funds will be used to repay the amount of extra legal postage. Any questions regarding the issuance of extra postage will be referred to the respective Unit Manager. In the case of qualified legal mailings, the inmate will give the sealed legal mail to his Unit Counselor. The staff member will print the inmate’s name, number and the number of stamps issued in the stamp log. Staff will make note if the postage was social, legal or extra legal for which a TRUFACS withdrawal form was signed by the inmate. The staff member will initial the entry, and the inmate will sign as receiving the stamps. The counselor will apply the postage to the legal mail and then deliver the mail to the mail room. Free legal mail postage will not be left in the possession of the inmate. These same provisions apply to pre-sentence and sentenced holdovers housed at this institution. The Unit Manager is responsible for the issuing and accounting for all stamps in accordance with the following provisions: (1) All stamps will be stored in locked cabinets. (2) Logs will be stored with the stamps. (3) Unit secretaries will not issue stamps to inmates, but may be assigned duties related to preparation of accounting reports to the business office. The Controller or designee will audit units quarterly, inspecting the extra stamps log. Discrepancies will be reported in writing to the Warden, with copies to the FLM 5265.11F Correspondence Page 5 Associate Warden (Programs) and the Case Management Coordinator. To ensure maximum accountability and security, each unit will follow these procedures: E. (1) Maintain all signature logs for at least two years. (2) Standardize log books for all units. (3) Obtain inmate's signature in the log book for all extra stamps. PORNOGRAPHY AND NUDE PHOTOGRAPHS: Pornographic photographs and publications will be defined and processed in accordance with current national policy as outlined in the Program Statements on Mail Management and Incoming Publications, along with their respective Institution Supplement. F. MAIL ADDRESS AND REQUIREMENTS: All outgoing inmate mail must contain the inmate's name and register number. The return address must be on the front of all mailings. The intent of national policy for the institution name in the return address prohibits any abbreviations or any shortening of the name that would not fully identify the facility as a federal prison. Any outgoing mail that fails to meet this policy will be returned to the sender. * SAMPLE OF PROPERLY ADDRESSED MAIL FOR FPC INMATES Committed Name, Register Number Federal Prison Camp P. O. Box 5000 Florence, CO 81226 * SAMPLE OF PROPERLY ADDRESSED MAIL FOR ADX INMATES Committed Name, Register Number U.S. Penitentiary, MAX Post Office Box 8500 Florence, CO 81226 G. FOREIGN LANGUAGE CORRESPONDENCE: To ensure the security, discipline and orderly operation of this facility, correspondence in languages other than English will be subject to translation, review, and verification, which may cause a delay in receipt. Correspondence which cannot be reasonably translated may be rejected. FLM 5265.11F Correspondence Page 6 H. SECURITY OF INCOMING AND OUTGOING CORRESPONDENCE: All incoming correspondence will be x-rayed prior to entering the facility. All outgoing correspondence will be x-rayed prior to delivery to the U.S. Post Office. * I. SUPERVISION OF INMATE CORRESPONDENCE: The Case Management Coordinator has been designated as the staff person to supervise all inmate correspondence. * J. MONITORING PROCEDURES: All incoming and outgoing inmate mail will be monitored by any ADX staff member. Certain inmate correspondence may be subject to additional monitoring based on the inmate being placed on a formal review list or if any questionable correspondence is indicated by monitoring staff. This additional monitoring may be conducted by designated staff as necessary. All first class mail will ordinarily be inspected and delivered to the inmate within the time limits prescribed in the local supplement on mail management. K. SPECIAL PURPOSE LETTERS: Inmates who are on restricted correspondence may be permitted, at the appropriate Approving Official's discretion, to correspond with persons other than those on the inmate's approved mailing list for certain one-time purposes only. Requests for a special purpose letter shall be generated by the inmate's Case Manager and routed through the Unit Manager and Associate Warden to the Warden for approval. Those inmates who were placed on restricted correspondence by an official other than the Warden shall refer the request to that same person for approval. L. INMATE TO INMATE CORRESPONDENCE: In many cases, former inmates are not permitted to have contact with convicted persons, as a condition of their release. Former inmates under any type of post-confinement supervision, who wish to correspond with an ADX inmate will require the approval of their probation officer and the appropriate ADX approving official. M. REJECTED INMATE CORRESPONDENCE Returned Correspondence, BP-327, will be used to notify both the sender and the inmate of rejected incoming correspondence. Local security concerns FLM 5265.11F Correspondence Page 7 dictate only the sender’s name will be included on the form. No return address will be noted to prevent further unauthorized correspondence. N. 6. INMATE CORRESPONDENCE WITH REPRESENTATIVES OF THE NEWS MEDIA. 1. An inmate may write through "special mail" to qualifying members of the news media (as the term "news media" is employed in 28 C.F.R. § 540.20(b)) specified by name or title. 2. An inmate may not be employed as, nor act as, a reporter. An inmate may not receive compensation or anything of value for correspondence with the news media. 3. A column or article published under a byline alone is not prohibited conduct. Staff shall examine the relationship between the inmate's activities and the inmate's contacts with the news media. The activities which may be evidence of prohibited conduct, in conjunction with an inmate written byline, include but are not limited to: (a) when the inmate publishes a news article or news column in the news media -- as the term "news media" is employed in 28 C.F.R. § 540.20(b) -- on a regularly occurring basis (consistent with the news media's ordinary publication cycle, i.e., daily, weekly, quarterly, etc.). (b) when the inmate enters into a contractual or other agreement with a member of the news media for a regularly published news column or news article; or (c) when the inmate undertakes regularly occurring article or column "job" assignments with the news media. An inmate publishes on a regularly occurring basis when his publication of articles or columns is such that it indicates a relationship or affiliation with that news media. OFFICE OF PRIMARY INTEREST: Case Management Coordinator. R. Wiley, Warden REVIEWED AND RELEASED BY Date NCRO LEGAL OFFICE FLM 5265.11F Correspondence Page 8 ((((((((((((((((((((((((((((((((((((( DISTRIBUTION: Directives Libraries All Department Heads Associate Warden (Programs) Associate Warden (Operations) Inmate Law Library AFGE Correctional Programs, NCRO