6-14/060.00 Correspondence

There is no limitation on the volume of mail that an inmate may send or receive. Mail may be read when there is a valid security issue and the unit commander approves.

Jail authorities may open and inspect such mail only to search for contraband, cash, check, or money orders.

Inmates who are without funds shall be permitted at least four postage-free envelopes and eight pages of lined paper each week for correspondence with family members and friends. There is no limitation on the number of postage-free letters to their attorney and to the courts.

INMATE CORRESPONDENCE

Reasonable judgment must be employed in the method of mail inspection without endangering the integrity of facility security.

Each station shall develop procedures to inspect incoming mail in accordance with the Manual of Policy and Procedures (MPP), section 5-03/190.20, "Requirements of the Incoming Mail Inspection Officer" and Custody Division Manual (CDM) section 5-06/070.00, “Inmate Correspondence.”

The following rules and standards shall be followed concerning inmates receiving personal correspondence:

• All incoming inmate correspondence will be inspected for contraband
• Any enclosure of currency, bank drafts, money orders, checks, or other negotiable instruments shall be handled in accordance with MPP section 5-03/200.15, "Incoming Money,” and CDM section 5-06/020.00, “Inmate Money”
• All processed mail shall be expediently routed to the addressee
• Photographs may be given to inmates, subject to the following guidelines:
  • The photographs shall be unadorned; size shall be a minimum of 3 inches by 5 inches, and shall not exceed 4 inches by 6 inches in size
  • Photographs or pictures that are sexually explicit, depicting nudity and/or sexual acts, showing gangs, gang tattoos, or hand gestures (signs) are prohibited
  • Polaroid photographs shall be cut open for examination
  • Unit commanders may prohibit photographs which they deem capable of compromising the security of the facility
• Books, papers or periodicals delivered through the US Mail are permitted. Refer to CDM section 5-06/030.00, "Inmate Reading Material"
• Bulk mail, solicitations, and advertisements addressed to specific inmates shall not be withheld, subject to the provisions of CDM section 5-06/030.00, "Inmate Reading Material."
• All inmate personal property, including mailed items, letters, reading materials, and photographs or computer generated images are subject to the provisions of CDM section 5-06/050.00, "Individual Inmate Storage of Personal Property."

The following rules and standards shall be employed by all inmates when writing outgoing letters:

• Lead pencils shall be used
• There shall be no limitation placed on the number of personal letters allowed per day, except by order of the Custody Operations Chiefs
• Letters shall not contain:
  • Any form of contraband
  • Threats
  • Intimidation
  • Escape plans
  • Possible criminal information
  • Any violation of State or Federal law
  • Discussion of cases concerning other inmates
• Return address shall appear on the outside of the envelope and shall contain:
  • Name
  • Booking number
  • Station address
  • Any additional information deemed necessary by the facility

CORRESPONDENCE BETWEEN INMATES

Inmates may correspond via the USPS with other inmates in all custody facilities or with inmates in other institutions. 

CONFIDENTIAL/LEGAL CORRESPONDENCE OF INMATES

Confidential correspondence is defined as any inmate correspondence with any licensed physician or licensed psychiatrist, Correctional Health Services (CHS) personnel, outside victim advocate, rape crisis center counselors, or PREA Auditor. 

Legal correspondence is defined as any document addressed to or received from any attorney or court, including but not limited to; letters, pleadings, petitions, or writs asking for some type of relief (Stay of Execution, Notice of Appeal, Writ of Habeas Corpus, Petition for Court Order, etc.), correspondence with any member of the State Bar, or the ACLU.

There shall be no limit set for the number of pieces of legal correspondence sent by an inmate. Personnel shall not read legal correspondence which is addressed to or from an inmate.

An inmate may correspond confidentially with any of the following persons or entities:

• Any State or Federal Court
• Any member of the State Bar (this includes out-of-state attorneys, but not Bar Associations or legal societies)
• American Civil Liberties Union (ACLU)
• Any holder of public office, any sworn member of the Sheriff’s Department or the California Department of Corrections and Rehabilitation (CDCR)
• Board of State and Community Corrections (BSCC)

Inmates shall submit confidential/legal correspondence in unsealed, stamped and addressed envelopes. Personnel shall open and inspect legal mail to search for contraband in the presence of the inmate. Employees shall refrain from reading the document(s). Following the inspection, the inmate will be instructed to seal the envelope and give it to the jailer. The employee accepting the correspondence shall place his/her their initials and employee number on the flap of the envelope. Personnel may, without opening the envelope, make a final manipulative or fluoroscopic examination before forwarding the documents for delivery/mailing. After processing, all confidential/legal correspondence shall immediately be deposited with the U.S. Postal Service.

The inmate may be told that any reply will be mailed directly to him them by the courts. The jailer shall not give legal advice, information on processing, or receipts to inmates.

Upon request, a Petition or Writ Form (SH-J-7) shall be provided to an inmate.

PRE-ARRAIGNED INMATES

Pre-arraigned inmates are normally held at the station for only one or two days. It is impractical for them to receive mail and, for this reason, it is discouraged. They may still write and send mail if they desire.