Appendix: Federal Bureau of Prisons and State Corrections Department Policies on Prisoner Attorney-Client Legal Mail (Revised

June 24, 2018)

Federal or State Regulation

On-Line Source

Summary of Policy

United States: Federal Bureau of Prisons:28 C.F.R. § 540.18 – 19 (2009)

http://www.gpo.gov/fdsys/pkg/CFR-2009-title28-vol2/pdf/CFR-2009-title28-vol2-part540-subpartB.pdf

The Warden shall open incoming special mail only in the presence of the inmate for inspection for physical contraband and the qualification of any enclosures as special mail. The correspondence may not be read or copied if the sender is adequately identified on the envelope, and the front of the envelope is marked ‘‘Special Mail— Open only in the presence of the inmate.[O]utgoing special mail may be sealed by the inmate and is not subject to inspection.

Alabama:State of Alabama Department of Corrections Administrative Regulation 448 (2008)

http://www.doc.state.al.us/docs/AdminRegs/AR448.pdf

Incoming mail, including “Legal Mail”, shall be inspected for contraband and / or for abuse of the mail privilege. Outgoing mail shall be randomly inspected for contraband. “Legal Mail” must not be opened to inspect for contraband except in the presence of the inmate.

Alaska:State of Alaska Department of Corrections Policies and Procedures (2017)

http://www.correct.state.ak.us/pnp/pdf/810.03.pdf

Staff shall search incoming privileged mail for contraband in the presence of the prisoner. Staff may not read this mail, unless after opening it, staff discovers that it is not privileged.Staff may not read or search outgoing privileged mail for contraband.

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Arizona:Arizona Department of Corrections, Department Order Manual, Legal Access to the Courts 902.11

Revision not yet available on-line

Arkansas:

Administrative Regulations, State of Arkansas, Board of Corrections, Inmate Correspondence 860 (2010)

http://adc.arkansas.gov/images/uploads/AR860.pdf

Mail from the above will be opened only in the presence of the inmate concerned for inspect of contraband. Mail opened and inspected under these circumstances will not be read or censored, but may be rejected in its entirety if it is found to contain contraband. [No parallel provision for inspection of outgoing legal mail]

California:California Code of Regulations, Title 15 Crime Prevention and Corrections, Div. 3, Subchapter 2, Art. 4 §§ 3142-44 (2014)

https://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/Title15_2017.pdf

Confidential mail will be opened and inspected for contraband in the presence of the inmate addressee. Inspecting correctional officials will not read any of the contents of the confidential mail. Confidential mail may be further inspected, for cause only.[Outgoing mail:] In the presence of the inmate, the staff shall remove the contents of the envelope upside down to prevent reading of the contents. Staff shall remove the pages and shake them to ensure there is no prohibited material, consistent with these regulations. If no prohibited material is discovered, the contents shall be returned to the envelope and sealed.

Colorado: https://drive.google.co

Offenders are permitted to send sealed letters to . . . counsel . . . .

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Colorado Department of Corrections Administrative Regulation 300-38 (IV.B) (2015)

m/file/d/0B4vYiI52TzO6a0FWYjRuaFpfWTQ/view

DOC employees, contract workers, or volunteers, in the presence of the offender, may be allowed to inspect outgoing privileged mail for contraband before it is sealed. Mail to offenders from this specified class of persons and organizations may be opened only to inspect for contraband and only in the presence of the offender . . . .

Connecticut:State of Connecticut Department of Correction, Administrative Directive 10.7, at 4.J (2012)

http://www.ct.gov/doc/LIB/doc/PDF/AD/ad1007.pdf

All incoming privileged correspondence shall be opened and inspected, but not read, only in the presence of the inmate addressee. Outgoing privileged correspondence shall not be opened, nor read.

Delaware:

Department of Corrections Policy Manual, Chapter 4, Section 4.0, IV.D.2 (2015)

http://www.doc.delaware.gov/assets/documents/policies/policy_4-0.pdf

Incoming legal/privileged mail . . . may be required to successfully pass a fluoroscope examination for contraband but shall not be opened or scanned except in the presence of the addressee offender, unless waived in writing, for the sole purpose of ascertaining that its contents are free of contraband.Outgoing legal/privileged mail . . . shall not be opened for inspection or any other purpose or otherwise impeded in its transmission if it . . . [i]s addressed to a person eligible to receive legal/privileged mail [and] [s]uccessfully passes a fluoroscope examination for contribution.

District of Columbia:D.C. Revitalization Act, Pub. L. 105-33, 111

Federal Bureau of Prisons administers the imprisonment of felony offenders convicted under the D.C. criminal code.

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Stat. 740 (1997)Florida:Florida Administrative Code § 33-210.102 (2012)

https://www.flrules.org/gateway/RuleNo.asp?ID=33-210.102

All incoming legal mail will be opened in the presence of the inmate to determine that the correspondence is legal mail and that it contains no unauthorized items. Only the signature and letterhead may be read.Inmates shall present all outgoing legal mail unsealed to the mail collection representative to determine, in the presence of the inmate, that the correspondence is legal mail, bears that inmate’s return address and signature, and that it contains no unauthorized items,” but “[o]nly the address may be read to determine whether it is properly addressed to a person or entity” identified for receiving legal mail.

Georgia:Georgia Department of Corrections Standard Operating Procedures IIB04-0001, at VI.E (2009)

https://www.law.umich.edu/special/policyclearinghouse/Documents/Georgia%20DOC%20Mail%20Policy%20(IIB0401.SOP).pdf

Mail to and from privileged sources may be externally inspected by fluoroscope, metal detecting device, or manual inspection for the purpose of detecting contraband. Following any external inspection, an appropriately designated staff member may open and inspect (but not read) all privileged mail in the presence of the inmate/probationer to whom it is addressed or from whom it originates.

Hawaii:Department of Public Safety Corrections Administration Policy and Procedures, Correspondence, COR.15.02, at

http://dps.hawaii.gov/wp-content/uploads/2012/10/COR.15.02.pdf

Privileged mail shall be subject only to inspection for contraband in the presence of the inmate.

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4.0.5 (2011)

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Idaho:Idaho Department of Corrections, Standard Operating Procedure 402.02.01.001, at 9 (2018)

http://www.idoc.idaho.gov/content/policy/588

Incoming confidential mail must be delivered to the unit sealed. A unit staff member will open and inspect the envelope in the presence of the inmate but will not read it. However, incoming confidential mail may be scanned to ensure that it does not violate the provision of this SOP. While this mail [outgoing legal mail] is treated as confidential, it is monitored for contraband and other items that might threaten the safety of the recipient.

Illinois:20 Ill. Adm. Code 525.130 Mail Procedures (2003)

http://www.ilga.gov/commission/jcar/admincode/020/020005250B01300R.html

Incoming privileged mail may be opened in the presence of the offender to whom it is addressed to inspect for contraband, to verify the identity of the sender, and to determine that nothing other than legal or official matter is enclosed.c) Outgoing privileged mail must be clearly marked as "privileged" and sealed by the offender.  Outgoing mail which is clearly marked as privileged and addressed to a privileged party may not be opened for inspection except as provided in subsection (d) of this Section. d) In adult facilities, outgoing privileged mail shall be examined for dangerous contraband, using an x-ray, fluoroscope, or other similar device. Such examination may be conducted in juvenile facilities.  Outgoing privileged mail may be inspected for dangerous contraband by other means which do not damage the mail and which do not permit the mail to be read.  Except in an emergency, outgoing privileged mail shall not be opened, unless there is reasonable suspicion that dangerous contraband is contained therein, legal services is consulted, and the mail is opened in the offender's

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presence.

Indiana:Indiana Department of Corrections Policy and Administrative Procedures, Offender Correspondence, 02-01-103 (2009)

http://www.in.gov/idoc/files/02-01-103_AP_Offender_Correspondence_9-1-09.pdf

Incoming legal mail, which is identified as such, shall only be opened and inspected in the presence of the offender. Each facility shall develop operational procedures to ensure that incoming legal mail is received and forwarded to designated staff who will open the incoming legal mail and inspect it for contraband and/or prohibited property in the presence of the offender.All outgoing privileged correspondence shall be inspected for contraband and/or prohibited property prior to being sealed. . . . Outgoing privileged correspondence shall not otherwise be opened, read, censored, copied or otherwise interfered with.

Iowa:

Iowa Admin. Code 201-20.4 (2010)

https://www.legis.iowa.gov/docs/iac/chapter/08-05-2015.201.20.pdf

Confidential mail will be delivered unopened and then, in the presence of the offender, will be opened and inspected for contraband and to ensure that the contents are from the return addressee. Confidential mail may be read only after a finding of probable cause by a court of competent jurisdiction that a threat to the order and security of the institution or abuse of correspondence exists.When sending confidential mail, offenders may be requested to seal the envelope in the presenceof staff after the envelope and letters have been inspected for contraband.

Kansas:Art. 12, K.A.R.

http://www.sos.ks.gov/pubs/kar/

Incoming mail clearly identified as legal, official, or privileged mail shall be opened only in the

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44-12-601, Mail (2012)

2017/044_44_Department_of_Corrections_2017_KAR_Supp.pdf

inmate’s presence. This mail shall be inspected for contraband but shall not be read or censored, unless authorized by the warden based upon a documented previous abuse of the right or other good cause. [O]utgoing privileged, official, or legal mail sent by any inmate shall be opened and read only upon authorization of the warden for good cause show,” unless postage is provided on credit which triggers “a cursory reading in the presence of the inmate for the purpose of ascertaining that the mail is indeed legal or official mail.

Kentucky:Kentucky Corrections Policies and Procedures 16.2, at C(3), Inmate Correspondence (2014)

http://corrections.ky.gov/communityinfo/Policies%20and%20Procedures/Documents/CH16/16-2%20Inmate%20Correspondence.pdf

Incoming privileged mail shall be opened in the presence of the inmate and inspected for contraband.Incoming privileged mail shall not be read if the sender is adequately identified on the envelope and the purpose of the mail is not an issue in determining whether it should be considered privileged mail. In the absence of adequate identification or a question about the purpose, staff may open and inspect the mail to ascertain whether it is, in fact, privileged mail. If an inmate has placed adequate postage on the item, outgoing privileged mail shall be sealed by the inmate and not inspected by staff so long as the inmate has clearly indicated an addressee that meets the definition of privileged mail.

Louisiana:La. Admin Code. tit. 22, pt. I, § 313 (2013)

http://www.doa.la.gov/osr/LAC/22V01/22v01-15.doc

All incoming privileged correspondence shall be opened in the presence of the offender to whom it is addressed and inspected for the presence of cash, checks,

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money orders and contraband and to verify as unobtrusively as possible, that the correspondence does not contain material that is not entitled to the privilege.[O]utgoing privileged correspondence may be posted sealed, and will not be opened and inspected without express authorization from the warden or deputy warden.

Maine:State of Maine Department of Corrections Chapter 21: Prisoner Communication, 21.2, at VI(D) (2016)

http://www.maine.gov/tools/whatsnew/attach.php?id=663161&an=1

Incoming privileged mail shall be handled in the same manner as incoming general mail, except that it may not be opened without the prisoner being present. Incoming privileged correspondence may only be read by the Chief Administrative Officer, or designee, or other action may be taken with respect to incoming privileged correspondence, only if, after consultation with the Department’s legal representative, it is determined that there is probable cause to believe that the correspondence is being used to plan or conduct criminal activity, e.g., contains threats, obscene language or pictures, or escape or assault plans. All reading of privileged correspondence shall occur in the prisoner’s presence. Outgoing privileged mail may be opened and inspected when the Chief Administrative Officer, or designee, has a reasonable suspicion that the mail contains contraband or is otherwise in violation of this policy and procedures but only in the presence of the prisoner.

Maryland:Maryland

http://www.dpscs.state.md.us/

Legal mail may be opened and inspected only in front of the

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Division of Correction Inmate Handbook, Part IV.K (2007)

publicinfo/publications/pdfs/2007_Inmate_Handbook.pdf

inmate to whom it is addressed.Outgoing mail may be sealed with the inmate’s name, identification number, and name and return address of the institution on the envelope.

Massachusetts:Massachusetts Department of Correction 103 CMR 481.12 (2002)

http://www.mass.gov/eopss/docs/doc/policies/481.pdf

Incoming privileged mail may be required to successfully pass a fluoroscope examination for contraband material but shall not be opened by a DOC employee except in the presence of the addressee inmate and for the sole purpose of ascertaining that its contents are free of contraband.Outgoing privileged mail shall not be opened for inspection or any other purpose, [if it]successfully passes a fluoroscope examination for contraband material.

Michigan:Michigan Department of Corrections Policy Directive, Prisoner Mail, 05.03.118 (2018)

https://www.michigan.gov/documents/corrections/05_03_118_622449_7.pdf

Incoming mail receiving special handling shall be opened and inspected for money, controlled substances, and other physical contraband in the prisoner’s presence. The content of the mail shall not be read or skimmed.[M]ail that is clearly identified as being sent to the business address of one of the following [including a licensed attorney] may be sealed by the prisoner and shall not be opened or otherwise inspected by staff prior to mailing . . . .

Minnesota:Minnesota Department of Corrections Policies, Directives and Instructions

http://www.doc.state.mn.us/DocPolicy2/html/DPW_Display_TOC.asp?Opt=302.020.htm

When delivering sealed special/legal mail to an offender, staff must (in the offender's presence a) Open the envelope, remove the contents, search the contents for physical contraband, and skim the contents to ensure that it is legal/official in nature; and b) If the item passes inspection,

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Manual 302.020 (2018)

staff must deliver the envelope and contents to the offender.Outgoing mail, except special/legal mail, must be submitted unsealed.Outgoing special/legal mail is read only at the written request of the addressed recipient.

Mississippi Department of Corrections, Inmate Mail

http://www.mdoc.ms.gov/Inmate-Info/Pages/Inmate-Mail.aspx

Outgoing legal or official mail will be sealed by the offender and will not be opened unless a determination from visual/electronic inspection reveals the envelope may contain contraband.

Missouri:Offender Mail Procedures (2013)

https://www.law.umich.edu/special/policyclearinghouse/Documents/MO%20-%20Missouri%20Mail%20Procedure%20(from%20State).pdf

For security reasons, all incoming privileged mail from outside sources shall be opened and inspected in the presence of the offender as outlined in SOP. a. If during the inspection there is probable cause to believe the mail should be read, the staff person will place the mail contents back in the envelope, secure the envelope, and submit a request to the CAO. b. The CAO will make a determination within 5 working days. If the CAO determines probable cause exists, they will provide a written directive to the designated staff person to read the privileged mail in the presence of the offender.Outgoing privileged mail may be read or inspected if the CAO determines probable cause exists to indicate a need to do so.

Montana:Department of Corrections Montana State Prison Operational Procedure

https://cor.mt.gov/Portals/104/Resources/Policy/Chapter3/3-3-6.pdf

Staff may not read the content of incoming or outgoing privileged correspondence.The following standards apply to privileged correspondence: a. if outgoing, the offender must indicate on the envelope the name and official status of the addressee

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No.: MSP 3.3.6, at III.C (2013)

and the correspondence must be inspected by staff for contraband in the presence of the offender prior to the offender sealing the envelope; and b. if incoming, the sender must indicate on the envelope his or her name and official status and the correspondence will be opened by staff to inspect for contraband in the presence of the offender, unless waived by the offender in writing, or in circumstances which may indicate contamination as approved by the administrator, or designee.

Nebraska:

Department of Correctional Services, State of Nebraska, Administrative Regulation 205.01, at I.E, Inmate Mail (2015)

https://corrections.nebraska.gov/system/files/rules_reg_files/ar_205.01_2017.pdf

Inmates may send and receive sealed letters to and from the following entities: . . . c. Licensed attorneys . . .Mail from these individuals will be treated as confidential and opened and inspected only in the presence of the inmate, unless waived in writing.Inmates in Restrictive Housing (does not include Protective Custody) will observe the following procedures when sending privileged mail: a. Prior to sealing the envelope, the inmate will show the contents to a staff member through the cell door window. b. Staff are only inspecting for contraband, they will not read the letter/contents. c. The inmate will pass the envelope to staff after sealing it.

Nevada:Nevada Department of Corrections Administrative Regulation

http://doc.nv.gov/uploadedFiles/docnvgov/content/About/Administrative_Regulations/AR%20722%20Inmate%20Legal

All legal mail is privileged correspondence.Indigent or indigent-at-the-moment legal mail may be scanned. but not read. prior to sealing the envelope.Incoming legal/privileged mail will be opened, scanned and inspected for contraband in the presence of

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722.08 to .10, Inmate Legal Access (2016)

%20Access%20Final%2011-15-16.pdf

the inmate recipient, unless the inmates waives this process in writing.Incoming or Outgoing legal or privileged mail may be censored if there is reasonable suspicion that it contains evidence of impending criminal activity or activity that is a threat to the safety or security of the institution , or containts contraband.

New Hampshire:NH Department of Corrections Policy and Procedure Directive: Inmate Mail Service, Statement Number 5.26, at IV.G (2017)

https://www.nh.gov/nhdoc/policies/documents/5-26.pdf

Correspondence between an inmate and their attorney(s) will not ordinarily be inspected. However, it shall be opened in the presence of the inmate when considered necessary to insure the authenticity of the correspondent and to check for contraband.

New Jersey:

New Jersey Admin. Code, Title 10a. Corrections, Chapter 18. Mail, Visits, and Telephone, Subchapter 3. Legal Correspondence (2016)

http://www.state.nj.us/corrections/pages/njadmin10a.html

[While incoming legal mail] “is opened in the presence of the inmate to ensure that contraband is not being introduced into the correctional facility,” [no parallel inspection is provided for outgoing legal mail.]

New Mexico:New Mexico Corrections Department, Correspondence Regulations

http://www.corrections.state.nm.us/policies/docs/CD-151200.pdf

Legal mail and privileged correspondence will not be routinely opened for inspection.[Outgoing l]etters in this category should be sealed by the inmate and dropped in the special box provided

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CD-151200-151201 (2016)

for such letters.[Letters] may be opened, inspected, and read to the limited extent necessary to determine its legitimacy . . . by the Warden or his designee [in unspecified circumstances].

New York:State of New York Department of Corrections and Community Supervision, Privileged Correspondence No. 4421, at III (2016)

http://www.doccs.ny.gov/Directives/4421.pdf

Outgoing privileged correspondence may be sealed by an inmate, and such correspondence shall not be opened, inspected, or read without express written authorization by the facility Superintendent as specified in Section III-C.Incoming privileged correspondence shall not be opened outside the presence of the inmate to whom it is addressed, and shall not be read without express written authorization from the facility Superintendent (see Section III-C below). The Superintendent shall not authorize the reading of incoming or outgoing privileged correspondence, unless there is a reason to believe that the provisions of this or any directive or rule or regulation have been violated, that any applicable State or Federal law has been violated, or that the content of such correspondence threatens the safety, security, or good order of a facility or the safety or well-being of any person. Such authorization by the Superintendent shall be in writing and shall set forth facts forming the basis for the action.

North Carolina:State of North Carolina Department of Public

http://www.doc.state.nc.us/dop/policy_procedure_manual/d0300.pdf

Legal mail addressed to an inmate may be opened by correctional staff in the presence of the inmate unless waived in writing by the inmate, or in circumstances which may indicate contamination. Correctional staff will ensure that the contents of letters from these

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Safety Division of Prisons, Policy & Procedures, Chapter D, Section 0.310(b) (2012)

persons are free of contraband and are, in fact, official or legal correspondence from the person whose name and return address appears on the outside of the envelope or package. The correspondence shall not be read beyond what is necessary to make this determination.Legal Mail from inmates may be inspected by correctional staff for contraband in the presence of the inmate prior to being sealed. If there is any question as to whether an addressee fits the definition of legal mail, the letter/package may be held for not more than 24 hours to resolve the question.

North Dakota:Inmate Handbook pp. 35 (2013)

https://www.law.umich.edu/special/policyclearinghouse/Documents/North%20Dakota%20-%20Inmate%20Handbook.pdf

Incoming legal or official mail will be opened in your presence and visually inspected for contraband. Outgoing legal or official mail may be visually inspected for contraband.

Ohio:Ohio Department of Rehabilitation and Correction, Administrative Rules 5120- 9-17 to -18 (2014)

http://codes.ohio.gov/oac/5120-9-18v1

"Legal mail" is mail addressed to an inmate clearly bearing the return address of an attorney-at-law, a public service law office, a law school legal clinic, court of law, or the correctional institution inspection committee. It may be opened and inspected for contraband only in the presence of the inmate-addressee.Outgoing legal inmate mail may only be opened if there is a reasonable belief that the mail contains contraband.

Oklahoma:Oklahoma Department

http://doc.ok.gov/Websites/doc/

[Outgoing legal] mail may be searched upon reasonable suspicion that unauthorized

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of Corrections, Section-03 Facility Operations: Correspondence, Publications, and Audio/Video Media Guidelines, OP-030117, at IV (2016)

images/Documents/Policy/op030117.pdf

activities or material has been placed in the outgoing legal mail and the search is authorized by the facility head.All incoming legal mail will be opened in the presence of the inmate addressee and checked for contraband only. a. “Opened” means removing the material from the envelope to check for contraband. b. “Checking for contraband” also means a cursory review of the material by leafing through the material to ensure it is in fact legal material and nothing is concealed between the pages.

Oregon:Department of Corrections, Division 131 Mail (Inmate), 291-131-0030 (2016)

http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_131.html

Legal and official mail sent from or received in a Department of Corrections facility in sealed envelopes or parcels shall be opened and examined for contraband in the presence of the inmate, but shall not be read or photocopied, except as authorized in subsection (3) of this rule.Legal and official mail may be inspected (i.e., opened, examined, read or photocopied) outside of the inmate's presence only when directed by the Department of Corrections facility functional unit manager or designee, and approved by the Assistant Director of Operations or the Inspector General, based on specific circumstances or specific information indicating that an inmate or other person has or may be in the process of violating provisions of law, department administrative rules, or may otherwise be engaged in activity that threatens or impairs the security, good order, or discipline of the facility and officials, staff, or inmates.

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Pennsylvania:Department of Corrections Policy Statement, Inmate Mail and Incoming Publications, DC-ADM 803 2-B, D (2015)

http://www.cor.pa.gov/About%20Us/Documents/DOC%20Policies/803%20Inmate%20Mail%20and%20Incoming%20Publications.pdf

1. Incoming privileged correspondence will be opened and inspected for contraband in the presence of the inmate to whom it is addressed.2. If upon opening the envelope in the presence of the inmate, the staff member, without reading the contents, notices that the envelope contains absolutely no legal material (e.g., contains only a publication readily available to the public with no notations from counsel), the staff member shall not issue the contents to the inmate and shall complete a DC-121, Part 3, Employee Report of Incident, in accordance with Department policy 6.3.1, “Facility Security.”3. Incoming privileged correspondence may be read upon the written approval of the Secretary/designee when there is reason to believe that there is a threat to facility security or criminal activity.Outgoing privileged correspondence will not be opened, read, censored, or reproduced outside the presence of the inmate, except. . .The Secretary/designee may grant permission to open, read, censor, and/or reproduce outgoing privileged correspondence outside of the inmate’s presence only when there is reason to believe there is a threat to facility security or criminal activity including, but not limited to, the following: (1) any information relating to a possible escape; (2) the introduction of weapons, drugs, money, or other contraband that presents a clear threat to the security of the facility; (3) any information relating to a possible prison disturbance or other

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activity that presents a clear threat to the security of the facility; and (4) any information relating to other criminal activity; specifics of the suspected activity must be provided.

Rhode Island:Rhode Island Department of Corrections, 24.01-6 DOC, Inmate Mail, Part B (2012)

http://www.doc.ri.gov/documents/administration/policy/24.01-6%20DOC.pdf

Privileged mail, whether it is incoming or outgoing, cannot be read by RIDOC staff.Incoming privileged mail may be opened and inspected in the presence of the inmate address. RIDOC staff is prohibited from reading privileged incoming mail.Outgoing privileged mail may only be inspected if a reasonable belief exists that the security of the institution is at risk. In such cases, it may be inspected for contraband only in the presence of the inmate. RIDOC staff is prohibited from reading outgoing privileged mail.

South Carolina:South Carolina Department of Corrections, “Sending Mail to an Inmate” (2015)

http://www.doc.sc.gov/family/sendingmail.html

Legal mail is opened and inspected in the presence of the inmate. Mail is not read unless there is reason to believe illegal activity or activity in violations of Agency rules and regulations is present.

South Dakota:

Corrections Policy, 1.5.D.3, at IV.3, 6 (2015)

https://doc.sd.gov/documents/about/policies/Inmate%20Correspondence.pdf

Privileged/legal correspondence sent to an adult inmate will be inspected by unit staff in the presence of the inmate. Staff will determine the genuineness of the addressor . . . Staff will not read the content of privileged/legal correspondence but will inspect the correspondence page-by-page, in the presence of the inmate, to prevent the introduction of contraband and to confirm the contents were sent by addressor.

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Outgoing privileged/legal correspondence from adult offenders will be inspected. Staff will not read the privileged/legal correspondence but may inspect the contents page-by-page in the offender’s presence to prevent the movement of contraband.

Tennessee:Administrative Policies and Procedures, Inmate Mail, Index No. 507.02, at VI.C, K (2017)

https://www.tn.gov/content/dam/tn/correction/documents/507-02.pdf

Incoming privileged mail shall be opened only by a staff member in the presence of the inmate addressee in order to examine the contents for contraband, and then documented. . . . The staff members shall not read the privileged mail or listen to legal tapes unless the Warden/Superintendent has, on the basis of reasonable suspicion, determined that privileged mail or tapes may contain information relating to criminal activity.

Outgoing mail, excluding privileged mail, shall be opened for examination upon an order of the Warden when reasonable suspicion exists that the security, order, or programs of the institution are threatened or that it contains information relating to criminal activity.Privileged mail may only be opened and/or read with the written permission of the Deputy Commissioner of Operations.

Texas:Texas Department of Criminal Justice, Uniform Offender Correspondence Rules, BP-03.91, at III (2013)

https://www.tdcj.state.tx.us/documents/policy/BP0391.pdf

All incoming correspondence from any legal correspondent shall be opened and inspected for contraband only. The inspection shall be in the offender’s presence. No correspondence to an offender from any legal correspondent shall be read. In order to facilitate the attorney-client privilege, an offender may send sealed and uninspected letters directly to legal

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correspondents. No correspondence from an offender to any legal correspondent shall be opened or read.

Utah:Utah Administrative Code, Corrections, Administration. Rule R251-705-3(17)(a), Inmate Mail Procedures (2018)

https://rules.utah.gov/publicat/code/r251/r251-705.htm

[C]ertain types of mail are entitled to constitutionally protected confidentiality (or privilege); accordingly, this privilege prohibits qualifying correspondence material from being read without cause by staff.incoming privileged mail: shall be inspected, but only in the presence of the inmate addressee; [and] shall not be perused;[O]utgoing privileged mail: shall be inspected only when there is reasonable cause to believe that the correspondence: contains material which would significantly endanger the security or safety of the Institution; or is misrepresented as legal material.

Vermont:State of Vermont, Agency of Human Services, Department of Corrections #409.05, § 4 (2010)

http://www.doc.state.vt.us/about/policies/rpd/correctional-services-301-550/401-500-programs-security-and-supervision/409-05-inmate-mail-publications-and-audio-video-regulations

Incoming privileged correspondence will be handled in the same manner as incoming general mail, and will not be opened outside the presence of the inmate to whom it is addressed. When in the course of inspection, material is found that does not appear to be privileged, all of the contents will be forwarded directly to the Shift Supervisor without further inspection. Outgoing privileged correspondence may be opened and inspected in the presence of the inmate when the Superintendent or designee has reasonable suspicion that the mail contains contraband or is otherwise in violation of this directive.

Virginia:Virginia Department

http://vadoc.virginia.gov/about/

All incoming legal correspondence shall be opened and searched for contraband only in the presence of

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of Corrections Operating Procedure 803.1, at IV.C.1.d.iii (2017)

procedures/documents/800/803-1.pdf

the offender to whom it is addressed. Offender legal mail shall not be read for content without first obtaining instructions from the appropriate Regional Administrator and the Attorney General’s office. Reading of most types of legal mail require Court approval based upon specified probable cause to believe that a state or federal criminal statute is being violated, or that there exists a valid threat to the security of the facility. Staff, in the presence of the offender, may be allowed to inspect outgoing legal and special purpose correspondence for contraband before it is sealed.

Washington:State of Washington Department of Corrections Policy Doc. 450.100, at VII (2017)

http://www.doc.wa.gov/policies/showFile.aspx?name=450100

Incoming legal mail will be opened in the offender’s presence by designated employees. Contents that do not meet the legal mail requirements per this policy and/or contain contraband or any material that would threaten facility order/security will be rejected.Outgoing legal mail will be handled as follows: (a) The offender will present the documents and envelope to the designated employee, who will confirm that the documents are legal mail and there is no contraband.

West Virginia:W. Va. Code St. R. § 95-1-17.8

http://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=11528&Format=WORD

Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity.Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include . . . counsel . . . . Mail

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to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.

Wisconsin:Wis. Adm. Code DOC 309.04(3) (2015)

http://docs.legis.wisconsin.gov/code/admin_code/doc/309/04

Institution staff may not open or read for inspection mail sent by an inmate to any of the parties listed [including an attorney], unless the security director has reason to believe that the mail contains contraband. Institution staff may open mail received by an inmate from any of these parties in the presence of the inmate. Staff may inspect the document but only to the extent necessary to determine if the mail contains contraband, or if the purpose is misrepresented. Staff may read the mail if staff has reason to believe it is other than a legal document.

Wyoming:Wyoming Department of Corrections Policy and Procedure # 5.401, at IV.B (2017)

https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxkb2N8Z3g6M2JlZDBiMzhkYjc0NzI1ZA

Incoming legal mail and official mail shall not be examined, scan searched, read, or photocopied by staff, unless authorized in advance in writing by the warden . . . Such authorization shall be based upon documentation showing there is a reasonable suspicion that the content is not in fact privileged matter or otherwise violates . . . this policy.Staff, in the presence of the inmate, may be allowed to inspect outgoing privileged mail for contraband before it is sealed.

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