7 AAC 52.255. Mail

(a) A resident may mail an unrestricted number of pieces of mail and may correspond with anyone. The superintendent shall establish procedures by which residents, with no available money, will be able to mail letters to their families and letters relating to legal matters.

(b) All outgoing mail from residents must be sealed by the resident before being given to a staff member for posting. In cases where it is suspected that contraband may be leaving the institution, it may be required that the resident seal the mail in the presence of a staff member after showing the contents of the envelope but not the written content of the correspondence; however, outgoing mail to the individuals and organizations listed in (e) of this section may not be searched for contraband.

(c) Incoming mail must be given to the resident sealed or it may be opened by a staff member in the presence of the resident to whom the correspondence is addressed. At that time, money and any items considered contraband must be removed and a receipt given for it, but the contents of the correspondence may not be reviewed.

(d) Except as provided in (e) of this section, in those cases where the superintendent has reasonable grounds to believe that the correspondence will result in a clear and present danger to the security of the facility or to the welfare of the resident, the superintendent alone may direct that the individual's mail be censored for content. In such cases, the superintendent shall prepare a brief memorandum stating the justification for this action which shall then be placed in the individual's file and a copy sent to the director.

(e) All letters from residents addressed to the following persons must be received by staff from the residents both sealed and uncensored, and must be posted by United States mail; mail received from the following persons must be given to the residents sealed and uncensored:

(1) governor;

(2) Alaska members of the United States Congress;

(3) attorney general or an assistant attorney general in the Department of Law;

(4) any Alaska or United States court or judge;

(5) commissioner of the Department of Health and Social Services;

(6) director of the division of juvenile justice;

(7) correctional facilities administrator;

(8) Alaska legislators;

(9) ombudsman for the State of Alaska;

(10) Alaska's State Commission for Human Rights;

(11) any attorney authorized to practice in Alaska; and

(12) physician or health care practitioner authorized to practice in this state, who is specified on the resident's record.

History: Eff. 7/3/80, Register 74; am 1/14/2000, Register 153

Authority: AS 47.05.010

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