Title 22 . Department of Corrections

Chapter 5 . Sex Offender Treatment Providers

Section 520. Mail

22 AAC 05.520. Mail

(a) A prisoner may mail an unrestricted number of pieces of mail and, except as limited in this section, may correspond with anyone. However, limits may be placed on the amount of incoming and outgoing mail sent or received by a prisoner conducting apparent business activities. Mail between prisoners may not be restricted unless an individual's safety or the security of the facility requires limitation. The commissioner will establish procedures under which a prisoner without money in the prisoner's account, will be able to mail, at the facility's expense, letters relating to legal matters.

(b) Incoming mail to a prisoner that is clearly marked as coming from an individual or organization listed in this subsection is privileged and may only be opened in the presence of the prisoner, and only to search for contraband. If there is substantial doubt as to whether or not mail is in fact privileged, such as mail received from an unknown but official-sounding organization, the mail may only be opened in the presence of the prisoner and only to search for contraband, unless at that time it is determined not to be privileged mail. Outgoing privileged mail may not be searched for contraband nor read for content, but is subject to verification in the prisoner's presence that the ultimate intended recipient is the privileged addressee. Mail to or from the following persons or organizations is privileged:

(1) governor of Alaska;

(2) attorney general of Alaska;

(3) members of the United States Congress for Alaska;

(4) Alaska legislators;

(5) any court in Alaska or of the United States;

(6) commissioner, Alaska Department of Corrections;

(7) chairman, Alaska Board of Parole;

(8) ombudsman for the State of Alaska;

(9) any attorney licensed to practice in the United States;

(10) physician of record for the prisoner;

(11) division of occupational licensing;

(12) Alaska Human Rights Commission; and

(13) any organization that assists persons in the exercise of their legal rights, such as the American Civil Liberties Union, National Prison Law Project, or Alaska Legal Services Corporation.

(c) Mail that is not privileged may be opened out of the presence of the prisoner to search for contraband and, upon reasonable grounds to believe that the content falls into any of the categories listed in (1) of this subsection, may be read for content. If mail is read for content, a written record must be made stating the specific reasons the mail was read, and the prisoner must be provided a copy of the record. If such monitoring is undertaken, the procedures set out in (2) of this subsection must be observed. The categories and procedures are as follows:

(1) Mail may be prohibited from being received or sent only if the content falls into any of the following categories:

(A) the mail contains plans or threats of physical harm against a person or other criminal activity;

(B) the mail contains plans for sending contraband into or out of the facility or other activities prohibited under 22 AAC 05.400;

(C) the mail is in code and its contents are not understood by the reader;

(D) the mail solicits gifts, money or credit or contractual purchases without the consent of the superintendent;

(E) the mail contains information that, if communicated, would create a risk of mental or physical harm to a person; or

(F) the mail contains materials prohibited under 22 AAC 05.510(b) .

(2) For non-delivery of mail to or from a prisoner,

(A) within two working days after receipt by the facility, the prisoner and the sender, other than the publisher of printed material, must be sent a written notice, signed by the superintendent, stating the authorized reasons why the mail was not delivered; and

(B) the prisoner may file a grievance under 22 AAC 05.185.

(d) A reproduction of material from outgoing mail that falls into any of the categories listed in (c)(1) of this section may be placed in a prisoner's case record and may subject the prisoner to disciplinary proceedings. Other material that does not fall into a category described in (c)(1) of this section may not be placed in a prisoner's case record unless it has been lawfully observed by an employee of the department and is relevant to an assessment of the prisoner's facility adjustment or rehabilitative progress. A prisoner must be notified within two working days after the placement of any reproduction of material from outgoing mail into his or her case record.

History: Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030