OAR 291-131-0037: Disposition of Prohibited Mail

(1) Mail, if not confiscated, will be returned to the U.S. Postal Service or other authorized mail service provider for not meeting requirements provided in these rules. (2) Contraband: (a) Illegal contraband or evidence of a crime shall be confiscated and turned over to the Oregon State Police. No notice of confiscation shall be given. (b) Non-AIC Sender: (A) Contraband (including unauthorized attachments or enclosures) that is not illegal or evidence of a crime shall be returned to the non-AIC sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice . (B) Unauthorized items with minimal monetary value ( for example, paper clips, rubber bands, uncancelled stamps, bookmarks, envelopes, blank paper, blank cards, blank postcards, etc.) may be removed and destroyed and the remaining mail sent to the adult in custody if the remaining contents are otherwise in compliance with department rules. No notice shall be provided to the sender or adult in custody recipient for the removal and destruction of minimally valued items. (c) Adult in Custody Sender: Any enclosures ( that is, photographs, hand-made drawings in excess of that allowed) that are not illegal or evidence of a crime, or that are otherwise not prohibited in outgoing mail under these rules shall be returned to the adult in custody sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice . Any item that poses a threat or is a detriment to the security, good order, or discipline of the facility, or that would encourage or instruct in criminal activity, may be confiscated and retained pending an investigation. If appropriate, the adult in custody may be issued a misconduct report, in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (3) Money: (a) Cash contained in mail shall be confiscated and deposited to the Adult in Custody Welfare Fund. Notice of the confiscation shall be provided to the sender on a mail confiscation notice . A copy of the mail confiscation notice shall also be provided to the intended adult in custody recipient. (A) If the cash was concealed in the mail, a written entry shall be made on a mail confiscation notice to document the method of concealment. If, after an administrative review of the confiscation, it is determined that the sender did not conceal the cash, the money shall be returned to the sender. (B) Correspondence received in an envelope from which cash has been confiscated shall be delivered to the intended adult in custody recipient if the correspondence is otherwise in compliance with department rules. (b) Monies other than cash ( for example, money orders, warrants, personal checks, prepaid cards, and certified checks) contained in mail shall be returned to the sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice . A copy of the mail violation notice or publication violation notice shall be provided to the intended adult in custody recipient. The appropriate Assistant Director or Central Office Administrator may waive this requirement and provide further instructions during the annual holiday buying period. (A) Prior to returning the mail to the sender, the offending money item shall be photocopied together with the addressee side of the envelope or package. (B) The photocopy shall be retained by the facility according to the applicable record retention schedule . (4) Mail with unauthorized or insufficient postage shall be refused and returned to the U.S. Postal Service. Notice of the reason for the mail rejection shall be provided on a form label or stamp affixed to the outside of the envelope or package. (5) Unauthorized Attachments, Enclosures, or Envelopes: (a) Mail received that is in violation of 291-131-0025(4), or mail that is determined without opening to contain unauthorized attachments or enclosures, shall remain unopened, be refused, and returned to the U.S. Postal Service or other authorized mail service provider . Notice to the sender of the reasons for the mail refusal shall be provided on a form label or stamp affixed to the outside of the envelope or package. (b) Mail received with unauthorized attachments affixed to the inside of an envelope or package or affixed to the contents of an envelope or package, or mail received with unauthorized enclosures, except for that with minimal monetary value as described in section (2)(b) above, shall be rejected and returned to the sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice. (6) Correspondence and Publications: When, after opening, mail is rejected for violation of these or other department rules the following procedures shall be followed: (a) Rejected Mail: (A) Non-AIC sender: The sender and intended adult in custody recipient shall be notified of the rejection of mail, including the reasons, on a mail violation notice or publication violation notice for correspondence or for a publication. If the rejection is based upon written or pictorial content, the notice shall advise that an independent review of the rejection may be obtained by writing to the functional unit manager within 30 days of the date of the notice. Mail rejected based on written or pictorial content shall be returned intact to the sender. The rejected portion of the mail shall be photocopied and retained pending any administrative review. If no administrative review is requested, the photocopy shall be maintained according to the applicable record retention schedule . (B) Adult in Custody Sender: The adult in custody sender shall receive the same standards as the non-AIC sender. However, the intended recipient shall not be notified of the rejection for any mail sent by an adult in custody in a Department of Corrections facility and shall not be eligible for an administrative review. (b) No administrative review shall be available if the rejection is based on the presence of an unauthorized attachment, substance, or enclosure on or with the mail, or if the rejection is based on any violation not related to the written or pictorial content. (c) Confiscated Mail: (A) Non-AIC Sender: If the mail is confiscated, notice shall be made to the sender and intended adult in custody recipient on a mail confiscation notice, unless it includes plans for a discussion or commission of a crime or evidence of a crime. In such cases, no notice shall be given, and the mail shall be turned over to the Special Investigations Unit of the department or the Oregon State Police. Confiscated mail not involving evidence of a crime shall be retained intact pending any administrative review. If no administrative review is requested, the mail shall be maintained according to the applicable record retention schedule . (B) Adult in Custody Sender: If the mail is confiscated, no notice shall be given to the sender or the intended adult in custody recipient. Mail that includes plans for a discussion or commission of a crime or evidence of a crime shall be turned over to the Special Investigations Unit of the department or the Oregon State Police. Confiscated mail that poses a threat or detriment to the security, good order, or discipline of the facility, or would encourage or instruct in criminal activity shall be retained intact pending an investigation. The adult in custody may be issued a misconduct report in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Otherwise, after the investigation is completed, the adult in custody will be notified of the confiscation. If no administrative review is requested, the mail shall be maintained according to the applicable record retention schedule . (7) Packages: When a package is rejected, the following procedures shall be followed: (a) Packages received without prior authorization of the functional unit manager or designee, or which have unauthorized attachments affixed to the outside of the package, shall be refused and returned to the U.S. Postal Service or other authorized mail service provider. (b) Prior authorized packages which after opening are found to contain contraband that is not illegal (including unauthorized attachments or enclosures) or evidence of a crime or otherwise to be in violation of these or other department rules, shall be returned to the sender with the contents of the package intact, together with a mail violation notice or publication violation notice. (c) Intended Adult in Custody Recipient: If a prior authorized package is returned to the sender after opening, the intended adult in custody recipient shall be promptly notified in writing of the rejection, along with the reason for the rejection, on a mail violation notice or publication violation notice. No administrative review shall be available to the intended adult in custody recipient. (d) Sender: The sender shall be notified in writing of the rejection of any package received in a Department of Corrections facility and addressed to an adult in custody , along with the reason for rejection, on a form label or stamp affixed to the outside of the package if the package is refused without opening, or if the package is returned to the sender after opening, on a mail violation notice or publication violation notice inserted into the package. No administrative review shall be available to the sender. (8) Mail from Vendors that Repeatedly Violate Mail Rule Standards : (a) Mail violation for vendors will be tracked in the mailroom database. (b) Vendors that repeatedly send prohibited content to adults in custody after multiple violation notices informing them of mail rule standards may be restricted.