Sec. 12.12.20.06. Withholding Mail

A. The Warden shall make the decision to withhold mail.

B. Staff shall review mail on an item by item basis, and items excluded on one occasion may not be routinely excluded on another occasion.

C. Staff may not withhold mail solely because its content is religious, philosophical, political, social or sexual, unless it violates the definition for sexually explicit, or because its content is unpopular or repugnant.

D. Mail may be withheld as a whole or in part if only a portion or a particular article in a publication is subject to rejection.

E. Notification of Withheld Mail.

(1) Staff shall provide the inmate and the sender with two copies of a written statement that describes the contraband material that is being withheld and sets forth the reason in detail.

(2) Staff shall serve the written statement on the inmate within 48 hours after the decision to withhold the materials from the inmate.

(3) The notification constitutes a written report of the decision of the official withholding the material and shall include:

(a) Summary of the evidence;

(b) The decision;

(c) The reason for the decision; and

(d) The facts upon which the decision is based.

(4) The reverse side of the notification provides a section for the sender or inmate to appeal the decision.

F. If the rejected portion can be reasonably severed, before severing any portion of the mail, the staff shall give the inmate to whom the item is addressed the choice of:

(1) Returning the mail as a whole;

(2) Receiving the acceptable portion and disposing of the rejected portion by either:

(a) Destroying it,

(b) Sending it to an address specified by the inmate at the inmate's expense,

(c) Donating it to a charity, or

(d) Arranging for it to be picked up by a visitor in accordance with established procedures;

(3) Disposing of the mail as a whole by selecting one of the methods listed under § F(2) of this regulation; or

(4) Appealing to the Warden.

G. If the rejected portion cannot be severed, or if the rejected portion can be severed but the inmate to whom the item is addressed chooses to appeal, or if mail is being withheld in its entirety, staff shall advise the inmate and the sender that they have 10 working days from the date the inmate is notified to respond in writing to the Warden concerning the decision to withhold the mail.

H. The Warden shall respond within 5 working days to the inmate or sender.

I. Staff shall inform the inmate and sender that if either or both of them object to the decision of the Warden, or if the Warden fails to respond within 5 working days, either or both of them may appeal the decision to the Director.

J. The inmate or sender may appeal to the Director, in writing, stating the reasons for the appeal, not more than 5 working days after receipt of the withholding decision or not more than 5 working days after the Warden's failure to respond.

K. The Director shall affirm, reverse, or modify the decision of the Warden within 5 working days of the date of receipt of the appeal of the Warden's decision.

L. The inmate may appeal the Director's response to the Inmate Grievance Commission.

M. If the decision of the Warden, or of the Director in cases where an appeal is taken, is that mail as a whole shall be withheld from the inmate, staff shall dispose of the mail by:

(1) Sending the mail at the inmate's expense to the sender or to any addressee the inmate chooses; or

(2) Disposing of the mail in a manner specified by the inmate and approved by the Warden.

N. If only a portion of the mail is withheld, the rejected portion shall be excised and the remainder delivered to the inmate within 5 working days after the final decision. The excised portion shall be handled the same as mail withheld as a whole.

O. Correctional staff shall store withheld mail until:

(1) The mail is delivered to the inmate; or

(2) The inmate exhausts or waives the appeal rights provided by this regulation.