New Mexico

AUTHORITY: A. NMSA 1978, Section 33-1-6, as amended B. Policy CD-010100 REFERENCES: A. ACA Standard 2-CO-5D-01, Standards for the Administration of Correctional Agencies, 2nd Edition. B. ACA Expected Practices 5-3D-4275 and 5-7D-4487 through 5-7D-4496, Performance Based Expected Practices for Adult Correctional Institutions, 5th Edition. PURPOSE: To outline the regulations and establish guidelines governing inmate correspondence (mail). [2- CO-5D-01] [5-7D-4487] [5-3D-4275] APPLICABILITY: All employees and inmates at any facility in the New Mexico Corrections Department (NMCD). FORMS: A. Mail Rejection form (CD-151201.1) B. Incoming Legal Mail and Privileged Correspondence Log form (CD-151201.2) C. Receipt for Open Privileged Mail form (CD-151201.3) D. Publication Review Panel Determination form (CD-151201.4) E. Mailroom Tax Form Tracking Log form (CD-151201.5) ATTACHMENTS: None DEFINITIONS: A. Contraband: any material prohibited by law or regulation, or material which can reasonably be expected to cause physical injury or adversely affect the security and safety of the institution. 1. Dangerous Contraband: Any item which poses a serious threat to the security of an institution and which ordinarily is not approved for possession by an inmate or for admission into the institution. Examples may include, but are not limited to weapons, intoxicants, currency (where CD-151200 Correspondence Regulations Issued: 1/17/92 Effective: 3/20/92 Reviewed: 7/31/20 Revised: 2/23/15 Alisha Tafoya Lucero, Cabinet Secretary Original Signed and Kept on File NUMBER: CD-151200 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 2 NUMBER: CD-151200 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 2 prohibited), tools which may be used to aid in an escape (e.g., rope), ammunition or explosives, combustible or flammable liquids, and hazardous or poisonous chemicals and gases. 2. Nuisance Contraband: Any item other than dangerous contraband, which has never been authorized, or which may be, or which previously has been authorized for possession by an inmate, but whose possession is prohibited when it presents a threat to security or its condition or excessive quantities of it present a health, fire, or housekeeping hazard. Examples may include, but are not limited to personal property no longer permitted for admission to the institution or permitted for sale in the commissary; altered personal property; excessive accumulation of commissary, newspapers, letters, or magazines which cannot be stored neatly and safely in the designated area; food items which are spoiled or retained beyond the point of safe consumption; government-issued items which have been altered, or other items made from government property without staff authorization. B. First-Class Mail Letters: Small rectangular mail pieces no thicker than ¼ inch, weighing 3.5 ounces or less. C. Indigent Inmate: An inmate whose trust fund account has been without funds for one month prior to the request for free postage and writing materials. D. Legal Mail: Any letters, pleadings or legal documents to or from an inmate’s attorney of record, a judge, a court of law, or an opposing attorney, to include the NMCD Office of General Counsel. Mail to any other NMCD employee is not considered Legal Mail. E. Privileged Correspondence: Any correspondence to or from an attorney from whom the inmate is attempting to retain services; with recognized agencies that provide legal assistance; and law enforcement agents or agencies. POLICY: The NMCD encourages correspondence on a wholesome and constructive level between inmates and members of their families, as well as friends or associates, with no restrictions except those necessary to ensure the safety and security of the facilities and other persons. [5-7D-4487] A. Indigent inmates shall receive a specified postage allowance to maintain community ties. [5- 7D-4489] B. All inmates’ mail or packages, both incoming and outgoing, shall be opened and inspected for contraband and to intercept cash, checks or money orders. Mail is read and accepted or rejected based on legitimate institutional interests of order and security. Inmates are notified when incoming or outgoing letters are rejected. [5-7D-4491][5-7D-4493] [5-7D-4494] C. Inmates are permitted to send sealed legal mail or privileged correspondence. Staff, in the presence of the inmate, may inspect outgoing legal mail and privileged correspondence for NUMBER: CD-151200 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 3 NUMBER: CD-151200 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 3 contraband before it is sealed. Incoming legal mail and privileged correspondence to inmates may be opened only to inspect for contraband and only in the presence of the inmate, unless waived in writing or in circumstances which may indicate contamination. [5-7D-4492] D. All incoming and outgoing letters are held for no more than forty-eight (48) hours and packages (if allowed) are held for no more than seventy-two (72) hours, excluding weekends and holidays, or emergency situations. “Emergency situation” is any significant disruption of normal facility or agency procedure, policy, or activity caused by riot, escape, fire, natural disaster, employee action, or other serious incident. [5-7D-4495] E. All first-class letters and packages shall be forwarded after an inmate’s transfer or release. [5-7D-4496] F. Inmates will have access to publications. [5-7D-4490] G. No inmate to inmate mail with the exception of immediate family members and with the approval of the wardens at the respective facilities. AUTHORITY: Policy CD-151200 PROCEDURES: [2-CO-5D-01] A. Limits of Correspondence: When the inmate bears the mailing cost, there is no limit on the volume of letters the inmate can send or receive or on the length, language, content, or source of mail or publications, except when reasonable belief that limitation is necessary to protect public safety or institutional order and security. However, correspondence may be rejected by prison officials pursuant to the other rules as stated in this procedure. [5-7D-4488] When the inmate bears the mailing cost, it will be documented on the Debit Memo submitted by the inmate. Debit Memos shall be filed monthly. B. Postage and Writing Materials: 1. Indigent, Reception and Diagnostic (RDC), and Special Management inmates (i.e., segregation, MHTC/ACU, LTCU) will receive two (2) envelopes and two (2) sheets of writing paper per week. All other inmates will pay for their own writing paper and envelopes. 2. All inmates in Level II, III, IV, and Special Management inmates will receive postage for two (2) First-class letters per week for personal, legal, or privileged correspondence. 3. Indigent inmates in Level I security facilities will receive postage for two (2) First-class letters per week. 4. Inmates will pay the cost of any additional mail by attaching a debit memo. 5. A reasonable amount of postage for the following categories of mail will be supplied by the facilities for indigent inmates: Attorneys, recognized agencies that provide legal assistance, the courts and disciplinary appeals addressed to the disciplinary appeals officer, classification appeals addressed to the Classification Bureau Chief, Parole Board members, the Secretary of Corrections, Department staff located at Central Office, federal and state legislators, and the Governor of New Mexico. a. All other legal mail shall be accompanied by a debit memo. 6. Mailroom staff will track postage for accountability on the Mailroom Roster available CD-151201 Correspondence Regulations Issued: 1/17/92 Effective: 3/20/92 Reviewed: 7/31/20 Revised: 2/23/15 Alisha Tafoya Lucero, Cabinet Secretary Original Signed and Kept on File NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 2 NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 2 in CMIS. 7. No inmate shall use any other inmate’s name or number to try and send out more than two (2) First-class letters per week. C. Mailing of Letters: 1. Outgoing letters will be deposited in the designated boxes in each facility. 2. Letters, except legal mail and privileged correspondence, will be deposited unsealed. Letters must be written in English or Spanish, except when another language of correspondence has been approved, in advance, by a Deputy Warden. 3. Inmates shall not modify institutional stationery in any way and the sender's name, number and living quarter’s assignment, in English, must appear on all outgoing mail. 4. Incoming and outgoing letters are held for no more than forty-eight (48) hours excluding weekends, holidays, and emergency situations. [5-7D-4495] D. Inspection of Mail: [5-7D-4491] [5-7D-4493] 1. All outgoing mail from inmates, except legal mail and privileged correspondence will be routinely inspected for contraband. 2. Except legal mail and privileged correspondence, outgoing mail, will be read if there is reasonable suspicion to believe that the mail contains escape plans, other plans to commit a crime or to violate institutional rules or regulations, or constitutes a crime in and of itself. 3. All incoming mail, with the exception of legal mail and privileged correspondence, will be inspected for contraband. 4. Legal mail and privileged correspondence will be handled in accordance with paragraph H.3 of this procedure. E. Rejection of Incoming and Outgoing Mail: 1. All inmates will be held responsible for the contents of their outgoing letters and deliberate violations may result in a misconduct report. Violations of Postal Laws may result in referral for prosecution to federal authorities. 2. Rejected incoming and outgoing mail shall be withheld, photocopied and filed for future reference, prior to return or destruction. 3. When any mail is rejected, the inmate and the correspondent will be notified in writing on the Mail Rejection form (CD-151201.1) with the reason for the rejection indicated and copies of the mail rejection form will be placed distributed as indicated at the bottom of the form. NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 3 NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 3 4. Rejected mail notifications must receive final signature approval of the Deputy Warden or designee. Any inmate whose mail is rejected may contest the rejection through the inmate grievance procedure. 5. Outgoing mail will be rejected when the mail contains contraband, escape plans, codes, other plans to commit a crime or to violate facility rules and regulations, is intentionally deceptive, harassing or would constitute a crime in and of itself. 6. Incoming mail will be rejected for the following reasons: a. There is a clear and present danger that the mail will endanger the internal security of the institution, contains escape plans or other plans involving the inmate in the commission of a crime or the violation of institutional rules and regulations, or would constitute a crime in and of itself. b. The mail contains codes or other attempts to circumvent correspondence regulations. c. The material is obscene in that it appeals primarily to the prurient interests or is patently offensive. A three-member publication review panel will be established by the Warden with the authority to approve or reject materials that are alleged to be obscene. The panel will have the authority and responsibility to review allegedly obscene publications and correspondence to determine whether to reject the documents pursuant to this section. The review will be documented on the Publication Review Panel Determination form (CD-151201.4). d. Junk mail, pamphlets, leaflets, brochures, etc., will be judged by the same standards as other correspondence. However, any incoming mail not addressed to a prisoner (occupant-type addressees) may be discarded at the discretion of prison officials. e. The following will be cause for rejection: Publications containing instruction on the manufacture of drugs, tattoos, weapons, or explosives. Publications advocating or describing terrorism, violence, hatred, abuse, or revenge against any individual or group based upon race, religion, nationality, sex, sexual orientation, disability, age, or ethnicity. Publications with information useful for escapes such as contain local area maps or survival guide information. Publications promoting, or depicting as favorable, gang activity. Hardbound books. Photographic images of sexually explicit content that by its nature or content poses a threat or is detrimental to the security, good order or discipline of the facility, detrimental to inmate rehabilitation, or that NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 4 NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 4 facilitates criminal activity. This includes but is not limited to sexually explicit depictions of partial or total human nudity. Publications that regularly and consistently contain such content may be rejected on this basis. F. Incoming Mail Enclosures: 1. Money in the form of a cashier's check or money order may be sent to an inmate in accordance with Inmate Trust Accounts policy (CD-024500). Neither cash nor personal checks may be sent to inmates. a. Each facility shall maintain strict accountability and control of all money received through the mail. Cashier’s checks and money orders shall be tracked before forwarding to inmate accounts (i.e., receipt book, database, log, etc.). All monies held overnight must be secured in a locked box in a designated location. 2. Facilities will not accept cash or personal checks on behalf of inmates. Any such items received will be documented (including serial numbers and value) and return such items to the sender if they are enclosed with mail on the Mail Rejection form (CD-151201.1). 3. Photographs will be rejected only pursuant to the same standards and procedures as publications. Photos must be sent without frames so they can be properly inspected without damage. An inmate may not have a picture of himself or herself alone, for security reasons. 4. Stamps, stickers, oil, lipstick, perfumed paper, blank personal stationery or writing paper, self-addressed stamped envelopes, and pre-stamped or self- stamped blank envelopes are not permitted. G. Certified and Registered Mail: 1. Incoming certified and registered mail for inmates will be processed as all other mail, but delivered to the addresses only upon securing a signed receipt for same. 2. Outgoing certified and registered mail is permitted if the inmate sender has the funds to pay for such service. H. Legal Mail and Privileged Correspondence: [5-3D-4275] [5-7D-4492] 1. Legal mail and privileged correspondence will not be routinely opened for inspection. 2. Incoming legal mail and privileged correspondence will be tracked and signed for on the Incoming Legal Mail and Privileged Correspondence Log form (CD-151201.2). 3. Letters in this category should be sealed by the inmate and dropped in the special box provided for such letters. 4. Incoming and outgoing legal mail and privileged correspondence may be opened, NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 5 NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 5 inspected, and read to the limited extent necessary to determine its legitimacy; in the presence of the inmate in an appropriate, secure area of the facility by the Warden or a designee to help determine if the mail is legitimate, contains contraband, or when there is an indication of contamination. Opened privileged correspondence will be documented on the Receipt for Open Privileged Mail form (CD-151201.3). I. Correspondence with the Clergy: Mail sent or received from clergy will not be considered legal mail or privileged correspondence. J. Access to Publications: [5-7D-4490] 1. Books and magazines will be accepted and delivered to inmates if they are received directly from the publisher or vendor, subject to other restrictions set out herein and in Special Management policies. 2. Exceptions to this rule to allow receipt of books and magazines from other persons may be made by the Warden or designee for reasons of indigence or other good cause. Such exceptions will not be based upon the content of the publication, subject to the other restrictions herein. K. Incoming Packages for Inmates: Inmates will be allowed to receive packages provided all of the following conditions are met: 1. Approval for receipt of said packages has been given in advance by a Deputy Warden or designee pursuant to the provisions of this section. 2. The package has been sent directly from the vendor and purchased through the business office. 3. The contents of the package must be items normally allowed to be retained by inmates and must not cause the inmate to exceed the allowed property quantities. 4. Contents are not available from the canteen and can reasonably be examined for contraband. 5. All packages shall be subject to being searched for contraband. Incoming packages will be held for no more than seventy-two (72) hours excluding weekends, holidays and emergency situations; receipt and distribution will be documented. [5-7D-4495] L. Distribution of Letters and Packages: Incoming and outgoing letters are held for no more than forty-eight (48) hours excluding weekends and holidays. Packages are held for no more than seventy-two (72) hours excluding weekends and holidays. [5-7D-4495] NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 6 NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 6 M. Forwarding Mail: The U.S. Postal service forwards all mail to the correct location if it has not been opened. 1. Upon receipt of inmate mail, mailroom staff will verify the location of the inmate prior to opening any mail for inspection. 2. If the inmate is no longer at the facility, mailroom staff will affix a forwarding address and return the mail to the post office within seventy-two (72) hours of receipt excluding weekends and holidays. 3. First-class letters and packages will be forwarded after an inmate's transfer or release. This will be done for the first three months after the inmate’s transfer or release. If a forwarding address is not available, such letters and packages should be returned to sender. If there is no return address, such letters and packages will be destroyed after three (3) months. 4. Mail that does not qualify for forwarding, such as junk mail, addressee or occupant, will be returned to the post office for disposition by the postal service. This mail will be identified as “Return to Sender, no longer at this facility”. N. Income Tax Forms: 1. The mailroom officer shall inspect all outgoing and incoming inmate mail for any type of completed Internal Revenue Service (IRS) or New Mexico (NM) Taxation and Revenue Income Tax Forms being sent out by an inmate. 2. When the mailroom officer discovers a completed tax form being sent out or received by an inmate, he or she shall immediately affix his or her initials and the date clearly on each tax form, front and back, and on the envelope used to send the forms. 3. The mailroom officer shall use the Mailroom Tax Form Tracking Log form (CD￾151201.5) to monitor and track the activity of these tax forms, assuring that the date on the form is consistent with the date on the log. 4. The mailroom officer shall then make a copy of each tax form, front and back, along with any correspondence and the envelope assuring that his or her initials and date are legible on the copies and forward them to the Security Threat Intelligence Unit (STIU) for handling in accordance with (CD-131500). 5. The mailroom officer shall then process the original income tax forms along with any correspondence through normal mailroom procedures. 6. If the mailroom officer discovers an income tax refund check sent to an inmate, he or she shall log the pertinent information on the Mailroom Tax Form Tracking Log form (CD-151201.5) and forward the check, along with any correspondence, to the NMCD Office of Professional Standards. NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 7 NUMBER: CD-151201 REVIEWED: 07/31/20 REVISED: 10/07/16 PAGE: 7 O. Disposition of Contraband: [5-7D-4494] 1. All contraband will be immediately confiscated and submitted through the shift supervisor following proper protocols and with proper documents attached. 2. Inmates attempting to send contraband will be subject to Administrative Disciplinary Action or Legal Prosecution. 3. All disposition of contraband will be documented and in those cases where administrative or criminal proceedings may result from the confiscation of contraband, a chain of custody shall be attached and maintained. Form CD-151201.1 Revised 10/07/16 NEW MEXICO CORRECTIONS DEPARTMENT MAIL REJECTION Facility: Inmate Name: NMCD #: Housing Unit: Date: Name & Address of Sender: THE FOLLOWING ITEMS HAVE BEEN RETURNED FOR THE FOLLOWING REASONS: Monies: Cash Personal Check Money Order Correspondent sending money order is not on inmate’s approved visiting list. Publication Review Panel Determination: Magazine: Issue: Photograph(s): Packages: Not Directly from Vendor No official vendor label Unauthorized item: No prior approval from Property Office or Deputy Warden Items sent were not purchased through Facility Business Office Article Other Enclosure in First-Class Letter: (Unauthorized item for inmate retention) Printed matter not from publisher or vendor. Comments: Mailroom Staff: / Print/Sign Administration Verification: / Print/Sign Inmate Notified: (date) Sender Notified: (date) Form CD-151201.2 Revised 10/07/16 NEW MEXICO CORRECTIONS DEPARTMENT INCOMING LEGAL MAIL & PRIVILEGED CORRESPONDENCE LOG Date Received: Facility: Delivery Staff: / Supervisor: / Print/Sign Print/Sign UNIT INMATE NAME & NMCD# RECEIVED FROM DATE & TIME RECEIVED Was mail opened when received? Accidentally opened by mailroom staff? Opened by Warden or Designee If opened, receipt for open mail filled out? INMATE SIGNATURE NO YES NO YES NO YES NO YES Form CD-151201.3 Revised 10/07/16 NEW MEXICO CORRECTIONS DEPARTMENT RECEIPT FOR OPEN PRIVILEGED MAIL This is to inform you that a letter or package classified as privileged correspondence was received for you. Facility: Date Received: INMATE NAME NMCD# HOUSING UNIT This correspondence was: Opened when received from the U.S. Post Office Opened accidentally: (brief explanation below): Opened in your presence by the Warden or his designee in accordance ACA to determine if the correspondence is counterfeit and/or contains contraband. No Contraband Contained the following contraband: By signing this document, you indicate that you have been informed of the reason(s) your privileged mail was opened. You also indicate you understand that you have the right to appeal the opening of your privileged mail. Please keep a copy of this document for your records. ________________________________ ___________ Staff Delivering Date _______________________________________ _____________ Inmate Name and NMCD# Date XC: Mailroom Inmate Form CD-151201.4 Revised 03/09/15 NEW MEXICO CORRECTIONS DEPARTMENT Publication Review Panel Determination Facility: __________ Date: ________ Mailed to: _______________________ NMCD #: _________ Address: _________________________________________________________________________ The panel’s final determination is as follows: Photo(s) is/are obscene Photo(s) is/are/ patently offensive Photo(s) is/are within publications guidelines. Photo(s) contain Security Threat Group paraphernalia, information, hand, finger or signs/gestures. Other: , refer to comment sections below. The Publication Review Panel also makes the following recommendation in regards to the handling of photographs: Return to sender Submit to STIU for Review Return to Sender’s Warden Approve for inmate to receive Comments: To allow any of the following into a prison may promote or lead to act(s) of violence or that threaten the security of the institution and/or the safety of staff, inmates or the general public. Investigation revealed inmate violated NMCD policy by having an outside source purchase and send magazine(s) and/or other publication(s) to him. Magazine contains photo(s) of a man and/or woman showing gang signs. Magazine contains advertisements promoting sex and nudity. Envelope contains single photo of inmate. Envelope contains photo(s) of two or more women on the verge of kissing and/or engaged in other sexually explicit position(s). Book contains verbiage that is sexually explicit (describing sex acts). Envelope contains tattoo paraphernalia. Envelope contains map of in-state and/or out-of-state prison(s). Envelope contains map(s) of other state(s) and/or the state of New Mexico. Envelope contains photo(s) of child and/or children nude. Envelope contains photo(s) of female(s) partially or totally nude and/or posed in a sexually explicit position. Other: Panel Chairperson Panel Member Panel Member For Mailroom Use: Make copy of page(s): , , , , Make copy of items(s) listed in comment section. Form CD-151201.5 Revised 10/07/16 New Mexico Corrections Department Mailroom Tax Form Tracking Log Facility: Inmate Name NMCD Date Received Tax Form Date Sent To (STIU) Date Sent To (OPS) Refund Check # Mailroom Officer Comments Fed State