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MAIL E-120 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94,06-04-95,09-01-96, 10-01-96 04-01-97,06-01-00, 10-01-00,02-01-02,05-01-05 02-01-21, 02-09-23 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations, Title 15, Sections 1063, 1066, 1068, and 1083; Penal Code Sections 311, 2600, 2601, and 4570; Procunier v. Martinez, 416 U.S. 396 (1974); Turner v. Safley, 482 U.S. 401 (1987); People v. McCaslin 178 Cal.App.3d 1 (1986); Thornburgh v. Abbott, 490 U.S. 401 (1989); Mauro v. Arpaio, 188 F.3d 1054 (gtn Cir. 1999); Shaw v. Murphy, 528 U.S. 223 (2001); People v. Loyd, 27 CalAt" 997 (2002); 28 CFR 115.401; and United States Postal Service, Domestic Mail Manual, Section 508.1.6.1. PURPOSE: The purpose of this policy is to provide guidelines for the receipt, inspection, rejection, and sending of incarcerated person mail. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division to allow incarcerated people to send and receive unlimited mail, provided that it does not jeopardize the security, good order, discipline, control, or operation of the jail facilities; the safety of persons within or outside of the jail; or facilitate criminal activity. Incarcerated people may also receive softbound books, newspapers, magazines, and periodicals accepted for distribution by the United States Postal Service. Acceptance of these items is subject to the security procedures outlined in this policy. PROCEDURES: I. GENERAL PROVISIONS A. There is no limitation on the volume of mail that an incarcerated person may send or receive, nor is there any limitation to the number of pages that comprise a letter. However, there is a limitation on the amount of personal property an incarcerated person may maintain. [Refer to Section XXI/Personal Property.] Page 1 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL B. Incarcerated people may correspond with any person and in any language. C. All incoming mail must be properly addressed with the incarcerated person's name, Booking number, and Jail Identification (JID) number and mailed to P.O. Box 872, Fresno, CA 93712. 1. Mail that does not include the incarcerated person's identifying numbers may be returned to the sender as unacceptable. 2. Mail that is not addressed to a specific incarcerated person will be returned to the United States Postal Service (USPS). D. Mail is only accepted when delivered through regular postal service. This includes all deliveries for books, newspapers, magazines, and periodicals. Mail delivered directly to the facility, and/or from a private delivery service (e.g., UPS, FedEx, Amazon, etc.) will not be accepted. [Refer to Section VI I/Publications.] E. Incarcerated people shall have no expectation of privacy for other than confidential correspondence. In order to preserve facility security and staff, incarcerated person, and public safety, all general correspondence (i.e., non-confidential mail), incoming or outgoing- 1. Shall be opened and searched for contraband. 2. Should be scanned for illicit communications and prohibited content. 3. May be randomly read. The random reading of mail is intended to reveal, for example, escape plans, information concerning proposed criminal activity, arranged assaults or other plans to violate facility rules, encoded messages, gang-related comments/drawings, etc. [Refer to Sections III/Incoming Mail and XIII/Outgoing Mail. See also Sections IX/Prohibited Materials (Contraband), X/Sexually Explicit and Obscene Materials, XI/Threatening or Dangerous Materials, and XVIII/Interception and Confiscation.] F. All non-confidential incarcerated person mail of a particular incarcerated person may be read in its entirety by designated staff when there is a valid security reason and a Bureau Commander or designee approves. [Refer to Section XVII/Monitored Mail.] G. Letters written from one incarcerated person to another within the Jail can be read in the interest of preserving facility security. [Refer to Section XIV/Mail Between In-Custody Incarcerated People.] Page 2 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL H. Confidential/legal mail may only be opened and searched for contraband in the presence of the incarcerated person. Confidential mail may not be scanned or read except for cause. [Refer to Sections IV/Confidential Mail and V/Inspection of Confidential Mail.] I. Incarcerated people may correspond confidentially with any Watch Commander, Bureau Commander, Assistant Sheriff, Sheriff, or the Internal Affairs Unit. Such correspondence will not require postage, and should be marked "Confidential" on the exterior of the letter. These letters may be sealed by the incarcerated person and will not be inspected by staff. J. Any mail that is undeliverable because the individual is no longer housed at the facility (i.e., "not in custody" or NIC) shall be returned to the sender. K. All undelivered letters returned to the facility by the Post Office shall be opened and inspected before being returned to the incarcerated person. (Refer to Section VI/Return to Sender.) If the incarcerated person is no longer in custody, the "dead mail" shall be returned to the Post Office for disposition in accordance with USPS regulations. L. Mail should be held for an incarcerated person who is temporarily away from the facility when their return is anticipated within one week. II. CORRESPONDENCE MATERIALS A. Each incarcerated person is provided with two postage-paid envelopes with their initial jail issue. B. Incarcerated people may purchase writing tablets, stamps, plain envelopes, and pre-stamped envelopes once each week from commissary. C. Upon request, those incarcerated people who are without funds (less than two dollars and fifty cents ($2.50) in their money account) shall receive at least four (4) postage-paid envelopes and eight (8) sheets of paper each week to permit correspondence with family members and friends, but without limitation on the number of postage-paid Legal envelopes and sheets of paper to his/her attorney and to the courts. To obtain the postage-paid envelopes, incarcerated people must submit a commissary form and check the box marked "welfare kit." Page 3 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL D. "Legal" envelopes are available from staff upon request. E. Envelopes, stamps and writing materials intended for incarcerated person usage will not be accepted through the mail. III. INCOMING MAIL A. Fresno County General Services is responsible to retrieve the mail from the Post Office and deliver it to the Mail Unit, Mondays through Fridays. Mail is not available for pickup or processing on weekends or holidays and there may be some delay in receiving mail due to the necessary time to process it properly. B. General correspondence (i.e., non-confidential letters) will be opened by Mail Unit staff and examined for contraband. During this process, paper clips, binder clips, butterfly clamps, and other metal paper fasteners may be removed and discarded. 1. Mail Unit staff may scan mail for prohibited content. Correspondence that contains information that jeopardizes jail security or the safety of any person shall be referred to the Mail Sergeant or Population Management Sergeant and a decision will be rendered through the appropriate chain of command. [Refer to Section XI/Threatening or Dangerous Materials.] 2. The envelope will be marked with a location and resealed, then sorted and bundled according to housing location for distribution. C. When contraband or other prohibited content is found which is not otherwise illegal, the entire contents will be returned to the sender in the original envelope. The envelope will be stamped "Return to Sender" and the applicable reason shall be indicated. [Refer to Sections IX/Prohibited Materials (Contraband), X/Sexually Explicit and Obscene Materials, and XI/Threatening or Dangerous Materials.] D. If the contraband is illegal or suspected illegal in nature, the envelope shall be placed into the evidence safe and the Mail Sergeant notified. The Sergeant will call for a deputy who will take charge of the contraband and letter. The contraband will be booked for destruction or as evidence for use in criminal prosecution. E. A General Log entry shall be created for all rejected mail. The entry shall include the name and address of the sender, the date, the name of the Page 4 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL officer, and the reason why the item was returned (or confiscated). A copy of the notice will be printed and routed to the incarcerated person, advising them of the rejected mail. F. General correspondence containing cash, money orders, or checks is considered contraband and will not be accepted. 1. A notice will be returned to the sender, advising them of the available options to provide funds to incarcerated people. [see addendum A.] 2. Only government checks from local, state, or federal government entities will be accepted, and only if they are in an official envelope from the issuing agency. Any check requiring the incarcerated person's endorsement must be obtained prior to depositing into the incarcerated person's account. The check shall be deposited, then forwarded to the Business Office. The receipt shall be placed into the envelope and forwarded to the incarcerated person. G. Incoming certified or registered mail shall be opened and processed as all other mail, unless marked as "legal" or "confidential." H. Confidential mail shall not be opened by Mailroom staff. 1. All incoming confidential mail from an attorney or legal service organization shall include the attorney's name, title, and return address of their office. Mailroom staff shall notify the Mail Sergeant or Lieutenant if there is any question regarding the legitimacy of a legal service organization. [Refer to Section V/Inspection of Confidential Mail.] 2. The incarcerated person's housing location shall be determined and written on the envelope, then routed sealed for delivery to the appropriate housing floor. The floor officer delivering the mail will be responsible to open and inspect the mail for contraband in the incarcerated person's presence. [Refer to Section XV/Delivering Mail.] I. If confidential mail is opened as a result of human error, a Confidential Mail Opened Inadvertently form shall be prepared by the Mail Unit Officer who opened the envelope (see Addendum B). Copies of the form shall be distributed as follows: 1. The incarcerated person 2. The person sending the correspondence Page 5 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL 3. Jail Records (to be scanned into the incarcerated person's records file) J. Mail marked as"Legal Advertisement" is not considered to be confidential mail and shall be handled accordingly. IV. CONFIDENTIAL MAIL A. Confidential mail is considered to be privileged communications and cannot be knowingly monitored without a warrant. Such mail shall be recognized by the address (or"legal" envelope) and shall only be opened to inspect for contraband in the incarcerated person's presence. [Refer to chart provided as Addendum C.] B. "Legal Mail" envelopes shall be used to identify outgoing mail considered to be "privileged" that can be mailed free of charge. Incarcerated people may correspond confidentially and at no charge to those listed below- 1. State and federal judges and courts. 2. Any attorney at law, on active status or in good standing, listed with a State Bar association, including persons working for the lawyer (e.g., investigators, law clerks, and paralegals). The address of an attorney must match the address listed with the State Bar. 3. A legitimate legal service organization that consists of an established group of attorneys involved in the representation of offenders in judicial proceedings (e.g., American Civil Liberties Union (ACLU), the Prison Law Office (PLO), the Young Lawyers Section of the American Bar Association, the National Association of Criminal Defense Laywers, California Appellate Project). 4. PREA auditor C. Incarcerated people may correspond confidentially to any Watch Commander, Bureau Commander, Assistant Sheriff, Sheriff, or the Internal Affairs Unit. Such correspondence will not require postage and will not be inspected by staff. The letter may be submitted to staff in a sealed "Legal" envelope, or plain envelope marked as "Confidential." D. Incarcerated people may correspond confidentially and at their own expense with those listed below. The incarcerated person must provide their own envelope and write "Confidential" across the bottom of the envelope. Page 6 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL 1. Consular Officials 2. All city, county, state, and federal officials having responsibility for the incarcerated person's present, prior, or anticipated custody, parole, or probation supervision (i.e., Probation officers and Parole agents). 3. The Board of State and Community Corrections (BSCC). 4. All elected state and federal officials, and those appointed by the Governor or the President of the United States. 5. County agencies regarding child custody proceedings, as clearly identified in the communication and listed on the envelope. 6. Physicians. 7. Religious advisors. E. Vote-by-Mail Ballots are considered confidential documents and shall be treated as such. The incarcerated person must sign the official return envelope and give it to an officer unsealed, where it will be checked for contraband and sealed in the presence of the incarcerated person. The sealed ballot may either be- 1. Forwarded to the Offender Programs Unit. The Offender Programs Unit shall be responsible to ensure that the ballot is forwarded to the Registrar of Voters; or 2. Placed into an incarcerated person envelope and mailed directly to the Registrar of Voters. The words "Official Ballot Enclosed" must be written on the outside of the envelope. F. Standard "Legal"envelopes and large"Legal"manila envelopes (9"x 12") are available from the floor officers for mailing. 1. Legal envelopes shall be provided to the incarcerated person upon request. 2. The legal manila envelopes are to be issued one (1) at a time and returned to the floor officer addressed for mailing during the shift on which they were issued. These envelopes are not to be used for storage. Large legal envelopes are also available for purchase from Commissary or by submitting an Request Form. Page 7 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL G. The following mail is NOT considered to be legal or privileged and shall be sent through the U.S. Postal Service in a regular stamped envelope- 1. Treatment and recovery programs. 2. Local, state, or government offices (e.g., Social Security, Department of Motor Vehicles (DMV), County Clerk's Office, Department of Child Support Services (DCSS), etc.). 3. The American Bar Association (ABA) - unless marked otherwise, the ABA does not provide direct legal advice or services and is not considered legal mail. 4. News media. News media representatives have no greater right of access to incarcerated people than any other member of the public. 5. Mail between incarcerated people containing legal advice (e.g., "jailhouse lawyer"). 6. Correspondence to or from a person operating under a power of attorney. V. INSPECTION OF CONFIDENTIAL MAIL A. Confidential mail will only be opened and inspected for contraband in the presence of the incarcerated person. Inspecting correctional officers will not read any contents of the confidential mail. B. Using confidential correspondence for personal non-business correspondence, the transmission of contraband items, or the smuggling of letters and other communications is an abuse of the right to correspond confidentially. C. Confidential mail may be inspected for cause only. 1. Cause may include, but is not limited to, the reasonable belief that the letter is not addressed to or is not from an official or office listed in Section IV, or when other means of inspection indicates the presence of physical contraband in the envelope. In such instances, the mail will be opened in the presence of the incarcerated person for determination. Page 8 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL 2. Upon determining that the envelope contains prohibited material or that there is a misrepresentation of the sender's or the addressee's identify, the letter (and any enclosures) may be examined and read in its entirety to determine the most appropriate of the following actions: a. When the prohibited material or misrepresentation of identity indicates a violation of the law or an intent to violate the law, the matter will be referred to the appropriate criminal authorities for possible prosecution. b. When an incarcerated person's action or complicity indicates a violation of law, regulations, or policy, the matter may also be handled by appropriate disciplinary action. 3. Administrative action may be taken to restrict, for cause, the confidential mail privileges afforded to any individual who violates this policy. VI. RETURN TO SENDER All undelivered letters returned to the facility by the Post Office (i.e., "return to sender") shall be opened and inspected before being returned to the incarcerated person. The inspection is to determine if the content originated with the incarcerated person/sender identified on the letter, and to prevent the transmission of contraband. The inspection of returned mail includes regular mail and letters that were mailed as confidential/legal. In the case of returned confidential correspondence, the envelope shall be opened in the presence of the incarcerated person. It shall be examined and read to the degree necessary to determine if it was sent by the incarcerated person and opened or tampered with before its return to the facility. Upon completion of this examination, the returned correspondence shall be given to the incarcerated person. VI I. PUBLICATIONS A. All magazines, periodicals and books must be delivered via the U.S. Postal Service and contain the incarcerated person's Booking and JID numbers. B. Books and magazines must have soft covers without wire or spiral binding. The items must be new, prepaid and mailed directly from legitimate, verifiable publishers, book distributors, online bookstores, or Page 9 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL religious organization. The online bookstore must have a legitimate website that is verifiable and allows consumers to order directly. 1. Packages must be professionally labeled and recognized as an online bookstore. 2. Books from private sellers and secondary markets (such as a-Bay and Amazon Marketplace) will be returned. 3. Publications ordered as "Cash on Delivery" (COD) or "Bill me Later" shipments will not be accepted. C. All publications shall be inspected prior to issuance to ensure that they comply with sections IX/Prohibited Materials (Contraband), X/Sexually Explicit and Obscene Materials, and XI/Threatening or Dangerous Materials. A publication may be rejected if it is determined to be detrimental to the security, good order, discipline, control, or operation of the jail facilities, endangers the safety of persons within or outside the jail, or facilitates criminal activity. [Refer to section XIX/Rejection/Appeal Process.] D. Items attached to a perforated page (e.g., free CD's and packaged samples of perfume, lotion, moisturizers, stickers, or any item deemed to be contraband contained in magazines) shall be removed if doing so will not alter the publication. Page flap samples of perfume will not be removed. 1. If the item cannot be removed without altering the publication (e.g., tearing a page from the publication), or the item potentially has value (e.g., CD's included with books), the entire publication will be rejected. 2. Removal of loose advertisement cards or product samples does not require notification. E. Hardcover, vinyl, and leather-bound books will not be accepted, unless the book is unavailable in paperback edition. If the incarcerated person wishes to receive the book, the cover will be removed. If not, the book will be placed into the incarcerated person's property or returned. F. Newspapers are delivered to the Post Office. The papers are processed and delivered on regular business days, as available. Page 10 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL G. When incoming publications are rejected, a notice shall be sent to the sender/publisher explaining why the item was denied. If multiple incarcerated people are affected, only one notification need be sent. The notice must include the reason why the book, magazine or publication was denied, the names, Booking, and JID numbers for all incarcerated people, and a notice to the sender/publisher of their right to appeal the decision. Notification shall also be sent to the incarcerated person(s). [Refer to Addendums D and E; and Section XIX/Rejection/Appeal Process.] Vill. ACCEPTABLE MATERIAL To ensure facility security and the safety of incarcerated people and staff, the following items are the only acceptable materials, other than letters and forms, that can be received by incarcerated people via USPS: A. Postcards B. Greeting cards. They cannot be excessively large, thick, embossed (having a raised surface), contain 3-dimensional attachments, transparent overlay, or contain sound-making devices. Items that cannot be searched without being destroyed may be rejected (e.g., 2-ply cards with layers glued together). C. Drawings. Children's artwork is encouraged, but due to the ability to conceal or disguise drugs in the various mediums, drawings and letters are limited to pen and pencil (i.e., graphite "regular" pencil only). D. Newspaper clippings, Internet downloaded articles, and photocopies of clippings, articles, or electronic mail (e-mail). However, the content is subject to the publication review process. Internet material containing information about staff or other incarcerated people is unauthorized if it is determined to be a threat to the safe and orderly operation of the facility and/or a threat to the safety of any person. E. Photographs. An incarcerated person may receive personal photographs, so long as they are not detrimental to personal safety or security, or to the good order of the institution. Photographs must be no larger than 4" x 6" and not have a backing capable of concealing contraband (e.g., Polaroids will not be accepted unless the backing has been removed). The incarcerated person's Booking and JID numbers should be written on the back. [Refer also to Section X/Sexually Explicit and Obscene Materials.] Page 11 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL F. Magazines, newspapers and paperback books mailed directly from the publisher or a bona fide book store or book distributor that does mail order business. Books, periodicals or other publications may also be mailed from a religious organization. [Refer to Section VI I/Publications.] G. Bulk mail and catalogs. So long as the incarcerated person's name and identification numbers are on the mail, it shall be delivered (absent a legitimate penological interest). H. Government checks from local, state, or federal government entities are accepted, and only if they are in an official envelope from the issuing agency. IX. PROHIBITED MATERIALS (CONTRABAND) A. Mail that contains any of the following items shall be considered contraband and the entire envelope and its contents shall be returned to the sender- 1. Any personal correspondence mailed in a padded envelope or box. 2. Cash, checks, bank cards, credit cards, phone cards, or money orders. 3. Lottery tickets or other gambling materials 4. Postage stamps, stationery, blank postcards/greeting cards, or envelopes. (Incoming legal mail may contain a postage-paid pre- addressed envelope for the individual to return documents/ responses to the sender.) 5. Pieces or sheets of plastic, or anything laminated. 6. Bookmarks or calendars. 7. Human or animal hair, substances, or fluids. 8. Packages from bookstores containing anything other than books (e.g., maps, calendars, CD's, DVD's, posters, blank journals, etc.). B. Because the following items can be saturated and used to conceal or disguise drugs, the following items are prohibited: Page 12 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL 1. Stickers (either inside or applied to the outside of the envelope), or anything with an adhesive (e.g., Post-its). 2. Any type of fabric or material (including cards with ribbons, strings, bows, velvet, etc.). 3. Tissue, blotter, or construction paper. 4. Loose pages torn from novels, word-find and puzzle books. 5. Anything written or colored with crayon, chalk, markers, colored pencils, wax, water colors, 3D paint pens, fabric markers, glitter pens, or white-out. 6. Has had a foreign substance applied to the envelope or letter (e.g., lipstick, perfume, cologne, powder, etc.), or contains suspicious stains or markings. 7. Confetti. X. SEXUALLY EXPLICIT AND OBSCENE MATERIALS A. In order to prevent a discriminatory and hostile work environment and reduce sexual harassment for incarcerated people, staff, and volunteers, incarcerated people are not permitted to send, receive, possess or have under their control obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained. B. Obscene material means catalogs, advertisements, brochures, and/or material taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest. It is material which taken as a whole, depicts sexual conduct, and lacks serious literary, artistic, political, or scientific value. Additionally, material is considered obscene when it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition, that it appeals to deviant sexual groups. Material subject to the test of the above includes, but is not limited to, pictures or images that depict. 1. Sexually explicit images, which are defined as materials that show frontal nudity of either gender, including the fully exposed female breast(s) and/or the genitalia of either gender, including photographs, drawings, and magazines and pictorials that show Page 13 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL frontal nudity. Sex-based publications are generally prohibited, however, a publication may change a single issue or its general policies and practices at any time, which would make it acceptable. 2. Exposure or penetration of the vagina or anus, or contact between the mouth and genitals. 3. Bestiality, sadomasochism, or an excretory function, including urination, defecation, or semen. 4. Nudity of a minor, or person who appears to be under 18 years old. 5. Conduct that appears to be non-consensual behavior. 6. Conduct that appears to be forceful, threatening, or violent. 7. Sexual conduct where one of the participants is a minor, or appears to be under 18 years old. C. Nude or sexually suggestive photographs (individual prints or copies, as opposed to those from publications) present special concerns about personal safety, security, and good order, particularly when the subject is an incarcerated person's relative, friend, or acquaintance or could reasonably be perceived as such. For these reasons, an incarcerated person may not be permitted to retain, receive, or possess a personal photograph in which the subject is partially nude or naked, overtly sexual or sexually suggestive. Persons must be clothed in a manner that would be generally accepted in the community as a whole. Any intent to show nudity, including, but not limited to the following, will be returned as unacceptable- 1. Any photograph that displays an exposed female breast. This includes photos that have been altered to obscure or conceal the areola (e.g., strategically placed stickers, digitally altered, etc.). Undergarments must be worn beneath clothing that is sheer/ translucent, lace, mesh, etc. 2. Any photo that displays the genitalia, pubic area, or anus of either gender (including those wearing clothing that by design or by the manner in which it is worn, allows the anatomical detail of genitalia to be clearly viewed. 3. Any nude photographs of infants or children. Page 14 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL D. Text-only material shall not be considered obscene unless designated by the Mail Sergeant and approved by the Mail Lieutenant. E. Educational, literary, medical, scientific, political, or artistic materials, including, but not limited to, anatomy medical reference books, general practitioner reference books and/or guides, National Geographic, or artistic reference material depicting historical, modern, and/or post modern era art approved on a case-by-case basis will be allowed. XI. THREATENING OR DANGEROUS MATERIALS A. Non-confidential correspondence may be disallowed if the text of such correspondence presents a danger, or a threat of danger, to any person. B. Certain correspondence, including but not limited to the following, is disallowed in order to ensure the safety and security of the facility. The entire envelope and its contents may be forwarded to the Mail Sergeant or Population Management Sergeant for review and possible routing to other agencies as appropriate, before being returned to the sender. 1. Any mail of a character tending to incite murder, arson, riot, violent racism, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group. 2. Graphic violence that includes but is not limited to murder, rape, sexual assault, assault, amputation, decapitation, dismemberment, mutilation, maiming, disfigurement, or cruelty to animals. 3. Any matter of a character tending to incite crimes against children. 4. Any matter concerning unlawful gambling or an unlawful lottery. 5. Threatens blackmail or extortion. 6. Concerns the sending of contraband in or out of any facility. 7. Depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings, or maps depicting any area around any detention facility or court. 8. Information which would present a clear and present danger of violence and/or physical harm to persons in or outside of the facility. 9. Concerns plots or plans to disrupt the order of the facility and/or to Page 15 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL breach the security of the facility. 10. Concerns plans for activities in violation of the law, or of rules and regulations or procedures of the facility. 11. Contains coded messages or instructs on the usage of code. 12. Depicts or describes procedures for the construction or use of any weapon, ammunition, explosive, or destructive device. 13. Contains illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics. 14. Depicts, describes, instructs on the use of hands, feet, or head as weapons, fighting weapons and techniques, self-defense or martial arts. 15. Depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs, narcotics or poisons. 16. Contains written materials or photographs that advocate, encourage, depict, or condone organized crime or gang-related activities. XII. OUTGOING MAIL (responsibility of the incarcerated person) Incarcerated people shall be responsible for the contents of their outgoing mail. Correspondence should not contain any threats to the institution, staff, victims, victim families, incarcerated people, or the public, or contain offensive material, items, language, photographs, or drawings. A. Only letters written on stationery and cards received from Commissary, the Jail Chaplains, or the Offender Programs Unit will be mailed. B. All envelopes must be clearly addressed. With the exception of mail addressed to a member of the Sheriff's Office, all mail must contain a complete mailing address. The return portion must include the incarcerated person's full booking name and the Jail's mailing address (P.O. Box 872, Fresno, CA 93712). C. All envelopes must have the appropriate postage attached. Only letters addressed to an attorney, legal service organization,judge, court, PREA auditor or a member of the Sheriff's Office may be submitted without postage. Page 16 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL D. There cannot be any graffiti or drawings on the address-side of the envelope. E. All outgoing mail shall be given to an officer unsealed (with the exception of mail addressed to a member of the Sheriff's Office). F. Mail sent to other incarcerated people within the facility will be processed the same as any other piece of personal mail. XIII. OUTGOING MAIL (officer responsibility) All outgoing mail shall be picked up by the floor officers, searched and routed to the Main Jail 2nd floor Distribution Room prior to the end of each shift. A. General correspondence. The contents of each envelope shall be searched for contraband. 1. The written content may be quickly examined to ensure that it is not threatening to the recipient; does not discuss proposed criminal activity, escape plans, bringing in contraband, or disrupting the security or orderly operation of the facility; include encoded messages or contain gang-related comments or drawings. These types of letters can be read and confiscated. Such mail or any questionable materials shall be forwarded to Population Management to be more thoroughly reviewed. The floor officer shall write their name, computer number, date, and time on a Post-it, affix it to the envelope, and forward it to the Population Management Unit. [Refer also to Section XVIII/Interception and Confiscation.] 2. The envelope flaps shall be sealed with tape and the computer number of the searching officer shall be written across the seal of the envelope. C. Confidential mail. Incarcerated people shall present the mail unsealed to staff. The receiving officer shall: 1. Verify the incarcerated person's name and ensure that it matches the name shown on the return address portion. 2. Ensure the word "Confidential" appears on the face of the envelope or a "Legal" envelope has been used, as appropriate. Page 17 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL 3. In the presence of the incarcerated person, remove the contents of the envelope and shake them to ensure there is no prohibited material. The inspecting officer shall not read any of the contents of the confidential mail. a. If no contraband is discovered, the contents shall be returned to the envelope. Hand the envelope to the incarcerated person to seal it in the officer's presence and immediately hand it back to the officer. The officer shall write their identification number across the seal and place the envelope in the security station with the outgoing mail. b. If contraband is found in the confidential mail, the prohibited material shall be confiscated; however, the letter may be returned to the incarcerated person or mailed following the process above. If the prohibited material indicates a violation of the law or intent to violate the law, the matter may be referred to the appropriate authorities for possible prosecution. [Refer to Section V/Inspection of Confidential Mail.] D. Confidential mail addressed to a Watch Commander, Bureau Commander, Assistant Sheriff, Sheriff, or the Internal Affairs Unit may be presented to staff in a sealed envelope. An address or postage is not required. E. All outgoing mail shall be bundled into one of three categories prior to the end of each shift and routed appropriately- 1. All mail that has postage affixed shall be rubberbanded together according to the housing floor, and placed into the outgoing mail bins in the Distribution Room located on the Main Jail 2nd floor. 2. Mail addressed to a Watch Commander, Bureau Commander, Assistant Sheriff, Sheriff, or the Internal Affairs Unit shall be forwarded to the Jail's Administrative Assistant for distribution without postage. 3. Legal mail envelopes that require postage (i.e., mail addressed to attorneys, legal service organizations, judges, courts or the PREA auditor) shall be placed in the MAIL/INMATE bin located in the Distribution Room. Page 18 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL XIV. MAIL BETWEEN INCARCERATED PEOPLE A. Incarcerated people may send mail to other incarcerated people utilizing the U.S. Postal Service. Mail sent to other people within the facility will be processed the same as any other piece of general correspondence and is subject to the restrictions listed under Section III/Incoming Mail (e.g., the letter and envelope cannot contain any coloring). B. Because all incoming mail requires that the person's Booking and JID numbers be included on the front of the envelope, officers shall provide the Booking and JID numbers to incarcerated people upon request. C. Mail between incarcerated people may be read in the interest of preserving facility security. The reviewing of mail sent between incarcerated people may be done to discover any threats that might be made to a person, "snitch jackets" placed on other incarcerated people, detect coordination of possible escape attempts between people in custody, and to circumvent, curtail and/or investigate violent acts and gang activities. An authorization form is not necessary. XV. DELIVERING MAIL A. The dayshift officers shall ensure that the mail is delivered directly to the specified incarcerated person during the course of the shift. 1. Mail is to be delivered to the addressee only. Incarcerated people must identify themselves by their wristbands before any mail may be delivered to them. 2. If the incarcerated person is unavailable (e.g., out to court) or asleep, the mail may be delivered on the following shift. Under no circumstances will any incarcerated person be allowed to handle mail for another incarcerated person, nor shall mail be left accessible to any incarcerated person other than the addressee. B. Confidential mail shall be opened and searched in the presence of the incarcerated person at the time of delivery. Staff shall not read any of the enclosed material. Staff shall remove the pages and shake them to ensure the absence of prohibited material. 1. If no contraband is found, the correspondence will be provided to the incarcerated person. Incarcerated people are required to sign a Page 19 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL receipt (Confidential Mail Opened in the Presence of Incarcerated Person, form J-130) indicating the mail was opened in their presence but was not read or censored. If the incarcerated person refuses to sign the form, the officer shall indicate "incarcerated person refused to sign" next to the officer's signature. The form shall be forwarded to Jail Records to be scanned into the incarcerated person's file. [Refer to Addendum F.] 2. If, during inspection, contraband is located, both the correspondence and the contraband will be removed from the housing unit. The correspondence will be inspected by the Mail Lieutenant or on-duty Watch Commander who will determine if the correspondence and contraband will be held for further investigation. Privileged correspondence that is not held for evidentiary purposes will be returned to the addressed incarcerated person without delay. [Refer to Section V/Inspection of Confidential Mail.] C. If a confidential letter is found to have been previously opened by the Mail Unit, the Facility Sergeant shall be advised and the envelope returned to the Mail Unit for proper accounting purposes. D. The Sheriff's Office will not forward any mail or magazines. The incarcerated person is responsible, upon or before release or transfer, to notify the senders of change of address. F. If the Mail Unit determines that an individual is no longer in custody, the envelope will be stamped with the "Return to Sender — Not in Custody" stamp and mailed back to the sender. Any magazines delivered may be discarded, returned as undeliverable, or donated to the Offender Programs Unit to put into circulation. G. If the person is released prior to delivery of the mail, the housing floor officer shall draw a diagonal line through the person's name and address and write "NIC" on the face of the envelope. The envelope shall be returned to the Mail Unit (i.e., placed into the Mail Unit bin in the Distribution Room) to be stamped and mailed back to the sender. H. Mail shall be considered "dead" if it cannot be delivered and is unable to be returned to the sender(e.g., if the person is NIC and there is no return address, or if a piece of outgoing mail was undeliverable and the person who sent the mail is no longer in custody). All undeliverable mail will be Page 20 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL returned to the U.S. Postal Service for transmittal to the Dead Letter Office. Authority for the destruction and disposal of mail addressed to a specific person rests with the USPS. XVI. DISCIPLINARY STATUS A. Incarcerated people on disciplinary status may send and receive letters while on discipline. 1. Incarcerated people on discipline status are allowed to retain correspondence materials and can retain any letters received while on discipline. 2. Magazines, newspapers, periodicals and books shall be withheld and placed into the incarcerated person's inventoried property. 3. Correspondence materials (pencil, writing paper and four (4) envelopes) will be provided by a designated Offender Programs staff member once each week. B. Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case correspondence may be suspended for no longer than seventy-two (72) hours without the review and approval of a Bureau Commander. Nonetheless, that sanction cannot be applied to correspondence with the courts, any member of the State Bar, holder of public office or the Board of State and Community Corrections (BSCC). XVII. MONITORED MAIL A. Policy allows for all general correspondence to be randomly read in the interest of preserving facility security. However, if all the mail of a particular incarcerated person is to be read, the valid security reason shall be documented and approved by the Jail Operations Bureau Commander (or his/her designee). 1. A Monitored Mail Authorization Form shall be completed and submitted for approval through the chain of command. [Refer to Addendum G1.1 2. The approved form shall be scanned and attached to the incarcerated person's records. Page 21 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL B. A mail watch may be requested by the District Attorney's Office or any law enforcement agency. All non-confidential correspondence of a particular incarcerated person may be read and copied for law enforcement purposes. A Monitored Mail Authorization Form shall be completed and submitted for approval to the Bureau Commander (or designee). The form shall be scanned into the incarcerated person's records. [Refer to Addendum G2 for request procedures.] C. Monitoring will be managed by the Mail Unit. A designated staff member will produce a "mail watch list" for review by the Mail Unit. 1. As incoming mail is received, identified mail is photocopied and immediately returned to the normal delivery process. 2. Each morning, a designated staff member from the Mail Unit will search through the outgoing mail bins prior to pickup. Identified mail is photocopied and immediately returned to an outgoing bin. D. Any court order that directs or approves the monitoring of an person's mail shall be scanned into the incarcerated person's records and a copy of the order shall be forwarded to the Mail Lieutenant. XVIII. INTERCEPTION AND CONFISCATION A. All letters written or received by incarcerated people can be inspected for escape plans, information concerning proposed criminal activity or disruption to the security or orderly operation of the facility, arranged assaults and other violent acts, threats of blackmail and extortion, encoded messages, etc. These types of letters can be read and confiscated. 1. The letter shall be forwarded to the Mail Lieutenant or on-duty Watch Commander, who will in turn ensure its delivery to the appropriate authorities. 2. If it is determined that the mail is not to be delivered, the incarcerated person shall be notified unless notification would interfere with the investigation. It is not necessary to notify an incarcerated person that their letter has been confiscated when it contains plans for criminal activity. Page 22 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL B. Outgoing non-confidential correspondence shall only be censored to further a substantial government interest, and only when it is necessary or essential to address the particular government interest. Incarcerated person letters that unduly complain, criticize, magnify grievances, or express inflammatory views are examples of protected speech and cannot be censored or withheld. Government interests that would justify confiscation of outgoing mail include- 1. Maintaining facility security. 2. Preventing dangerous conduct, such as an escape plan. 3. Preventing ongoing criminal activity, such as threats of blackmail or extortion, or other similar conduct. 4. Preventing harassment of those who have requested that no mail be sent to them by the incarcerated person. C. Information obtained from incarcerated person mail which may assist law enforcement agencies in prosecuting or investigating a criminal charge or which poses a threat to the safety of staff, incarcerated people or the public may be copied and forwarded to the appropriate agency. 1. The officer who photocopies the letter shall write their name, computer number and date in the upper right hand corner on the copy. 2. If the letter does not directly affect jail security or the safety of any person, the original letter shall be posted to the addressee forthwith. XIX. REJECTION/APPEAL PROCESS Incarcerated people, their correspondents, and publishers may appeal the Jail Division rules, regulations, policies, approved facility procedures and their application related to mail and correspondence. A. All mail rejections will be logged as a General Log entry in the receiving incarcerated person's Offendertrak file. The entry will include the sender's name and address and the specific reason the article was not deliverable. B. Correspondence that contains contraband or is otherwise determined to be unacceptable will be returned to the sender and include notification Page 23 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL as to the reason why it was unacceptable according to Jail policy. The incarcerated person will receive a copy of the General Log entry notifying them of the rejection. C. Mail Unit staff shall notify the Mail Sergeant whenever a decision is made to reject books, magazines, or periodicals. The Lieutenant who supervises the Mail Unit (or authorized designee) will be responsible for making the final decision. The unacceptable publication will be logged as a General Log entry and include the following information: the title of the rejected publication, the sender's name and address, tracking/parcel number (if applicable), the reason the item was rejected (including the specific article or material considered objectionable), and the name of the lieutenant/designee who approved the rejection. D. When a publication is rejected, both the sender and incarcerated person will receive notification of the opportunity to appeal the decision. 1. Incarcerated people may appeal the rejection by following the established grievance procedure. The incarcerated person may appeal the rejection decision within fourteen (14) days of the receipt of notice using an Incarcerated Person Grievance Form (J-105). The grievance must include all the reasons the incarcerated person disagrees with the decision. Further appeal will comply with the established grievance procedures. 2. The rejected publication shall be returned to the sender unless the incarcerated person indicates an intent to file an appeal, in which case the rejected publication shall be retained for review. In case of appeal, if the rejection is sustained, the rejected publication shall be returned when the appeal is completed. 3. A single notification may be sent to the publisher/sender if the publication is received by multiple incarcerated people. The sender may appeal within fourteen (14) days after receipt of the notice. The sender must send the appeal by U.S. mail, addressed to the Jail Operations Bureau Commander, Fresno County Sheriff's Office, 1225 M Street, Fresno, CA 93721. E. Senders will be notified of the appeal decision within ten (10) business days of the receipt of the appeal. The written appeal decision by the Bureau Commander or designee will contain a written explanation detailing the reasons for the rejection. The person involved with the decision to withhold the item shall not be assigned the appeal. Appeal Page 24 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL decisions made by the Bureau Commander or designee are final and exhaust the incarcerated person's administrative remedies. All rejected publications will be held in the Mailroom during the appeal process. F. If the appeal by an incarcerated person or sender overturns the non- delivery decision, the item shall be promptly delivered to the incarcerated person, and the sender shall be notified of the decision. XX. CITIZEN COMPLAINT A. If the receiver of any mail from an incarcerated person, confidential or non-confidential, directs a complaint to a facility official, consideration will be given to any reasonable remedy sought by the individual. This may include- 1. Discussion of the complaint with the incarcerated person in an attempt to resolve the matter. 2. Reading of all mail, including confidential mail addressed to the individual and either disallowing only that which appears to perpetuate the problem, or 3. Disallowing all mail to the individual. B. Complaints and requests for actions which would, if approved, restrict an incarcerated person's correspondence, and any action taken in response to such complaints or requests, will be fully documented. XXI. PERSONAL PROPERTY An excessive accumulation of paper products in an incarcerated person's possession may constitute a fire hazard or pose an unacceptable security risk by providing the means to hide contraband. Aside from making cell searches and the control of contraband difficult, an overabundance of paper products can cause dangerous fire loading. It is therefore important to limit the amount of flammable materials in living areas. A. Individuals are allowed to possess the following items (in a number not to exceed that listed): 1. Five (5) paperback books 2. One (1) dictionary Page 25 of 26 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCARCERATED PERSON CORRESPONDENCE NO: E-120 FILE: MAIL 3. Six (6) magazines 4. Two (2) current newspapers 5. One (1) religious text or holy book (e.g., Bible, Qur'an, etc.) 6. Personal mail and correspondence material shall not exceed an amount which measures 8 '/2" x 11" x 6". B. Property in excess of the quantity permitted will be deemed contraband. Any items in excess of the limitations may be removed and placed in the incarcerated person's bulk property (which can facilitate release to a friend or relative), or rendered useless and discarded. Special accommodations may be made to mail the documents at the incarcerated person's expense. If the incarcerated person makes no selection, staff shall document that fact and determine the method of disposition. C. Legal materials/documents, law books and papers in the possession of an incarcerated person (or contained in an incarcerated person's housing area) shall not exceed an amount which measures 8'/2" x 14" x 24". This amount is in addition to the allowable personal mail and correspondence materials. If the amount of legal material exceeds that amount, the extra legal material shall be properly identified and placed into the incarcerated person's personal property. Legal materials shall not be removed without the incarcerated person's knowledge. D. Staff shall not discard or dispose of incarcerated person correspondence/documents (especially legal material), without involving the incarcerated person in the process and documenting the method of disposition. Page 26 of 26