Hempstead County Detention Facility
312 S. Washington St.
Hope,AR 71801
POLICY #: 5.01 PAGE 1 OF 5
POLICY TITLE: Correspondence Procedures
DATE: February 1, 2012
RELATED ARKANSAS
JAIL STANDARDS: Sections 5-1008, 6-1001, 11-1005-1009
POLICY STATEMENT: Hempstead County Detention Facility officials acknowledge that inmate correspondence with family, friends, business associates, legal representatives, and others is not only important for maintaining order within the facility but, in some cases, is an established right. The Hempstead County Detention Facility will establish a postal system to permit inmate correspondence. Although the withholding of inmate mail is discouraged, mail may be restricted if officials determine that it may jeopardize the security and/or safety of the facility, staff, and others, and then only upon verification that certain procedural guidelines have been followed. Under no circumstances, however, will mail defined as “privileged” by this policy be restricted by any jail employee. Inmates will be advised as to the guidelines regarding the inspection of mail in the Inmate Handbook and upon their admission.
SPECIFIC PROCEDURES:
1. For purposes of this policy, the following definitions shall apply:
A. “Privileged Mail”: Any correspondence made to or from attorney’s, court officials, other government official and/or members of the news media. In order for mail to qualify as “privileged mail” the envelope must have some identifiable markings or title on it (e.g. Mr. John Doe, Attorney at Law; Judge Smith; Ms. Jane Doe, ABC News;, etc). This may also be known as “Legal Mail”
B. “General Mail”: Any correspondence made to or from an inmates friends, family, business Associates, or any other individual not covered under the definition of “ privileged mail”.
General mail may also include any publications, magazines, newspapers, periodicals, journals, and pamphlets received by inmates from their originating source, providing such are permitted by the Sheriff.
POLICY 5.01, “CORRESPONDENCE PROCEDURES” PAGE 2 OF 5
2. Guidelines for the Processing of Incoming Mail:
A. All incoming mail to the jail will be received at the sheriff’s department and will
be forwarded to the jail administrator or designee for delivery to the jail. Mail
delivery will occur every Monday through Friday. Mail received at the Sheriff’s
Department on weekends and holidays will be processed for delivery to the jail
on the next scheduled work day following the weekend or holiday. With the
exception of privileged mail or legal mail, the only type mail the jail staff are
permitted to accept for the inmate is post cards. Other mail will be marked for
return to sender.
B. The Jail Administrator or designee will hand deliver all incoming mail to the
Shift Supervisor or other available jail officer who will be responsible for
distributing such mail to the jail inmates in a manner prescribed by the jail
Administrator:
Any questions as to whether mail is “general” or “privileged” shall be brought to the
attention of the Jail Administrator or Shift Supervisor.
C. Once all mail has been received, the jail officer will begin inspection of all
incoming general mail for contraband. All incoming general mail will be opened
and visually inspected for contraband and/or money. As a general rule, officers
should not read incoming general mail unless there is reason to believe that the
mail may pose a threat to the security of the facility. Officer may, however,
randomly read incoming general mail to determine if any type of threat may
exist. (Note: Under no circumstances will jail officers inspect privileged
mail without being in the presence of the inmate to whom the mail is
addressed.)
D. All inmates will be advised upon their admission that all incoming mail is
subject to examination for contraband. The admitting officer will ensure that all
newly admitted inmates are aware of this policy and requirement. This may be
accomplished by means of having this requirement included in the standardized
jail “rules and inmate regulations” form provided to inmates. All inmates will be
informed that with the exception of privileged or legal mail, they will only be
permitted to send or receive mail in the form of post cards. Envelopes and
writing paper will not be utilized.
POLICY: 5.01 “CORRESPONDENCE PROCEDURES: PAGE 3 OF 5
E. Should any money be found in any general mail, the officer inspection the mail will
forward the money for deposit to the inmates account. The officer will be
responsible for: (1) recording the deposit on the prisoner cash record; (2) completing
a receipt for the money; and , (3) filing and securing all such money in the
appropriate storage cabinet in the inmate’s name to await deposit in to the
appropriate bank account.
F. Once all general mail has been inspected for contraband, the mail will be sorted for
Delivery to each inmate by a designated jail officer.
G. Should privileged mail be opened by an officer accidentally, without being in the
presence of the inmate to whom the mail was addressed, the officer will explain the
circumstances to the inmate and will make a notation of this occurrence in the
inmate’s jail booking record notes.
H. Jail officers will forward all mail addressed to an inmate who is no longer at the
Facility to the Jail Administrator. Every reasonable effort will be made by the Jail
Administrator or designee to forward the mail to the addressee. If forwarding cannot
be accomplished, the Jail Administrator or designee will ensure that the mail is
“returned-to-sender” as soon as possible.
3. Guidelines for the Processing of Outgoing Mail:
A. Jail officers will pick-up all outgoing mail from inmates during the mail delivery
process. With the exception of privileged or legal mail, all outgoing mail from
inmates is restricted to post cards only. Inmates will be instructed to seal all mail
being sent as privileged mail. General mail must be provided to the officer
unsealed.
B. Outgoing mail will be sent for delivery every Monday through Friday, with the
exeption of holidays.
C. Once all outgoing mail has been collected, the mail will be turned over the the
Jail Administrator or other authorized officer to be processed as outgoing mail
Through the Sheriff’s Administration Officer.
D. All collected general mail may be visually inspected by jail officers for
contraband. As a general rule, officers should not read outgoing general mail
unless there is reason to believe that the mal pose a threat to the security of the
facility. Officers may, however, randomly read outgoing general mail to determine
if any type of threat may exist. (Note: Under no circumstances will jail officers
inspect outgoing privileged mail).
POLICY 5.01: “CORRESPONDENCE PROCEDURES” PAGE 4 OF 5
E. Jail officers will further inspect outgoing mail to ensure the following:
1.) That all outgoing mail bears a return address that contains the name of the
inmate sending the item and identifies the address of the sender as the
Hempstead County Detention Facility. Jail officers may provide plain pre-
addressed post cards for this purpose; and,
2.) That postage is contained on all outgoing mail.
NOTE: The Hempstead County Detention Facility will only provide postage
to inmates who are determined to be indigent. For purposes of this policy, an
“indigent” inmate will be classified as any inmate having no funds in his
prisoner account. Classification of an inmate as indigent must be approved by
the Jail Administrator. Inmates classified as indigent will be provided stamps
free of charge. Indigent inmates will be limited to being provided postage for
up to three (3) general items of mail per week. Postage for privileged
correspondence will be provided at the inmates request, but only upon
verification by a jail officer that the correspondence is privileged.
F. Upon inspection of the outgoing general mail, all privileged and general mail will
be collected and hand delivered by an officer to the Sheriff’s Department for
general mailing.
4. Procedures to be Followed Should Outgoing or Incoming Mail be Withheld:
A. A Jail officer may confiscate and withhold any incoming or outgoing general mail
If the officer feels that any part or all of it contains one or more of the following:
1.) Threats of physical harm against any person;
2.) Threats of blackmail or extortion;
3.) Contraband or plans to send contraband to the facility;
4.) Instructions for making weapons, drugs, or alcohol;
5.) Plans to violate any rules and regulations of the facility
6.) Plans to escape or assist in the escape of others;
7.) Plans for the commission of a crime or evidence of a crime;
8.) References to sexual activity that actually threatens jail security; and,
9.) Any other material that actually may threaten the security of the facility.
B. Any jail officer who makes a determination to withhold general mail for any of the
reasons noted in #4 (a), above, will immediately contact the Jail Administrator for a
final determination to be made concerning the handling of such mail.
POLICY 5.01: “CORRESPONDENCE PROCEDURES” PAGE 5 OF 5
C. Should a determination be made to withhold any outgoing or incoming general
mail, the Jail Administrator or designee will notify the inmate in writing that his/
her mail has been withheld and will identify the reason(s) this decision was made.
The Jail Administrator will also notify the sender that his/her/their mail has been
withheld from delivery and will identify the reason(s) this decision was made.
(Note: An exception to this procedure will be in those cases when mail is
discovered to contain evidence of a crime or evidence that a crime may be
committed. In these cases, notification does not need to be mad and the Jail
Administrator will forward the mail to the appropriate law enforcement
authorities for investigation and possible prosecution.)
D. The Jail Administrator and all officers involved in the decision to withhold mail
will make a full and complete notations in the inmate’s jail booking record
to document the circumstances surrounding the event and the action taken.
A copy of all letters sent to notify individuals and inmates that mail has been
withheld will be added to the inmate’s paper booking file. The Jail Administrator
will ensure that copies of the documentation are appropriately filed and maintained.
Reviewed and Approved ________________________
James A. Singleton, Sheriff
Revisions to Section 5.01
Effective
02/01/2012
/s/ J.A. S.
Sheriff
