Correspondence

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement 5265.14 at a glance

Field	Value
Program Statement	5265.14
Subject	Correspondence
Effective / current edition date	April 5, 2011 (printed on the PDF header as “DATE: April 5, 2011”)
Change notice	None. The 2011 edition has never been amended by a change notice
Supersedes / rescinds	P5265.11, Correspondence (7/9/99)
Governing statute	None cited in the Program Statement; the Bureau’s general custodial authority is 18 U.S.C. § 4042
Governing regulation (28 C.F.R.)	Part 540, subpart B — Correspondence, §§ 540.10–540.25 (16 sections). The definition of “special mail” sits one subpart earlier, at § 540.2(c) in subpart A
Related BP forms	BP-A0327 Returned Correspondence; BP-A0328 Stamps, Negotiable Instrument & Other Returned to Sender; BP-A0398 Disposition of General Correspondence While Inmate is Released Temporarily on Writ; BP-A0407 Acknowledgment of Inmate, Part 1 & 2; BP-199 Request for Withdrawal of Inmate’s Personal Funds; BP-329 Request Authorization to Mail Inmate Package
Official PDF	PS 5265.14, Correspondence (Apr. 5, 2011)

Checked against the BOP policy set · 2026-09-06.

Program Statement 5265.14 is the Bureau of Prisons’ instruction to its own staff on how federal prison mail is handled — what staff may open, what they may read, what they may reject, and what postage a person with no money is given. It draws the single line that matters most to a family: ordinary letters (“general correspondence”) can be opened and read at will, while a narrow, listed category called “special mail” may be opened only in front of the incarcerated person and may not be read at all.

If you are writing to someone in federal prison, the companion page how to write to someone in federal prison walks through envelopes, addressing, photographs, TRULINCS labels and what actually gets a letter delivered — the practical side of the same rules. This page is the rule set itself: the special-mail list, the marking language, the rejection grounds and the postage limits, quoted from the Program Statement and the regulation with page pin-cites.

The rule itself: what counts as special mail, and who may open it

The heart of PS 5265.14 is the two-part definition of special mail at 28 C.F.R. § 540.2(c), reproduced verbatim in the Program Statement at pages 3 and 4, together with the marking sentence that makes the protection attach. The list is closed and specific: if the recipient or sender is on it, and the envelope is marked correctly, the letter gets protected handling. If not, it is general correspondence and staff may open, inspect and read it.

Note the asymmetry, because it trips up almost everyone. The outgoing list is much longer than the incoming list. You may send special mail to a state parole commissioner or a state legislator; a letter from that same official coming back to you is not special mail.

Special mail you send out

Reproduced verbatim from the regulation as printed in the Program Statement.

Category of recipient	Included in the outgoing special-mail list
Executive	President and Vice President of the United States
Federal justice	the U.S. Department of Justice (including the Bureau of Prisons); U.S. Attorneys Offices
Federal health	Surgeon General; U.S. Public Health Service
Military	Secretary of the Army, Navy, or Air Force
Federal courts	U.S. Courts (including U.S. Probation Officers)
Congress	Members of the U.S. Congress
Foreign missions	Embassies and Consulates
State executive	Governors; State Attorneys General; Prosecuting Attorneys; Directors of State Departments of Corrections; State Parole Commissioners
State legislative	State Legislators
State courts	State Courts; State Probation Officers
Law enforcement	other Federal and State law enforcement offices
Private	attorneys; representatives of the news media

Source: PS 5265.14 at p. 3, quoting 28 C.F.R. § 540.2(c). The Program Statement adds one gloss on the same page: “The Centers for Disease Control (CDC) is part of the U.S. Public Health Service; correspondence sent to the CDC is considered special mail.”

Special mail you receive

Category of sender	Included in the incoming special-mail list
Executive	President and Vice President of the United States
Private	attorneys
Congress	Members of the U.S. Congress
Foreign missions	Embassies and Consulates
Federal justice	the U.S. Department of Justice (excluding the Bureau of Prisons but including U.S. Attorneys)
Law enforcement	other Federal law enforcement officers
State executive	State Attorneys General; Prosecuting Attorneys; Governors
Federal courts	U.S. Courts (including U.S. Probation Officers)
State courts	State Courts

Source: PS 5265.14 at p. 4, quoting 28 C.F.R. § 540.2(c).

The marking that makes the protection attach

The regulation states the condition in one sentence: “For incoming correspondence to be processed under the special mail procedures (see §§ 540.18-540.19), the sender must be adequately identified on the envelope, and the front of the envelope must be marked ‘Special Mail—Open only in the presence of the inmate’.” Two things, both required — an identified sender and the marking, on the front of the envelope.

For attorney mail specifically, § 540.19(b) places the burden on the incarcerated person, not on the lawyer: “The inmate is responsible for advising any attorney that correspondence will be handled as special mail only if the envelope is marked with the attorney’s name and an indication that the person is an attorney, and the front of the envelope is marked ‘Special Mail — Open only in the presence of the inmate’.” (PS 5265.14 at p. 16.)

The Program Statement then gives staff two pieces of slack, and both are worth knowing because they can be pointed out to a mailroom. First, at p. 14: mail that misses a requirement may still be given special handling — “For example, mail from the chambers of a Federal judge or from a Member of Congress should be given special handling even if it does not have a special mail marking on the envelope.” Second, at p. 15: “Examples of similar markings include ‘Attorney-Client — Open only in the presence of the inmate’ and ‘Legal Mail — Open only in the presence of the inmate.'”

General mail versus special mail, side by side

Question	General correspondence	Special mail
Who opens incoming mail, and where	“Institution staff shall open and inspect all incoming general correspondence” (§ 540.14(a))	“The Warden shall open incoming special mail only in the presence of the inmate” (§ 540.18(a))
May staff read it	Yes — “Incoming general correspondence may be read as frequently as deemed necessary to maintain security or monitor a particular problem” (§ 540.14(a))	No — “The correspondence may not be read or copied if the sender is adequately identified on the envelope, and the front of the envelope is marked ‘Special Mail — Open only in the presence of the inmate'” (§ 540.18(a))
What staff inspect for	Contraband and content	“physical contraband and the qualification of any enclosures as special mail” (§ 540.18(a))
Outgoing mail	Sealed by the sender at some security levels; subject to inspection and reading at medium, high and administrative institutions	“outgoing special mail may be sealed by the inmate and is not subject to inspection” (§ 540.18(c)(1))
If the envelope is unmarked or the sender is not identified	n/a	“staff may treat the mail as general correspondence and may open, inspect, and read the mail” (§ 540.18(b))
Logging on delivery	Not required	Staff mark the envelope with date and time of receipt, date and time of delivery and opening in the person’s presence, and the delivering staff member’s name; the person “may be asked to sign as receiving the incoming legal mail” (§ 540.19(a))
Stamp on outgoing mail	None	Staff stamp the back with a notice that the letter “has neither been opened nor inspected” (§ 540.18(d))

Source: PS 5265.14 at pp. 8, 14–17; 28 C.F.R. §§ 540.14, 540.18, 540.19.

Restricted special mail status

There is one route by which outgoing special mail loses its seal. Under § 540.18(c)(2), a person “may be placed on restricted special mail status if the Warden, with the concurrence of the Regional Counsel, documents in writing that the special mail either has posed a threat or may pose a threat of physical harm to the recipient.” The Warden must notify the person in writing of the reason. Materials must then be presented to staff, inspected for contraband in the person’s presence, sealed in front of staff and handed over. Staff may read it only “[i]f the intended recipient of the special mail has so requested … for the purpose of verifying that the special mail does not contain a threat of physical harm.”

Two safeguards sit in the same subsection. The Warden “shall review an inmate’s restricted special mail status at least once every 180 days,” and the person must be notified of the result. And “[a]n inmate on restricted mail status may seek review of the restriction through the Administrative Remedy Program” — the BP-9 / BP-10 / BP-11 process. (PS 5265.14 at pp. 15–16.)

The grounds for rejecting a letter

Section 540.14(d) sets the standard first and then lists examples: the Warden “may reject correspondence sent by or to an inmate if it is determined detrimental to the security, good order, or discipline of the institution, to the protection of the public, or if it might facilitate criminal activity.” The list that follows is expressly open-ended — “includes, but is not limited to.”

#	Correspondence that may be rejected
(1)	Matter which is nonmailable under law or postal regulations
(2)	Matter which depicts, describes, or encourages activities which may lead to the use of physical violence or group disruption
(3)	Information of escape plots, of plans to commit illegal activities, or to violate Bureau rules or institution guidelines
(4)	Direction of an inmate’s business. An inmate, unless a pre-trial detainee, may not direct a business while confined
(5)	Threats, extortion, obscenity, or gratuitous profanity
(6)	A code
(7)	Sexually explicit material (for example, personal photographs) which by its nature or content poses a threat to an individual’s personal safety or security, or to institution good order
(8)	Contraband. A package received without prior authorization by the Warden is considered to be contraband

Source: PS 5265.14 at pp. 9–10, quoting 28 C.F.R. § 540.14(d).

Item (4) has a carve-out that matters to families managing a household: the regulation “does not, however, prohibit correspondence necessary to enable an inmate to protect property and funds that were legitimately the inmate’s at the time of commitment. Thus, for example, an inmate may correspond about refinancing an existing mortgage or sign insurance papers, but may not operate a mortgage or insurance business while in the institution.” (PS 5265.14 at pp. 9–10.)

What has to happen when mail is rejected

Section 540.13 is short and binding, and it runs in both directions. The Warden “shall notify the sender in writing of the rejection and the reasons for the rejection,” “shall also give notice that the sender may appeal the rejection,” and “shall also notify an inmate of the rejection of any letter addressed to that inmate, along with the reasons for the rejection and shall notify the inmate of the right to appeal.” The appeal goes to a fresh set of eyes: the Warden “shall refer an appeal to an official other than the one who originally disapproved the correspondence.”

Rejected mail goes back to the sender — with one exception. Where the correspondence “includes plans for or discussion of commission of a crime or evidence of a crime … there is no need to return the correspondence or give notice of the rejection,” and it is referred to law enforcement. Contraband also need not be returned.

The Program Statement adds three implementing details at p. 7: the Warden “may not delegate the authority to reject correspondence or sign notification letters below the level of Associate Warden”; the rejection notice goes out on BP-A0327, Returned Correspondence, with “nuisance” contraband returned on BP-A0328; and “[i]n case of rejection, the offending content is reproduced and retained for a reasonable period (at least 3 months), to have it available if the rejection is appealed.” A non-incarcerated sender who appeals a Warden’s initial rejection has that appeal “referred to the Regional Office.”

Postage, stamps and what a person with no money gets

The regulation puts postage on the incarcerated person — “Except as provided in paragraphs (d), (e), (f), and (i) of this section, postage charges are the responsibility of the inmate” — and then carves out four exceptions. The numbers below are the Bureau’s own implementing instructions in PS 5265.14; the regulation itself sets no figures, so a Warden’s local supplement controls the detail.

Item	What PS 5265.14 states	Pin-cite
Commissary purchase limit per visit	Local guidelines “ordinarily limit an inmate’s commissary purchase per visit to 20 postage stamps (denomination for first-class, domestic, 1-ounce mailing), or the equivalent”; if visits are weekly or less often, the Warden may authorize an additional purchase	p. 18
Stamps a person may possess at one time	Local guidelines limit possession “at one time to no more than 60 (denomination for first-class, domestic, 1-ounce mailing), or the equivalent.” The Warden may authorize a specified amount above this	p. 18
Purchases above the per-visit limit	More than 20 stamps per commissary visit “only upon approval of the associate warden. This authority may not be delegated below unit manager”	p. 18
Legal and administrative-remedy mail with no funds	The Warden “will … [p]rovide an inmate who has neither funds nor postage up to five postage stamps … or the equivalent each week, for legal mail or Administrative Remedy filing”	p. 19
Letters to keep family ties, with no funds	The Warden “shall provide the postage stamps for mailing a reasonable number of letters at government expense to enable the inmate to maintain community ties.” PS: “Five letters per month are suggested as reasonable in most circumstances”	pp. 19–20
Holdovers and pretrial	“[A] reasonable number of stamps for the mailing of letters at government expense.” PS: “Three letters per week is suggested as reasonable in most circumstances”	p. 20
Emergencies	“Mailing at government expense is also allowed for necessary correspondence in verified emergency situations for inmates with neither funds nor sufficient postage”	p. 19
Definition of “inmate without funds”	“an inmate without sufficient commissary balance to purchase a postage stamp sufficient for first-class, 1-ounce domestic mailing” (or half-ounce international air mail where community ties require foreign correspondence)	pp. 19–20
Paper and envelopes	“Writing paper and envelopes are provided at no cost to the inmate”	p. 19
Stamps mailed in from outside	Not permitted — stamps and stamped items may be obtained only “by issuance from the institution or by purchase from commissary”; those sent in are returned to the sender on BP-A0328	p. 20

Source: PS 5265.14 at pp. 18–20; 28 C.F.R. § 540.21.

Money sent inside an envelope

One more rule causes more lost money than any other in this Program Statement. Under § 540.23, “funds enclosed in inmate correspondence are to be rejected. Deposits intended for the inmate’s commissary account must be mailed directly to the centralized commissary account (see 28 CFR part 506).” That is not a formality — 28 C.F.R. § 506.2 provides that “[f]amily and friends must mail deposits to the centralized inmate commissary account at the address we provide,” that “[t]he deposit envelope must not contain any enclosures intended for delivery to the inmate,” and that the deposit “must be in the form of a money order made out to the inmate’s full name and complete register number.” A check tucked into a letter comes back on BP-A0328. Sending money is covered on the trust fund and commissary policy page.

What the correspondence rules mean for you

If you are the person inside: three habits that protect you

Three habits protect you. First, tell every attorney, in writing, exactly how to mark the envelope — their name, an indication that they are an attorney, and “Special Mail — Open only in the presence of the inmate” on the front. Section 540.19(b) makes that your responsibility, and a mailroom that opens an unmarked envelope has not broken the rule. Second, if legal mail arrives already opened, say so at the time and ask that it be noted in the legal-mail log the Program Statement directs staff to keep at p. 16 — a contemporaneous entry is worth far more later than a memory. Third, if you have no money, the free-postage provisions for legal mail and administrative remedies are separate from the community-ties allowance; ask for them by name and by subsection, because they come from different paragraphs of § 540.21 and are approved by different staff.

If a letter you sent or expected was rejected, you are entitled to written notice with reasons and notice of your right to appeal. Keep the BP-A0327. The offending content is retained for at least three months for exactly this purpose, and the appeal has to go to someone other than the person who rejected it.

If you are a family member: addressing mail correctly

Put the register number on the envelope and on anything you send. Never put money — cash, a check, a money order, or stamps — inside a letter; it will be rejected, returned to you if you gave a return address, and in some cases sent to the U.S. Treasury if you did not. Photographs are the second most common rejection: the Program Statement instructs that “ordinarily an inmate is not permitted to receive through the mail a personal photograph in which the subject is nude, displays genitalia or female breasts, or when the photo depicts sexual suggestive acts” (PS 5265.14 at p. 9). Clippings from magazines and newspapers count as correspondence for this purpose, not as publications.

If your letter is rejected, you get written notice and you may appeal — and that appeal, where the Warden made the first call, is referred to the Regional Office. You are the person with standing to complain about your own letter. Do not rely on your loved one to fix it from inside; both of you have separate notice and appeal rights under § 540.13.

If you are counsel: correspondence and legal mail

The special-mail protection is entirely conditional and entirely on the envelope. Mark every envelope with your name, an indication that you are an attorney, and the quoted phrase on the front; anything less converts privileged mail into readable general correspondence under § 540.18(b). Do not treat the Program Statement’s “similar markings” gloss at p. 15 as a safe harbor — it is permissive (“may be given special handling”), not mandatory.

If the mailroom is opening marked legal mail outside your client’s presence, the record you want is the § 540.19(a) log: date and time of receipt, date and time of delivery and opening, and the delivering staff member’s name. Preserve it early. Where the Bureau moves to limit an attorney’s correspondence rights, § 540.19(c) points to part 543, subpart B for the grounds and directs that “the Warden shall give written notice to the attorney and the inmate affected” — the procedure is set out on the inmate legal activities policy page. Note also the two Supreme Court standards that sit behind this Program Statement and are not interchangeable: Procunier v. Martinez, 416 U.S. 396 (1974), governs outgoing mail and requires that a censorship regulation “further an important or substantial governmental interest unrelated to the suppression of expression” and be “no greater than is necessary or essential”; Thornburgh v. Abbott, 490 U.S. 401 (1989), held that “the logic of our analyses in Martinez and Turner requires that Martinez be limited to regulations concerning outgoing correspondence,” leaving incoming material to the more deferential reasonableness test.

What changed with Program Statement 5265.14

PS 5265.14 took effect on April 5, 2011 and rescinded P5265.11, Correspondence (7/9/99) — a twelve-year gap. The header block at p. 1 lists what the 2011 edition altered, and two of those changes still shape day-to-day practice fifteen years later.

The first: “Now requires that funds intended for an inmate’s commissary account will be mailed by the sender directly to the centralized commissary account center.” That is the moment the Bureau stopped accepting money at the institution’s own address and moved deposits to a single national processing point. Families who still mail a money order to the prison are following pre-2011 practice, and it is the single most common reason funds go missing.

The second: “Eliminates outgoing special/legal mail drop-boxes.” Under § 540.11 the Warden may still establish a separate depository for outgoing special mail, but the 2011 edition removed the standing requirement. The same section directs that detention-facility Wardens establish a depository allowing an attorney to hand-deliver legal mail.

Three smaller 2011 changes: institutions with a TRULINCS-generated mailing label system “will ensure inmates use the mailing labels on all outgoing correspondence”; the requirement to re-obtain authorization to correspond with an already-approved immediate family member or co-defendant in another facility was eliminated; and general mail for a transferred person is now forwarded for 30 days, after which it is returned marked “Not at this address — return to sender” (PS 5265.14 at p. 23).

What has not changed is the regulation. Subpart B has not been amended since the Program Statement issued; § 540.21 still carries its 1999 amendment note (64 FR 32171) and § 540.18 its 1997 note (62 FR 65185). So on this topic — unusually for the Bureau — the policy and the binding rule are in step. The one wrinkle worth flagging is placement: the definition every reader needs, § 540.2, lives in subpart A, not in the correspondence subpart, so a search that stops at “part 540 subpart B” misses it.

Where people get stuck when legal mail is opened

Legal mail opened outside your presence

This is the most frequent complaint and the one with the clearest paper trail. Start with an Inmate Request to Staff, BP-A0148 (the “cop-out”), addressed to the mailroom supervisor, naming the date, the sender and what was opened, and asking that the § 540.19(a) log entry be produced. If that does not resolve it, the administrative remedy path runs informal resolution → BP-9 within 20 calendar days of the date the basis for the request occurred (28 C.F.R. § 542.14) → BP-10 to the Regional Director within 20 calendar days of the Warden’s signed response → BP-11 to the General Counsel within 30 calendar days of the Regional Director’s signed response (§ 542.15). If no response arrives within the time allowed, § 542.18 lets you “consider the absence of a response to be a denial at that level” and move up. The whole route is mapped on the administrative remedy program page and in plainer terms at prison grievances.

A rejected letter with no written notice

Section 540.13 makes the notice mandatory and gives it to both the sender and the addressee, each with an appeal right. If a letter simply vanished and nobody was told, that is the violation to raise — not the merits of the rejection. Ask for the BP-A0327 by name. Remember the retention rule: the offending content is kept at least three months, so an appeal filed promptly can be decided on the actual material rather than on recollection.

Photographs and clippings that keep coming back

Two different rules are at work and people conflate them. Personal photographs and clippings are correspondence, judged under § 540.14(d)(7) and the Program Statement’s guidance at p. 9. Magazines, books and catalogs are publications, judged under a different subpart with a different list of grounds and a separate independent-review track — see the incoming publications policy page. Arguing the wrong standard on a BP-9 wastes the filing. Note also the Program Statement’s own instruction that “[m]ultiple copies of printed materials intended for inmate distribution and third-party mailing are also considered contraband” (PS 5265.14 at p. 10) — bulk mailings from advocacy groups are frequently rejected on that basis.

Restricted general or special mail status

These are two separate restrictions with two separate triggers, and they are often confused. Restricted general correspondence under § 540.15 limits you to an approved list and rests on misconduct or classification; where there is no incident report, the Warden “[s]hall advise the inmate in writing of the reasons.” Restricted special mail status under § 540.18(c)(2) is narrower, requires Regional Counsel’s concurrence and a written finding of a threat of physical harm, and must be reviewed at least every 180 days. Both are reviewable through the administrative remedy program. If the restriction is tied to a disciplinary finding, the underlying incident report is the thing to attack first — see the inmate discipline program page.

Related BOP policy on correspondence and mail

Page	What it covers
How to write to someone in federal prison	Addressing, envelopes, photos, TRULINCS labels — the practical companion to this rule set
Incoming Publications (PS 5266.11)	Books, magazines, newspapers and catalogs — a different subpart and a different rejection list
Inmate Legal Activities (PS 1315.08)	Attorney visits, legal calls, law library access and attorney-correspondence limits
Inmate Telephone Regulations (PS 5264.08)	Phone minutes, monitoring and unmonitored attorney calls
Visiting Regulations (PS 5267.09)	Visiting lists, approval and denial
Mail Management Manual (PS 5800.16)	The operational manual PS 5265.14 repeatedly cross-references
Administrative Remedy Program (PS 1330.18)	The BP-9 / BP-10 / BP-11 route and its deadlines
Trust Fund and Commissary (PS 4500.13)	Where money must actually be sent, and the commissary spending limit
Commissary items and canteen	What can be bought inside, including postage stamps

Frequently Asked Questions About Inmate Correspondence

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Program Statement 5265.14 — full text

What follows is the Bureau’s own text, reproduced in full from its published PDF — nothing summarized, nothing cut. The official version is posted by the Bureau here: PS 5265.14 (PDF).

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI: CPD/CPB NUMBER: 5265.14 DATE: April 5, 2011

Correspondence

/s/ Approved: Harley G. Lappin Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

§ 540.10 Purpose and scope.

The Bureau of Prisons encourages correspondence that is directed to socially useful goals. The Warden shall establish correspondence procedures for inmates in each institution, as authorized and suggested in this rule.

Institution guidelines concerning correspondence will be made widely available to staff and inmates through posting on bulletin boards, placement in the institution library, or other appropriate means.

a. Summary of Changes

Policy Rescinded

This edition of the Program Statement incorporates changes that have occurred since its last publication and initiatives resulting from the Reduction and Elimination of Duties Management Assessment Project (REDMAP):

• Now requires that funds intended for an inmate‟s commissary account will be mailed by the sender directly to the centralized commissary account center.
• Eliminates outgoing special/legal mail drop-boxes.

Federal Regulations from 28 CFR are shown in this type. Implementing instructions are shown in this type.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 2

• Institutions with a TRULINCS-generated mailing label system will ensure inmates use the mailing labels on all outgoing correspondence.
• Eliminates requirement to obtain subsequent authorization for inmates‟ with prior approval to correspond with immediate family members or co-defendants housed in a federal or non-federal facility.

b. Program Objectives. Expected results of this program are:

• Inmates will be able to send and receive correspondence per established procedures.
• Incoming and outgoing general correspondence will be subject to monitoring, reading, and inspection.
• Restrictions on general correspondence will be enforced for an inmate because of misconduct or for classification purposes.
• Incoming correspondence deemed inappropriate will be rejected.
• An inmate without funds will be provided a limited amount of postage stamps and mailing materials.
• An inmate will be permitted to possess a limited quantity of postage stamps.
• An inmate will be permitted to receive funds through the mail.

c. Pretrial, Holdover, and Detainee Inmates. Specific sections of this Program

Statement pertain to either designated inmates or inmates in pretrial, detainee, or holdover status.

2. DEFINITIONS

§ 540.2 Definitions.

(a) General correspondence means incoming or outgoing correspondence other than special mail. General correspondence includes packages sent through the mail.

General correspondence refers to traditional mail sent or received via the U.S. Postal Service. For the purpose of this policy, general correspondence refers to inmate mail only.

The Warden or designee must give prior approval for an inmate to receive or send a package (see the Program Statement Mail Management Manual). Procedures for incoming publications are discussed in the Program Statement Incoming Publications. Procedures for inmate electronic messaging are addressed in the Program Statement Trust Fund Limited Inmate Computer System (TRULINCS) — Electronic Messaging.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 3

(1) Open general correspondence means general correspondence which is not limited to a list of authorized correspondents, except as provided in § 540.17.

28 CFR § 540.17 refers to Section 9 of this Program Statement.

(2) Restricted general correspondence means general correspondence which is limited to a list of authorized correspondents.

(b) Representatives of the news media means persons whose principal employment is to gather or report news for:

(1) A newspaper which qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of “general circulation” if it circulates among the general public and if it publishes news of a general character of general interest to the public such as news of political, religious, commercial, or social affairs. A key test to determine whether a newspaper qualifies as a “general circulation” newspaper is to determine whether the paper qualifies for the purpose of publishing legal notices in the community in which it is located or the area to which it distributes;

(2) A news magazine which has a national circulation and is sold by newsstands and by mail subscription to the general public;

(3) A national or international news service; or

(4) A radio or television news program, whose primary purpose is to report the news, of a station holding a Federal Communications Commission license.

(c) Special mail means correspondence sent to the following: President and Vice President of the United States, the U.S. Department of Justice (including the Bureau of Prisons), U.S. Attorneys Offices, Surgeon General, U.S. Public Health Service, Secretary of the Army, Navy, or Air Force, U.S. Courts (including U.S. Probation Officers), Members of the U.S. Congress, Embassies and Consulates, Governors, State Attorneys General, Prosecuting Attorneys, Directors of State Departments of Corrections, State Parole Commissioners, State Legislators, State Courts, State Probation Officers, other Federal and State law enforcement offices, attorneys, and representatives of the news media.

The Centers for Disease Control (CDC) is part of the U.S. Public Health Service; correspondence sent to the CDC is considered special mail.

An inmate is expected to use the special mail privilege responsibly. Refer questions concerning alleged abuses to the Office of General Counsel.

P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 4

Special mail also includes correspondence received from the following: President and Vice President of the United States, attorneys, Members of the U.S. Congress, Embassies and Consulates, the U.S. Department of Justice (excluding the Bureau of Prisons but including U.S. Attorneys), other Federal law enforcement officers, State Attorneys General, Prosecuting Attorneys, Governors, U.S. Courts (including U.S. Probation Officers), and State Courts. For incoming correspondence to be processed under the special mail procedures (see §§ 540.18–540.19), the sender must be adequately identified on the envelope, and the front of the envelope must be marked “Special Mail — Open only in the presence of the inmate”.

28 CFR §§ 540.18-19 refers to Sections 10 and 11, respectively, of this Program Statement.

d. Warden is defined in 28 CFR 500.1, separately published, as “… the chief executive officer of a U.S. Penitentiary, Federal Correctional Institution, Medical Center for Federal Prisoners, Federal Prison Camp, Federal Detention Center, Metropolitan Correctional Center, or any federal penal or correctional institution or facility. „Warden‟ also includes any staff member with authority explicitly delegated by any chief executive officer.”

3. MAIL DEPOSITORIES

§ 540.11 Mail depositories.

The Warden shall establish at least one mail depository within the institution for an inmate to place outgoing correspondence. The Warden may establish a separate mail depository for outgoing special mail. Each item placed in a mail depository must contain a return address. (see § 540.12(d)).

28 CFR § 540.12(d) refers to Section 4.d. of this Program Statement.

The Warden of Federal Detention Centers, Metropolitan Correctional Centers, and Metropolitan Detention Centers will establish a mail depository to allow an attorney to “hand-deliver” legal mail to the institution (see the Mail Management Manual). Other facilities housing pretrial inmates may also establish a mail depository for attorneys to “hand-deliver” special mail.

4. CONTROLS AND PROCEDURES

§ 540.12 Controls and procedures.

(a) The Warden shall establish and exercise controls to protect individuals, and the security, discipline, and good order of the institution. The size, complexity, and security level of the institution, the degree of sophistication of the inmates confined, and other variables require flexibility in correspondence procedures. All Wardens shall establish open general correspondence procedures.

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Open general correspondence privileges may be given to inmates who are able to exercise them responsibly. Care should be taken during orientation and thereafter to help inmates understand their responsibility for open correspondence privileges.

(b) Staff shall inform each inmate in writing promptly after arrival at an institution of that institution’s rules for handling of inmate mail. This notice includes the following statement:

The staff of each institution of the Bureau of Prisons has the authority to open all mail addressed to you before it is delivered to you. “Special Mail” (mail from the President and Vice President of the U.S., attorneys, Members of the U.S. Congress, Embassies and Consulates, the U.S. Department of Justice (excluding the Bureau of Prisons but including U.S. Attorneys), other Federal law enforcement officers, State Attorneys General, Prosecuting Attorneys, Governors, U.S. Courts (including U.S. Probation Officers), and State Courts) may be opened only in your presence to be checked for contraband. This procedure occurs only if the sender is adequately identified on the envelope and the front of the envelope is marked “Special Mail — Open only in the presence of the inmate.” Other mail may be opened and read by the staff.

If you do not want your general correspondence opened and read, the Bureau will return it to the Postal Service. This means that you will not receive such mail. You may choose whether you want your general correspondence delivered to you subject to the above conditions, or returned to the Postal Service. Whatever your choice, special mail will be delivered to you, after it is opened in your presence and checked for contraband. You can make your choice by signing Part I or Part II.

If the inmate elects not to have his/her general correspondence opened and read or refuses to sign the notice, a copy of the refusal is forwarded to the mail room (notice follows this section).

Part I — General Correspondence to be Returned to the Postal Service

I have read or had read to me the foregoing notice regarding mail. I do not want my general correspondence opened and read. I REQUEST THAT THE BUREAU

OF PRISONS RETURN MY GENERAL CORRESPONDENCE TO THE POSTAL

SERVICE. I understand that special mail will be delivered to me, after it is opened in my presence and checked for contraband.

(Name) (Reg. No.) (Date)

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Part II — General Correspondence to be Opened, Read, and Delivered

I have read or had read to me the foregoing notice regarding mail, I WISH TO RECEIVE MY GENERAL CORRESPONDENCE. I understand that the Bureau of Prisons may open and read my general correspondence if I choose to receive same. I also understand that special mail will be delivered to me, after it is opened in my presence and checked for contraband.

(Name) (Reg. No.) (Date)

_____________________________________________________________________

Inmate , refused to sign this form. He (she) was (NAME) (REG. NO.) advised by me that the Bureau of Prisons retains the authority to open and read all general correspondence. The inmate was also advised that his (her) refusal to sign this form will be interpreted as an indication that he (she) wishes to receive general correspondence subject to the conditions in Part II above.

Staff Member’s Signature Date

The above notice is included as part of the Acknowledgment of Inmate (BP-A0407).

(c) Staff shall inform an inmate that letters placed in the U.S. Mail are placed there at the request of the inmate and the inmate must assume responsibility for the contents of each letter. Correspondence containing threats, extortion, etc., may result in prosecution for violation of federal laws. When such material is discovered, the inmate may be subject to disciplinary action, the written material may be copied, and all material may be referred to the appropriate law enforcement agency for prosecution.

(d) The inmate is responsible for filling out the return address completely on envelopes provided for the inmate’s use by the institution. If the inmate uses an envelope not provided by the institution, the inmate is responsible for ensuring that the envelope used contains all return address information listed on the envelope provided by the institution.

All envelopes, whether preprinted envelopes ordered through UNICOR or written by the inmate, must have a return address with the:

• Inmate‟s name.
• Register number.
• Name of the institution.

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• P.O. Box (or street address if there is no P.O. Box).
• City, state, and ZIP code.

In addition, all outgoing mail, for institutions with a TRULINCS-generated mailing label system, must utilize these mailing labels on all outgoing correspondence, in accordance with the Program Statement Trust Fund Limited Inmate Computer System (TRULINCS) — Electronic Messaging. Consistent with this TRULINCS Program Statement, if an inmate fails to place the TRULINCS-generated label on outgoing postal mail, the mail is returned to the inmate for proper preparation.

5. NOTIFICATION OF REJECTIONS

§ 540.13 Notification of rejections.

When correspondence is rejected, the Warden shall notify the sender in writing of the rejection and the reasons for the rejection. The Warden shall also give notice that the sender may appeal the rejection. The Warden shall also notify an inmate of the rejection of any letter addressed to that inmate, along with the reasons for the rejection and shall notify the inmate of the right to appeal the rejection. The Warden shall refer an appeal to an official other than the one who originally disapproved the correspondence. The Warden shall return rejected correspondence to the sender unless the correspondence includes plans for or discussion of commission of a crime or evidence of a crime, in which case there is no need to return the correspondence or give notice of the rejection, and the correspondence should be referred to appropriate law enforcement authorities. Also, contraband need not be returned to the sender.

The Warden may not delegate the authority to reject correspondence or sign notification letters below the level of Associate Warden.

Section 6.d outlines the basis for determining whether correspondence should be rejected. Returned Correspondence (BP-A0327) is used to notify the involved parties of the rejection. “Nuisance” contraband is returned to the sender using Stamps, Negotiable Instrument & Other Returned to Sender (BP-A0328).

The Warden acknowledges receipt of an appeal from the sender of a rejected letter and designates the appropriate staff to respond. When the Warden makes the initial rejection, a subsequent appeal by a non-inmate sender is referred to the Regional Office.

If the Warden is doubtful about the propriety of an incoming or outgoing letter or has questions concerning the interpretation of regulations, he/she may refer the problem to the Regional Correctional Programs Administrator or the Regional Counsel. In case of rejection, the offending content is reproduced and retained for a reasonable period (at least 3 months), to have it available if the rejection is appealed.

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6. GENERAL CORRESPONDENCE

§ 540.14 General correspondence.

(a) Institution staff shall open and inspect all incoming general correspondence. Incoming general correspondence may be read as frequently as deemed necessary to maintain security or monitor a particular problem confronting an inmate.

(b) Except for “special mail,” outgoing mail from a pretrial inmate may not be sealed by the inmate and may be read and inspected by staff.

(c) (1) Outgoing mail from a sentenced inmate in a minimum or low security level institution may be sealed by the inmate and, except as provided for in paragraphs (c)(1)(i) through (iv) of this section, is sent out unopened and uninspected. Staff may open a sentenced inmate’s outgoing general correspondence:

(i) If there is reason to believe it would interfere with the orderly running of the institution, that it would be threatening to the recipient, or that it would facilitate criminal activity;

(ii) If the inmate is on a restricted correspondence list;

(iii) If the correspondence is between inmates (see § 540.17); or

28 CFR § 540.17 refers to Section 9 of this Program Statement.

(iv) If the envelope has an incomplete return address.

(2) Except for “special mail,” outgoing mail from a sentenced inmate in a medium or high security level institution, or an administrative institution may not be sealed by the inmate and may be read and inspected by staff.

See the Program Statement Inmate Security Designation and Custody Classification for identification of security levels.

(3) Mail Monitoring. Each institution establishes procedures for monitoring incoming and outgoing mail. Institutions may wish to give closer scrutiny to incoming and outgoing mail of inmates, for example, who:

• Participated in criminal activity of a sophisticated nature.
• Committed crimes that involved mail or fraudulent schemes.
• Are considered escape risks.

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• Present management problems (i.e., interference /disruption of the orderly running of the institution).

The staff member designated to supervise correspondence may keep a list of such inmates. Monitoring procedures may not interfere with mail handling.

(4) Reading and Inspection. As stated in this section, all incoming general correspondence and outgoing mail in medium, high, and administrative institutions (except “special mail”) is subject to random reading by correctional staff. The objectives of reading mail differ from the objectives of inspection. For inspection (to which all incoming general correspondence is subjected), the objective is primarily to detect contraband. The random reading of mail is intended to reveal, for example, escape plots, plans to commit illegal acts, plans to violate institution rules, or other security concerns.

(5) Disclosure. When reading correspondence, a staff member may incidentally learn information about the private lives of inmates or their correspondents. Bureau staff must be sensitive to the fact that most information in correspondence is private, and must be handled discreetly. Unless there is a legitimate correctional concern relating to security, safety, orderly running of the institution, criminal activity, or inmate rehabilitation, the contents of reviewed correspondence should not be revealed to any other person.

(d) The Warden may reject correspondence sent by or to an inmate if it is determined detrimental to the security, good order, or discipline of the institution, to the protection of the public, or if it might facilitate criminal activity. Correspondence which may be rejected by a Warden includes, but is not limited to, correspondence which contains any of the following:

(1) Matter which is nonmailable under law or postal regulations;

(2) Matter which depicts, describes, or encourages activities which may lead to the use of physical violence or group disruption;

This includes any printed material individually identified as placing that inmate, another inmate, or staff at risk of assault or other safety concerns.

(3) Information of escape plots, of plans to commit illegal activities, or to violate Bureau rules or institution guidelines;

(4) Direction of an inmate’s business (See § 541.13, Prohibited Act No. 408). An inmate, unless a pre-trial detainee, may not direct a business while confined.

This does not, however, prohibit correspondence necessary to enable an inmate to protect property and funds that were legitimately the inmate’s at the time of commitment. Thus, for example, an inmate may correspond about refinancing an

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existing mortgage or sign insurance papers, but may not operate a mortgage or insurance business while in the institution.

§ 541.13, Prohibited Act No. 408, refers to Chapter 4 of the Program Statement Inmate Discipline and Special Housing Units.

(5) Threats, extortion, obscenity, or gratuitous profanity;

(6) A code;

(7) Sexually explicit material (for example, personal photographs) which by its nature or content poses a threat to an individual’s personal safety or security, or to institution good order; or

Nude or sexually suggestive photos (individual prints or copies as opposed to those from publications) present a special concern for personal safety, security, and good order. This is particularly true when the subject is an inmate‟s relative, friend, or acquaintance. For these reasons, ordinarily an inmate is not permitted to receive through the mail a personal photograph in which the subject is nude, displays genitalia or female breasts, or when the photo depicts sexual suggestive acts such as intercourse, fellatio, or sodomy.

The exclusion of this or similar materials is determined by whether it would be detrimental to an individual‟s safety or security, or to institution good order, if it were in the inmate‟s possession. For purposes of this section, clippings from publications are considered correspondence. For the rule on publications, see the Program Statement Incoming Publications.

(8) Contraband. (See § 500.1 of this chapter. A package received without prior authorization by the Warden is considered to be contraband.)

28 CFR 500.1 is contained in Section 2.d. of this Program Statement.

Multiple copies of printed materials intended for inmate distribution and third-party mailing are also considered contraband.

7. RESTRICTED GENERAL CORRESPONDENCE

§ 540.15 Restricted general correspondence.

(a) The Warden may place an inmate on restricted general correspondence based on misconduct or as a matter of classification.

For this restriction, the term “classification” is used to identify categories of behavior.

Determining factors include the inmate’s:

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(1) Involvement in any of the activities listed in § 540.14(d);

28 CFR § 540.14(d) is contained in Section 6.d. of this Program Statement.

(2) Attempting to solicit funds or items (e.g., samples), or subscribing to a publication without paying for the subscription;

(3) Being a security risk;

(4) Threatening a government official; or

(5) Having committed an offense involving the mail.

(b) The Warden may limit to a reasonable number persons on the approved restricted general correspondence list of an inmate.

A recommendation to place an inmate on restricted correspondence is made by the unit team during the inmate‟s program review or by the Unit Disciplinary Committee (UDC) or Disciplinary Hearing Officer (DHO), when restricted correspondence is required by an infraction of an institution rule.

Action taken by the UDC or DHO as a disciplinary sanction is ordinarily based on a finding of violation of correspondence regulations.

(c) The Warden shall use one of the following procedures before placing an inmate on restricted general correspondence.

(1) Where the restriction will be based upon an incident report, procedures must be followed in accordance with inmate disciplinary regulations (part 541, subpart B of this chapter).

Part 541, subpart B, refers to the Program Statement Inmate Discipline and Special Housing Units.

(2) Where there is no incident report, the Warden:

(i) Shall advise the inmate in writing of the reasons the inmate is to be placed on restricted general correspondence;

(ii) Shall give the inmate the opportunity to respond to the classification or change in classification; the inmate has the option to respond orally or to submit written information or both; and

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(iii) Shall notify the inmate of the decision and the reasons, and shall advise the inmate that the inmate may appeal the decision under the Administrative Remedy Procedure.

(d) When an inmate is placed on restricted general correspondence, the inmate may, except as provided in §§ 540.16 and 540.17:

28 §§ CFR 540.16 and 540.17 refer to Sections 8 and 9, respectively, of this Program Statement.

(1) Correspond with the inmate’s spouse, mother, father, children, and siblings, unless the correspondent is involved in an violation of correspondence regulations, or would be a threat to the security or good order of the institution;

The word “spouse” includes a common-law relationship which has previously been established in a state which recognizes this status. In states that do not, a common-law relationship is not considered “immediate family.” For determination of applicable state laws, consult the Regional Counsel.

(2) Request other persons also to be placed on the approved correspondence list, subject to investigation, evaluation, and approval by the Warden; with prior approval, the inmate may write to a proposed correspondence to obtain a release authorizing an investigation; and

(3) Correspond with former business associates, unless it appears to the Warden that the proposed correspondent would be a threat to the security or good order of the institution, or that the resulting correspondence could reasonably be expected to result in criminal activity. Correspondence with former business associates is limited to social matters.

Verification Procedures. Each year it becomes more difficult to obtain information from law enforcement agencies on proposed correspondents. For this reason, staff attempt to secure information from other sources, including the inmate, the proposed correspondent, and the U.S. Probation Officer. Each institution develops its own verification procedures, depending on the sophistication of its inmates and resources for verification.

A release from the individual in question may be necessary (for example, under the Privacy Act) to complete the investigation. If a release is needed, the inmate is responsible for obtaining it, and is permitted to write to the correspondent for this purpose.

(e) The Warden may allow an inmate additional correspondence with persons other than those on the inmate’s approved mailing list when the correspondence is shown to be necessary and does not require an addition to the mailing list because it is not of an ongoing nature.

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8. INMATE CORRESPONDENCE WHILE IN SEGREGATION AND HOLDOVER

STATUS

§ 540.16 Inmate correspondence while in segregation and holdover status.

(a) The Warden shall permit an inmate in holdover status (i.e., enroute to a designated institution) to have correspondence privileges similar to those of other inmates insofar as practical.

(b) The Warden shall permit an inmate in segregation to have full correspondence privileges unless placed on restricted general correspondence under § 540.15.

28 CFR § 540.15 refers to Section 7 of this Program Statement.

9. CORRESPONDENCE BETWEEN CONFINED INMATES

§ 540.17 Correspondence between confined inmates.

An inmate may be permitted to correspond with an inmate confined in any other penal or correctional institution if the other inmate is either a member of the immediate family, or is a party or witness in a legal action in which both inmates are involved. Such correspondence may be approved in other exceptional circumstances, with particular regard to the security level of the institution, the nature of the relationship between the two inmates, and whether the inmate has other regular correspondence. The following additional limitations apply:

Inmates must provide current documentation (dated within the past six months) to support both inmates are parties to or a witness in a current legal action. At subsequent inmate team reviews, inmates will provide supporting documentation to continue correspondence privileges.

(a) Such correspondence at institutions of all security levels may always be inspected and read by staff at the sending and receiving institutions (it may not be sealed by the inmate); and

If inspection of the correspondence reveals communication other than a legal matter, the unit manager will be advised and a determination will be made whether to disapprove further correspondence. If privileges are rescinded, the unit manager or designee will ensure mail room and trust fund staff are notified.

(b) (1) The appropriate unit manager at each institution must approve of the correspondence if both inmates are housed in Federal institutions and both inmates are members of the same immediate family or are a party or witness in a legal action in which both inmates are involved.

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The Warden is appraised of unusual circumstances pertaining to a request (e.g., inmates who have Central Inmate Monitoring assignments and/or disruptive group members) to correspond, for members of the same immediate family or for inmates who are a party or witness in the same legal action, for inmates housed in federal facilities.

Normally, the approval of mail correspondence privileges will apply to electronic messages generated via TRULINCS. The approval of correspondence privileges for both inmates will remain in effect even if either is transferred within the Bureau. The unit team will forward a copy of the approved mail correspondence to the mail room and trust fund staff for processing.

Unit team staff will review the status of previously approved correspondence during the inmate’s classification/program review. When denying an inmate‟s request to correspond with immediate family, the unit manager will document the reason(s) for the denial.

(2) The Wardens of both institutions must approve of the correspondence if one of the inmates is housed at a non-Federal institution or if approval is being granted on the basis of exceptional circumstances.

The Warden documents a denial or the rationale for approving the request for an inmate to correspond with an inmate, who is an immediate family member or a party or witness in the same legal action, housed in a non-federal facility/contract facility.

The approval of correspondence privileges for the inmate will remain in effect even when the inmate transfers within the Bureau. Unit team will review previously approved correspondence for either of the above circumstances. Unit team will forward a copy of the approval for mail correspondence to mail room staff.

10. SPECIAL MAIL

§ 540.18 Special mail.

(a) The Warden shall open incoming special mail only in the presence of the inmate for inspection for physical contraband and the qualification of any enclosures as special mail. The correspondence may not be read or copied if the sender is adequately identified on the envelope, and the front of the envelope is marked “Special Mail — Open only in the presence of the inmate”.

Incoming mail meeting these requirements must be treated per this rule. The Warden may, however, treat incoming mail that does not meet all requirements for special mail handling in the same fashion as special mail, including opening it in the inmate‟s presence and inspecting it only for contraband. For example, mail from the chambers of a Federal judge or from a Member of Congress should be given special handling even if it does not have a special mail marking on the envelope.

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Similarly, mail from an adequately identified sender that contains markings similar to the phrase “Special Mail — Open only in the presence of the inmate” may be given special handling. Examples of similar markings include “Attorney-Client — Open only in the presence of the inmate” and “Legal Mail — Open only in the presence of the inmate.”

(b) In the absence of either adequate identification or the “special mail” marking indicated in paragraph (a) of this section appearing on the envelope, staff may treat the mail as general correspondence and may open, inspect, and read the mail.

(c) (1) Except as provided for in paragraph (c)(2) of this section, outgoing special mail may be sealed by the inmate and is not subject to inspection.

(2) Special mail shall be screened in accordance with the provisions of paragraph (c)(2)(iii) of this section when the special mail is being sent by an inmate who has been placed on restricted special mail status.

(i) An inmate may be placed on restricted special mail status if the Warden, with the concurrence of the Regional Counsel, documents in writing that the special mail either has posed a threat or may pose a threat of physical harm to the recipient (e.g., the inmate has previously used special mail to threaten physical harm to a recipient).

(ii) The Warden shall notify the inmate in writing of the reason the inmate is being placed on restricted special mail status.

(iii) An inmate on restricted special mail status must present all materials and packaging intended to be sent as special mail to staff for inspection. Staff shall inspect the special mail material and packaging, in the presence of the inmate, for contraband. If the intended recipient of the special mail has so requested, staff may read the special mail for the purpose of verifying that the special mail does not contain a threat of physical harm. Upon completion of the inspection, staff shall return the special mail material to the inmate if the material does not contain contraband, or contain a threat of physical harm to the intended recipient. The inmate must then seal the special mail material in the presence of staff and immediately give the sealed special mail material to the observing staff for delivery. Special mail determined to pose a threat to the intended recipient shall be forwarded to the appropriate law enforcement entity. Staff shall send a copy of the material, minus the contraband, to the intended recipient along with notification that the original of the material was forwarded to the appropriate law enforcement entity.

(iv) The Warden shall review an inmate’s restricted special mail status at least once every 180 days. The inmate is to be notified of the results of this review. An

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inmate may be removed from restricted special mail status if the Warden determines, with the concurrence of the Regional Counsel, that the special mail does not threaten or pose a threat of physical harm to the intended recipient.

(v) An inmate on restricted mail status may seek review of the restriction through the Administrative Remedy Program.

(d) Except for special mail processed in accordance with paragraph (c)(2) of this section, staff shall stamp the following statement directly on the back side of the inmate’s outgoing special mail:

“The enclosed letter was processed through special mailing procedures for forwarding to you. The letter has neither been opened nor inspected. If the writer raises a question or problem over which this facility has jurisdiction, you may wish to return the material for further information or clarification. If the writer encloses correspondence for forwarding to another addressee, please return the enclosure to the above address.”

The stamp includes the above statement, the name and address of the institution and space for the date.

11. LEGAL CORRESPONDENCE

§ 540.19 Legal correspondence.

(a) Staff shall mark each envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt, the date and time the letter is delivered to an inmate and opened in the inmate’s presence, and the name of the staff member who delivered the letter. The inmate may be asked to sign as receiving the incoming legal mail. This paragraph applies only if the sender has marked the envelope as specified in § 540.18.

28 CFR § 540.18 refers to Section 10 of this Program Statement.

Staff are expected to develop a master log containing the above information. The inmate may be requested (but not required) to sign the log, indicating receipt of the legal mail. If the inmate refuses, staff note this in the log.

(b) The inmate is responsible for advising any attorney that correspondence will be handled as special mail only if the envelope is marked with the attorney’s name and an indication that the person is an attorney, and the front of the envelope is marked “Special Mail — Open only in the presence of the inmate”.

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Legal mail shall be opened in accordance with special mail procedures (see § 540.18).

28 CFR § 540.18 refers to Section 10 of this Program Statement.

(c) Grounds for the limitation or denial of an attorney’s correspondence rights or privileges are stated in part 543, subpart B. If such action is taken, the Warden shall give written notice to the attorney and the inmate affected.

Part 543, subpart B, refers to the Program Statement Inmate Legal Activities.

Any violation of the attorney/client correspondence privilege is referred to Regional Counsel, who, in conjunction with the Office of General Counsel, may restrict the inmate or attorney from further correspondence privileges.

(d) In order to send mail to an attorney’s assistant or to a legal aid student or assistant, an inmate shall address the mail to the attorney or legal aid supervisor, or the legal organization or firm, to the attention of the student or assistant.

See the Program Statement Inmate Legal Activities for information concerning Bureau recognition of an attorney‟s assistant or legal aid student assistant.

(e) Mail to an inmate from an attorney’s assistant or legal aid student or assistant, in order to be identified and treated by staff as special mail, must be properly identified on the envelope as required in paragraph (b) of this section, and must be marked on the front of the envelope as being mail from the attorney or from the legal aid supervisor.

12. INMATE CORRESPONDENCE WITH REPRESENTATIVES OF THE NEWS

MEDIA

§ 540.20 Inmate correspondence with representatives of the news media.

(a) An inmate may write through “special mail” to representatives of the news media specified by name or title (see § 540.2(b)).

28 CFR § 540.2(b) refers to Section 2.b. of this Program Statement.

Properly identified and labeled correspondence from an inmate who is not on restricted mail status to qualifying news media representatives is sealed and forwarded without inspection, directly and promptly. Properly identified and labeled correspondence from an inmate on restricted special mail status is also sealed and forwarded promptly, but may be subject to inspection per procedures in Section 10. If there is doubt whether a representative qualifies, contact the Public Information Officer in the Central Office.

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(b) The inmate may not receive compensation or anything of value for correspondence with the news media. The inmate may not act as reporter.

(c) Representatives of the news media may initiate correspondence with an inmate. Staff shall open incoming correspondence from representatives of the media and inspect for contraband, for its qualification as media correspondence, and for content which is likely to promote either illegal activity or conduct contrary to Bureau regulations.

See the Program Statement News Media Contacts on other aspects of contact with news media.

13. PAYMENT OF POSTAGE

§ 540.21 Payment of postage.

(a) Except as provided in paragraphs (d), (e), (f), and (i) of this section, postage charges are the responsibility of the inmate. The Warden shall ensure that the inmate commissary has postage stamps available for purchase by inmates.

Mail room staff should obtain postage rate charts from the local servicing post office and place them where inmates ordinarily have access — the mail room or housing units.

(1) Postage Sold by Commissary. The inmate commissary must have available sufficient stamp denominations to allow mailing letters in excess of 1 ounce, but not requiring an additional first-class stamp.

(2) Purchase Limitation. The Warden issues local guidelines, which ordinarily limit an inmate‟s commissary purchase per visit to 20 postage stamps (denomination for first-class, domestic, 1-ounce mailing), or the equivalent; if such visits are limited to once per week or less, the Warden may authorize an additional purchase of stamps.

(3) Inmate Possession of Postage Stamps. The Warden issues local guidelines, limiting an inmate‟s possession of stamps at one time to no more than 60 (denomination for first-class, domestic, 1-ounce mailing), or the equivalent. The Warden may authorize possession of stamps to a specified amount in excess of this limit. The stamps are to be maintained by the inmate in the same manner the stamps are sold or in the manner provided by the unit manager.

(4) Approval for Additional Purchases. An inmate may be authorized to purchase (per commissary visit) more than 20 postage stamps (denomination for first-class, domestic, 1-ounce mailing), or the equivalent, only upon approval of the associate warden. This authority may not be delegated below unit manager.

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(b) Writing paper and envelopes are provided at no cost to the inmate. Inmates who use their own envelopes must place a return address on the envelope (see § 540.12(d)).

28 CFR § 540.12(d) refers to Section 4(d) of this Program Statement.

(c) Inmate organizations will purchase their own postage.

(d) An inmate who has neither funds nor sufficient postage and who wishes to mail legal mail (includes courts and attorneys) or Administrative Remedy forms will be provided the postage stamps for such mailing. To prevent abuses of this provision, the Warden may impose restrictions on the free legal and administrative remedy mailings.

(1) To prevent abuses of Bureau directives regarding purchase of postage, Wardens will:

• Provide an inmate who has neither funds nor postage up to five postage stamps (denomination for first-class, domestic, 1-ounce mailing) or the equivalent each week, for legal mail or Administrative Remedy filing
• Require an inmate who has, for at least two separate months, depleted his/her commissary account, obtained Government-paid postage stamps, and then restored money to the account to complete the form for reimbursement Request for Withdrawal of Inmate‟s Personal Funds (BP-199) for the amount of postage given for legal mail or Administrative Remedy filings. Commissary staff hold the BP-199 and charge it against the inmate‟s account as soon as he/she has funds (see the Program Statement Trust Fund Management Manual).
• Allow an inmate to purchase sufficient postage for legal mail or Administrative Remedy mailings. The amount may not exceed the limit for postage purchases.

(2) The associate warden makes a final determination whether the inmate is to receive postage under the conditions of this subsection. An “inmate without funds” means an inmate without sufficient commissary balance to purchase a postage stamp sufficient for first-class, 1-ounce domestic mailing. This authority may not be delegated below unit manager.

(e) When requested by an inmate who has neither funds nor sufficient postage, and upon verification of this status by staff, the Warden shall provide the postage stamps for mailing a reasonable number of letters at government expense to enable the inmate to maintain community ties. To prevent abuses of this provision, the Warden may impose restrictions on the free mailings.

Five letters per month are suggested as reasonable in most circumstances. To prevent abuses, the Warden may require reimbursement as provided in Section 13(d)(1). The associate warden (not to be delegated below unit manager) makes a final determination on whether the inmate is to receive postage under this subsection.

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In making this determination, an “inmate without funds” means an inmate without sufficient commissary balance to purchase a postage stamp sufficient for first-class, 1-ounce domestic mailing, or postage for half-ounce international air mail for an inmate whose community ties require foreign correspondence.

(f) Mailing at government expense is also allowed for necessary correspondence in verified emergency situations for inmates with neither funds nor sufficient postage.

The associate warden makes a final determination whether the inmate is to receive postage stamps under this subsection. This authority may not be delegated below unit manager.

(g) Inmates must sign for all stamps issued to them by institution staff.

A separate log is kept for this purpose.

(h) Mail received with postage due is not ordinarily accepted by the Bureau of Prisons.

The mail room staff refuses postage-due mail. However, if such mail is tendered to mail room staff without collection of postage due, it is processed without further collection action (see the Mail Management Manual).

(i) Holdovers and pre-trial commitments will be provided a reasonable number of stamps for the mailing of letters at government expense.

Three letters per week is suggested as reasonable in most circumstances. Commissary purchase of postage is also available to pretrial inmates. For holdovers, additional Government-furnished postage stamps may be allowed for special needs demonstrated by the inmate.

(j) Inmates may not be permitted to receive stamps or stamped items (e.g., envelopes embossed with stamps, postal cards with postage affixed) other than by issuance from the institution or by purchase from commissary.

Stamps and stamped items sent into the institution are returned to the sender. Indicate the reason for return on Form BP-A0328, Stamps, Negotiable Instrument & Other Returned to Sender. A copy of the form is placed with the correspondence for delivery to the inmate. See the Mail Management Manual for further information.

k. The institution‟s business manager is responsible for the purchase and security of stamps

purchased by the Bureau for issue to inmates per Section 13.d. The business manager also conducts quarterly audits.

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14. SPECIAL POSTAL SERVICES

§ 540.22 Special postal services.

The information in this section was extracted from the Mail Management Manual. See that policy for more detailed information.

(a) An inmate, at no cost to the government, may send correspondence by registered, certified, or insured mail, and may request a return receipt.

(b) An inmate may insure outgoing personal correspondence (e.g., a package containing the inmate’s hobbycrafts) by completing the appropriate form and applying sufficient postage.

The Request Authorization to Mail Inmate Package (BP-329) form is used.

(1) In the event of loss or damage, any claim relative to this matter is made to the U.S. Postal Service, either by the inmate or the recipient. The U.S. Postal Service will only indemnify a piece of insured mail for the actual value of an item, regardless of declared value.

When an inmate decides that a claim is necessary for an incoming piece of insured mail, he/she is advised that the mailer is the most appropriate person to file the claim with the U.S. Postal Service.

(2) Inmate packages forwarded as a result of institution administration are considered official mail, except as otherwise specified (for example, hobbycraft articles mailed out of the institution). Official mail is not insured. If such an item is subsequently lost or damaged in the mail process the inmate may file a tort claim with the Bureau of Prisons (see part 543, subpart C of this chapter).

Such packages are forwarded as official mail at Government expense. If documentation indicates that the package left Bureau control and was lost or damaged by the U.S. Postal Service (or mailed via a contract mail provider), the inmate is instructed to file a tort claim with the U.S. Postal Service (or directly with the contract mail provider) (see the Program Statement Federal Tort Claims Act). Hobbycraft articles are discussed in the Program Statement Inmate Recreation Programs.

(c) Certified mail is sent first class at the inmate’s expense.

The inmate must pay basic postage, costs of certification, and costs of a return receipt (if requested).

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(d) An inmate may not be provided such services as express mail, COD, private carriers, or stamp collecting while confined.

15. INMATE FUNDS RECEIVED THROUGH THE MAILS

§ 540.23 Inmate funds received through the mails.

Except as provided for in part 506 of this chapter, funds enclosed in inmate correspondence are to be rejected. Deposits intended for the inmate’s commissary account must be mailed directly to the centralized commissary account (see 28 CFR part 506).

Section 2 of the Acknowledgment of Inmate, Part 1 & 2 (BP-A0407) contains an authorization for disposition of funds. The inmate ordinarily completes this form upon initial entry into Bureau custody. Negotiable instruments must include the inmate‟s full name and register number.

Negotiable instruments received through the mail enclosed in inmate correspondence are rejected using the Stamps, Negotiable Instrument and Other Returned to Sender form (BP-A0328).

Inmates are not permitted to receive unsolicited funds through the mail, nor are inmates permitted to solicit funds or initiate requests for funds other than from family and friends.

b. Staff should be alert to unusual activity concerning funds received for posting to an inmate‟s account or being mailed out of the institution. For example, accounting technicians, unit staff and others should notify the unit manager when an inmate receives a large amount of money either in a lump sum or over a short period of time or has unusual activity in his/her account. The unit manager determines whether an appropriate reason exists for such activity or if a referral to the captain is necessary.

16. RETURNED MAIL

§ 540.24 Returned mail.

Staff shall open and inspect for contraband all undelivered mail returned to an institution by the Post Office before returning it to the inmate. The purpose of this inspection is to determine if the content originated with the inmate sender identified on the letter or package; to prevent the transmission of material, substances, and property which an inmate is not permitted to possess in the institution; and to determine that the mail was not opened or tampered with before its return to the institution. Any remailing is at the inmate’s expense. Any returned mail qualifying as “special mail” is opened and inspected for contraband in the inmate’s presence.

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17. CHANGE OF ADDRESS AND FORWARDING OF MAIL FOR INMATES

§ 540.25 Change of address and forwarding of mail for inmates.

(a) Staff shall make available to an inmate who is being released or transferred appropriate Bureau of Prisons and U.S. Postal Service forms for change of address.

A U.S. Postal Service “Change of Address” kit is made available to each inmate being transferred to notify correspondents. (Note: The “kit” is a notice to publishers, businesses, correspondents, etc.; it is not a notification to the U.S. Postal Service.) Staff obtain supplies of these kits from the servicing U.S. postal facility. Kits are kept in Receiving and Discharge and the mail room for inmates leaving the institution.

(b) Inmates are responsible for informing their correspondents of a change of address.

(c) Postage for mailing change of address cards is paid by the inmate.

(d) Except as provided in paragraphs (e) through (g) of this section, all mail received for a released or transferred inmate will be returned to the U.S. Postal Service for disposition in accordance with U.S. Postal Service regulations.

(e) Staff shall use all means practicable to forward special mail.

The Program Statement Mail Management Manual provides more detailed instructions on forwarding inmate special mail.

(f) Staff shall forward inmate general correspondence to the new address for a period of 30 days.

Inmate general mail (as opposed to special mail) is forwarded to the new address for 30 days. General mail is forwarded to the address in the SENTRY database. After 30 days, general mail is returned to the sender with the notation “Not at this address — return to sender.”

(g) Staff shall permit an inmate released temporarily on writ to elect either to have general correspondence held at the institution for a period not to exceed 30 days, or returned to the U.S. Postal Service for disposition.

Use the form Disposition of General Correspondence While Inmate is Released Temporarily on Writ (BP-A0398).

(1) If the inmate refuses to make this election, staff at the institution shall document this refusal, and any reasons, in the inmate’s central file. Staff shall

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return to the U.S. Postal Service all general correspondence received for such as inmate after the inmate’s departure.

Document the refusal on the Disposition of General Correspondence While Inmate is Released Temporarily on Writ (BP-A0398).

(2) If the inmate does not return from writ within the time indicated, staff shall return to the U.S. Postal Service all general correspondence being held for that inmate for disposition in accordance with postal regulations.

18. INSTITUTION SUPPLEMENT

Each institution must update its Institution Supplement (IS) and forward a copy to the Regional Correctional Programs Administrator. The IS includes:

• Designation of a staff member to supervise inmate correspondence.
• Procedures for monitoring incoming and outgoing mail, including inspection and reading mail, especially to and from particular inmates.
• Use of a master log to note receipt and inmate acknowledgment of incoming legal mail.
• Limitations on the amount of postage stamps an inmate may possess and single purchases of stamps.
• Restrictions on free legal and administrative remedy mailings.

REFERENCES

Program Statements

P5100.08 Inmate Security Designation and Custody Classification (9/12/06)

— Electronic Messaging (2/19/09)

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Federal Regulations Federal Regulations cited in this Program Statement are contained in 28 CFR part 540.

ACA Standards

• 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-5D-01
• 4th Edition Standards for Adult Correctional Institutions: 4-4266, 4-4275, 4-4279, 4-4487, 4-4488, 4-4489, 4-4491, 4-4492 and 4-4496
• 4th Edition Standards for Adult Local Detention Facilities: 4-ALDF-2A-60, 4-ALDF-6A-02, 4-ALDF-6A-04, 4-ALDF-5B-05, 4-ALDF-5B-06, 4-ALDF-5B-08 and 4-ALDF-5B-09

Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on Sallyport.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026