Incoming Publications

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

Program Statement 5266.11 at a glance

Field	Value
Program Statement	P5266.11
Subject	Incoming Publications
Effective / current edition date	November 9, 2011 (printed on the PDF header as “DATE: November 9, 2011”)
Change notice	None. The 2011 edition has never been amended by a change notice
Supersedes / rescinds	PS 5266.10, Incoming Publications (1/10/03)
Governing statute	18 U.S.C. § 4042 and the appropriations rider set out in the § 4042 statutory note (the “Ensign Amendment”)
Governing regulation (28 C.F.R.)	Part 540, subpart F — Incoming Publications, §§ 540.70–540.72 (3 sections)
Related BP forms	BP-A0953 Notification to Inmate and Publisher/Sender of Rejected Publication; BP-A0954 Notification to Publisher of Return of Publication; BP-A0955 Notification to Sender of Return of Materials; BP-A0956 Notification to Inmate of Return of Publication or Materials; BP-229 / BP-230 / BP-231 (administrative remedy)
Official PDF	PS 5266.11, Incoming Publications (Nov. 9, 2011)

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

Program Statement 5266.11 is the Bureau of Prisons’ instruction to staff on books, magazines, newspapers and catalogs coming into a federal prison: where they may be ordered from, the closed list of reasons a Warden may reject one, and who gets told when a publication is turned away. It sits on top of two different legal tracks — a regulation the Warden applies with discretion, and a separate appropriations statute that removes the Warden’s discretion entirely for sexually explicit material and nudity.

The practical companion page, sending books and reading material to someone in federal prison, covers ordering, packaging and what actually arrives. This page is the rule set: the publisher-only rule by security level, the seven enumerated rejection grounds, the Ensign Amendment definitions and the twenty-day review clocks — quoted from the Program Statement and the regulation with page pin-cites. Personal photographs and clippings are governed by a different subpart; see the inmate correspondence policy page.

The rule itself: where publications may come from, and why one may be rejected

The heart of PS 5266.11 is the two-part rule in 28 C.F.R. § 540.71 — the source restriction in paragraph (a) and the seven enumerated rejection grounds in paragraph (b) — reproduced verbatim in the Program Statement at pages 2 and 3. A second, independent artifact follows at pages 6 and 7: the four definitions in § 540.72(b) that decide what must be returned under the Ensign Amendment.

Start with what a publication is. Section 540.70 defines it as “a book, booklet, pamphlet, or similar document, or a single issue of a magazine, periodical, newsletter, newspaper, plus such other materials addressed to a specific inmate such as advertising brochures, flyers, and catalogs” (PS 5266.11 at p. 1). The same section states the Bureau’s default position: “[e]xcept when precluded by statute … the Bureau of Prisons permits an inmate to subscribe to or to receive publications without prior approval.”

The publisher-only rule, by security level

There is no single “publisher-only rule” in the Bureau. There are three rules, and which one applies turns on the security level of the institution and on whether the book is hardcover or softcover.

Institution security level	Hardcover publications and newspapers	Softcover publications (paperbacks, magazines, clippings and similar items)
All Bureau institutions	“only from the publisher, from a book club, or from a bookstore” (§ 540.71(a)(1))	—
Medium security, high security and administrative institutions	only from the publisher, book club or bookstore	“only from the publisher, from a book club, or from a bookstore” (§ 540.71(a)(2))
Minimum security and low security institutions	only from the publisher, book club or bookstore	“from any source” — except newspapers, which remain publisher-only (§ 540.71(a)(3))

Source: PS 5266.11 at p. 2, quoting 28 C.F.R. § 540.71(a). The Program Statement adds one operational requirement on the same page: “The sender’s address must be clearly identified on the outside of the package.”

There is a narrow exception for out-of-print material. Under § 540.71(a)(4), “[t]he Unit Manager may make an exception to the provisions of paragraphs (a)(1) and (2) of this section if the publication is no longer available from the publisher, book club, or bookstore. The Unit Manager shall require that the inmate provide written documentation that the publication is no longer available from these sources.” The approval is documented on an Authorization to Receive a Package.

The seven grounds for rejecting a publication

The standard comes first, and it is a ceiling, not a floor: the Warden “may reject a publication only if it is determined detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity.” The regulation then adds an express prohibition — “The Warden may not reject a publication solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant.” The list that follows is illustrative: publications that may be rejected “include but are not limited to publications which meet one of the following criteria.”

#	Ground for rejection
(1)	It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices
(2)	It depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of Bureau of Prisons institutions
(3)	It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs
(4)	It is written in code
(5)	It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption
(6)	It encourages or instructs in the commission of criminal activity
(7)	It is sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the institution, or facilitates criminal activity

Source: PS 5266.11 at p. 3, quoting 28 C.F.R. § 540.71(b).

Two limits on who decides. The Program Statement states at p. 3 that “[o]nly the Warden may reject an incoming publication. In the Warden’s absence, only the Acting Warden may perform this function.” And § 540.71(c) bars blanket bans outright: “The Warden may not establish an excluded list of publications. This means the Warden shall review the individual publication prior to the rejection of that publication. Rejection of several issues of a subscription publication is not sufficient reason to reject the subscription publication in its entirety.”

The Program Statement’s own guidance on ground (7), at pp. 3–4, is unusually specific and cuts in both directions. A Warden may determine that sexually explicit material that is “Sadomasochistic,” involves “Bestiality,” or is “Involving children” will be excluded. But: “Sexually explicit material does not include material of a news or information type. Publications concerning research or opinions on sexual, health, or reproductive issues, or covering the activities of gay rights organizations or gay religious groups, for example, should be admitted unless they are otherwise a threat to legitimate institution interests.” And: “Literary publications should not be excluded, solely because of homosexual themes or references, if they are not sexually explicit in a manner that threatens legitimate institution interests.” And: “Sexually explicit material may be admitted if it has scholarly value, or general social or literary value.”

What has to happen when a publication is rejected

Section 540.71(d)–(e) creates two parallel notice tracks — one to the incarcerated person, one to the publisher or sender — with different review routes. This is the part of the rule that most readers do not know exists.

Who	What they get	What they may do	Clock
The incarcerated person	The Warden “shall promptly advise the inmate in writing of the decision and the reasons for it. The notice must contain reference to the specific article(s) or material(s) considered objectionable”	Appeal through the Administrative Remedy Program. The Warden “shall permit the inmate an opportunity to review this material for purposes of filing an appeal,” unless review would itself pose a threat or instruct in criminal activity	The Warden retains the rejected publication for 20 days from the date written notice is sent; if no appeal is filed in that window it “may be returned to the publisher” (PS 5266.11 at pp. 4–5)
The publisher or sender	A copy of the rejection letter	Obtain an independent review “by writing to the Regional Director”	“within 20 days of receipt of the rejection letter” (§ 540.71(e))

Source: PS 5266.11 at pp. 4–5, quoting 28 C.F.R. § 540.71(d)–(e).

The rejected publication itself is returned to the publisher or sender “unless the inmate indicates an intent to file an appeal under the Administrative Remedy Program, in which case the Warden shall retain the rejected material at the institution for review.” The Program Statement adds a reviewing instruction that is useful leverage on a remedy filing: “The Regional Office and Central Office should not respond to a BP-230 or BP-231 appeal without first reviewing either the rejected publication or a copy of the offensive portion of it” (p. 5). The rejection notice itself goes out on BP-A0953.

One more paragraph, often overlooked, is § 540.71(f): “The Warden may set limits locally (for fire, sanitation, or housekeeping reasons) on the number or volume of publications an inmate may receive or retain in his quarters. The Warden may authorize an inmate additional storage space for storage of legal materials.”

The Ensign Amendment: the rule the Warden does not control

A separate track applies to commercially published material that is sexually explicit or features nudity, and it is not discretionary. The Program Statement quotes the statutory note to 18 U.S.C. § 4042 at p. 5:

“[N]one of the funds appropriated or otherwise made available to the Federal Bureau of Prisons may be used to distribute or make available any commercially published information or material to a prisoner when it is made known to the Federal official having authority to obligate or expend such funds that such information or material is sexually explicit or features nudity.”

PS 5266.11 identifies the source as “Sec. 615 of The Commerce, Justice, State Appropriations Act of 2000 (P.L. 106-113)” (p. 1), and notes at p. 5 that “[p]rocedures in this section affect publications received on or after August 28, 1999.” Because this is a funding restriction on the agency rather than a security judgment by a Warden, the material is returned, not merely rejected, and the Program Statement is explicit that an appeal does not delay the return: “there is no need to delay the return of non-distributable publications or materials even when an inmate appeals … because the statutory restriction on making the material available precludes any inmate review” (p. 6).

The four definitions that decide what falls inside the restriction are at § 540.72(b):

Term	Definition as printed in the regulation and the Program Statement
Commercially published information or material	“any book, booklet, pamphlet, magazine, periodical, newsletter, photograph or other pictorial depiction, or similar document, including stationery and greeting cards, published by any individual, organization, company, or corporation which is distributed or made available through any means or media for commercial purposes. This definition includes any portion extracted, photocopied, or clipped from such items”
Nudity	“a pictorial depiction where genitalia or female breasts are exposed”
Features	“the publication contains depictions of nudity or sexually explicit conduct on a routine or regular basis or promotes itself based upon such depictions in the case of individual one-time issues. Publications containing nudity illustrative of medical, educational, or anthropological content may be excluded from this definition”
Sexually explicit	“a pictorial depiction of actual or simulated sexual acts including sexual intercourse, oral sex, or masturbation”

Source: PS 5266.11 at pp. 6–7, quoting 28 C.F.R. § 540.72(b).

Three points of application, all from the Program Statement’s own text. Written text alone does not trigger the statute: “For purposes of this section, written text does not qualify a publication as sexually explicit” (p. 7). Female breast depictions are read narrowly and specifically: “when the pictorial depiction of the female breast displays the areola or nipple, this material will be rejected” (p. 7). And the Program Statement names examples on both sides — National Geographic and Our Bodies, Ourselves as publications containing “nudity illustrative of medical, educational, or anthropological content” that are allowable, and Sports Illustrated swimsuit issues and lingerie catalogs as “allowable if they do not contain depictions of nudity” (p. 7). Those are guidelines, and the Program Statement says so: “The examples above are guidelines only and are subject to change.”

The two tracks overlap. A publication that escapes the Ensign Amendment can still be rejected under the discretionary standard: “Publications with sexual content that are not returned under these procedures are still subject to rejection through procedures in Section 2.b.(7). For example, publications that contain sexually explicit text, feature sadomasochism or bestiality, or involve children may not meet the definitions in this Section … but may be considered detrimental to the security and good order of the institution” (p. 7).

What the incoming publications rule means for you

If you are the person inside: which rejection track applies

Know which of the two tracks your publication fell into, because they have different remedies. If it was rejected under § 540.71(b), you have a right to written notice identifying the specific article or material found objectionable, a right to review that material for the purpose of filing an appeal, and a twenty-day window in which the institution holds the publication. Say in writing that you intend to appeal — that is what stops the publication from being sent back. If it was returned under § 540.72 as sexually explicit or featuring nudity, you can still file an administrative remedy, but the Program Statement is candid that you will not be permitted to review the material.

Check the ground actually cited against the seven in § 540.71(b), and check it against the Program Statement’s own limits: content may not be rejected because it is religious, philosophical, political, social or sexual, or because it is unpopular or repugnant, and a Warden may not maintain a banned-book list. If several issues of a subscription were rejected and the whole subscription was then cut off, that is expressly not permitted by § 540.71(c).

If you are a family member: ordering from a publisher

Order from a publisher, a book club or a bookstore, and have the retailer ship directly with the sender’s address clearly on the outside of the package. This single step avoids the most common rejection, which is not about content at all — it is that a paperback arrived from a private household at a medium- or high-security institution. Only at minimum and low security may softcover books come from any source, and newspapers are publisher-only everywhere.

If a publication you sent is rejected, you have your own right, independent of your loved one’s: § 540.71(e) directs the Warden to send you a copy of the rejection letter and to advise you that you may obtain an independent review by writing to the Regional Director within 20 days of receiving it. That is a separate track from the administrative remedy program, it does not run through the prison, and the twenty days start when you receive the letter. Note it on your calendar the day it arrives.

If you are counsel: publication rejections

Thornburgh v. Abbott, 490 U.S. 401 (1989), upheld these regulations against a facial challenge and is the controlling framework. The Court held that “regulations affecting the sending of a ‘publication’ … to a prisoner must be analyzed under the Turner reasonableness standard,” valid if “reasonably related to legitimate penological interests,” and expressly declined to extend Procunier v. Martinez, 416 U.S. 396 (1974), to incoming material: “the logic of our analyses in Martinez and Turner requires that Martinez be limited to regulations concerning outgoing correspondence.” Two features of the opinion matter to how a challenge is framed. First, the Court’s holding was one of facial validity only — it “agree[d] with that court’s remand of the case to the District Court for a determination of the validity of the regulations as applied to each of the 46 publications.” An as-applied record about a specific issue of a specific publication is the terrain Thornburgh left open. Second, the Court treated the regulations as “neutral” precisely because “prison administrators draw distinctions between publications solely on the basis of their potential implications for prison security” — which puts weight on whether the stated ground actually tracks a security rationale rather than the content’s viewpoint.

Procedurally, build the record from the § 540.71(d) notice: the regulation directs that it “contain reference to the specific article(s) or material(s) considered objectionable,” and a notice that recites a category without identifying the material is the first thing to attack. Preserve the publisher’s independent-review right in parallel with your client’s administrative remedy — they run on different clocks to different decision-makers, and the Program Statement instructs regional and central office staff not to decide a BP-230 or BP-231 without reviewing the material or a copy of the offending portion.

What changed with Program Statement 5266.11

PS 5266.11 took effect on November 9, 2011, approved by Thomas R. Kane, Acting Director, and rescinded PS 5266.10, Incoming Publications (1/10/03). The Summary of Changes at p. 1 is a single line: “This revision updates references to the Ensign Amendment.” That is the whole substantive delta between the 2003 and 2011 editions — the source-restriction rule, the seven grounds and the notice procedure carried over unchanged.

The regulation moved on a different clock. Section 540.71 carries the register note [67 FR 77164, Dec. 17, 2002] and § 540.72 carries [61 FR 57569, Nov. 6, 1996, as amended at 67 FR 77427, Dec. 18, 2002]. So both operative sections were last amended in December 2002 — after PS 5266.10 issued in January 2003 in the same window, and nine years before the current Program Statement. Neither has been amended since. On this policy, the fifteen-year-old Program Statement and the current binding regulation say the same thing, which is not true of most of the Bureau’s 2011-era policy and is worth stating plainly.

One divergence does exist, and it is small but real. The current text of § 540.71(a)(4) directs that “[t]he approval or disapproval of any request for an exception is to be documented, in writing.” PS 5266.11 at p. 2 prints only “The approval of any request for an exception is to be documented, in writing.” The regulation binds; a Unit Manager who denies an out-of-print exception is required by § 540.71(a)(4) to document that denial in writing, whether or not the Program Statement says so.

Finally, currency. The Bureau reissued 23 program statements effective June 22, 2026 and dozens more between February and May 2026. PS 5266.11 was not among them. It remains the operative edition as of this page’s currency stamp, with no change notice in fifteen years.

Where people get stuck when a book is rejected

A book was rejected and nobody said why

The notice requirement is specific, and vagueness is the defect to raise. Section 540.71(d) requires that the notice “contain reference to the specific article(s) or material(s) considered objectionable” — not merely a check-box citing ground (5). Start with an Inmate Request to Staff, BP-A0148, asking for the BP-A0953 and for the specific pages identified. If that fails, the route is 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 within 20 calendar days of the Warden’s signed response → BP-11 within 30 calendar days of the Regional Director’s signed response (§ 542.15). If a response does not arrive in the time allowed, § 542.18 permits you to treat the silence “to be a denial at that level” and move up. The full route is on the administrative remedy program page.

The publication was sent back before anyone could appeal

Two different rules produce this outcome and the fix differs. Under § 540.71(e), the institution holds a rejected publication only if the person “indicates an intent to file an appeal” — and PS 5266.11 gives it a hard edge at pp. 4–5: the Warden holds it 20 days from the date written notice is sent, and “[i]f he/she does not file within 20 days, the rejected publication may be returned to the publisher.” State the intent to appeal in writing immediately, before drafting the substance. Under § 540.72, by contrast, material returned under the Ensign Amendment goes back without waiting for an appeal, and the Warden retains only “a copy of the publication cover and one page of the banned information or material” for a later appeal (p. 6).

Softcover books keep being refused from home

This is a security-level problem, not a content problem, and it is fixed by changing where the book ships from rather than by filing anything. At medium, high and administrative institutions, softcover publications may come only from a publisher, book club or bookstore. At minimum and low security, softcover books may come from any source but newspapers may not. If the title is genuinely out of print, § 540.71(a)(4) allows a Unit Manager exception on written documentation that it is no longer available from a publisher, book club or bookstore — request it before ordering, not after the package is returned. Where the institution’s own security level is in dispute, the security designation and custody classification page explains how the level is set.

Too many books in the cell

Section 540.71(f) lets the Warden cap the number or volume of publications kept in living quarters “for fire, sanitation, or housekeeping reasons.” That is a legitimate local limit and rarely worth a remedy on its own. What is worth knowing is the same paragraph’s second sentence: the Warden “may authorize an inmate additional storage space for storage of legal materials.” Legal materials are governed separately, and PS 1315.08 states that the amount of storage for legal materials “[o]rdinarily … may not be restricted below three cubic feet per inmate,” and “below one cubic foot” in segregation or detention. Books ordered for a case should be identified as legal materials at the outset — see the inmate legal activities page and the inmate personal property page.

Related BOP policy on publications and mail

Page	What it covers
Sending books and mail to someone in federal prison	Ordering, packaging and addressing — the practical companion to this rule set
Correspondence (PS 5265.14)	Letters, photographs and clippings — a different subpart with a different rejection list
Inmate Legal Activities (PS 1315.08)	Legal materials, purchased legal texts and storage allowances
Inmate Personal Property (PS 5580.10)	Property limits that govern what may be kept in a cell
Inmate Library Services (PS 1542.07)	The general institution library, as distinct from purchased publications
Administrative Remedy Program (PS 1330.18)	The BP-9 / BP-10 / BP-11 route and its deadlines
Security designation and custody classification (PS 5100.08)	How an institution’s security level — which drives the publisher-only rule — is set
Commissary items and canteen	What can be bought inside, and how funds are spent

Frequently Asked Questions About Incoming Publications

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Program Statement 5266.11 — full text

What follows is Program Statement 5266.11 exactly as the Bureau of Prisons published it, reproduced in full from the official PDF rather than summarized. Source: bop.gov/policy/progstat/5266_011.pdf.

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI CPD/CPB

NUMBER P5266.11

DATE November 9, 2011

Incoming Publications

/s/ Approved: Thomas R. Kane Acting Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

540.70 Purpose and scope.

Except when precluded by statute (see 540.72), the Bureau of Prisons permits an inmate to subscribe to or to receive publications without prior approval and has established procedures to determine if an incoming publication is detrimental to the security, discipline, or good order of the institution or if it might facilitate criminal activity. The term publication, as used in this subpart, means a book, booklet, pamphlet, or similar document, or a single issue of a magazine, periodical, newsletter, newspaper, plus such other materials addressed to a specific inmate such as advertising brochures, flyers, and catalogs.

Section 7 of this Program Statement contains procedures to implement Sec. 615 of The Commerce, Justice, State Appropriations Act of 2000 (P.L. 106-113) (hereafter referred to as the Ensign Amendment ).

a. Summary of Changes

Policy Rescinded PS 5266.10 Incoming Publications (1/10/03)

This revision updates references to the Ensign Amendment.

Federal Regulations from 28 CFR are in bold type. Implementing instructions are in regular type.

P5266.11 11/9/2011 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 2

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

Inmates will be permitted to receive and retain publications that do not threaten the security, good order, or discipline of the institution, or that may facilitate criminal activity, or are otherwise prohibited by law. Publications determined detrimental to the security, good order, or discipline of the institution or that may facilitate criminal activity, or are otherwise prohibited by law, will be excluded from Bureau facilities. A safer environment for staff and inmates will be provided by strengthening procedures to prevent the introduction of contraband.

c. MCC/MDC/FDC/FTC Application. Procedures in this Program Statement apply to

Metropolitan Correctional Centers, Metropolitan Detention Centers, Federal Detention Centers, and Federal Transportation Centers, all of which are referred to as administrative institutions for the purposes of this Program Statement.

2. PROCEDURES

540.71 Procedures.

(a)(1) At all Bureau institutions, an inmate may receive hardcover publications and newspapers only from the publisher, from a book club, or from a bookstore.

The sender s address must be clearly identified on the outside of the package.

(2) At medium security, high security, and administrative institutions, an inmate may receive softcover publications (for example, paperback books, newspaper clippings, magazines, and other similar items) only from the publisher, from a book club, or from a bookstore.

(3) At minimum security and low security institutions, an inmate may receive softcover publications (other than newspapers) from any source.

(4) The Unit Manager may make an exception to the provisions of paragraphs (a)(1) and (2) of this section if the publication is no longer available from the publisher, book club, or bookstore. The Unit Manager shall require that the inmate provide written documentation that the publication is no longer available from these sources. The approval of any request for an exception is to be documented, in writing, on an Authorization to Receive a Package which will be used to secure the item.

(b) The Warden may reject a publication only if it is determined detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity. The Warden may not reject a publication solely because its content is

P5266.11 11/9/2011 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 3 religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by a Warden include but are not limited to publications which meet one of the following criteria:

(1) It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices;

(2) It depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of Bureau of Prisons institutions;

(3) It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs;

(4) It is written in code;

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

(6) It encourages or instructs in the commission of criminal activity;

(7) It is sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the institution, or facilitates criminal activity.

Only the Warden may reject an incoming publication. In the Warden s absence, only the Acting Warden may perform this function.

Section 3 of this Program Statement contains procedures for returning a publication under the Ensign Amendment. In Section 3, sexually explicit and nudity are defined in terms of pictorial depictions only. Publications not subject to return under Section 3 (for example, material that does not meet a definition in that section) may still be rejected under this section.

To help staff determine which materials may pose the type of threat that warrants exclusion, the following guidelines are provided.

A Warden may determine that sexually explicit material of the following types will be excluded, as potentially detrimental to the security and good order or discipline of the institution, or as facilitating criminal activity:

Sadomasochistic. Bestiality. Involving children.

In addition:

P5266.11 11/9/2011 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 4

The Warden must prohibit a sexually explicit publication if it is determined to pose a threat to the institution or is contrary to law. Child pornography materials, which are prohibited by law, are examples. Sexually explicit material does not include material of a news or information type. Publications concerning research or opinions on sexual, health, or reproductive issues, or covering the activities of gay rights organizations or gay religious groups, for example, should be admitted unless they are otherwise a threat to legitimate institution interests. Literary publications should not be excluded, solely because of homosexual themes or references, if they are not sexually explicit in a manner that threatens legitimate institution interests. Sexually explicit material may be admitted if it has scholarly value, or general social or literary value.

(c) The Warden may not establish an excluded list of publications. This means the Warden shall review the individual publication prior to the rejection of that publication. Rejection of several issues of a subscription publication is not sufficient reason to reject the subscription publication in its entirety.

(d) Where a publication is found unacceptable, the Warden shall promptly advise the inmate in writing of the decision and the reasons for it. The notice must contain reference to the specific article(s) or material(s) considered objectionable. The Warden shall permit the inmate an opportunity to review this material for purposes of filing an appeal under the Administrative Remedy Program unless such review may provide the inmate with information of a nature which is deemed to pose a threat or detriment to the security, good order or discipline of the institution or to encourage or instruct in criminal activity.

In questionable cases, institution staff should consult legal staff.

(e) The Warden shall provide the publisher or sender of an unacceptable publication a copy of the rejection letter. The Warden shall advise the publisher or sender that he may obtain an independent review of the rejection by writing to the Regional Director within 20 days of receipt of the rejection letter. The Warden shall return the rejected publication to the publisher or sender of the material unless the inmate indicates an intent to file an appeal under the Administrative Remedy Program, in which case the Warden shall retain the rejected material at the institution for review. In case of appeal, if the rejection is sustained, the rejected publication shall be returned when appeal or legal use is completed.

See BP-A0953, Notification to Inmate and Publisher/Sender of Rejected Publication, for a sample.

The Warden will retain the rejected publication for 20 days from the date the inmate is sent written notification of the rejection. The 20 -day period allows the inmate to file an appeal under the

P5266.11 11/9/2011 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5 Administrative Remedy Program. If he/she does not file within 20 days, the rejected publication may be returned to the publisher.

If the inmate does file an appeal, the Warden will retain the rejected publication at the institution. The rejected publication (or the offensive portion of it) must be reviewed before a staff response is prepared for the BP-229, Request for Administrative Remedy or, when applicable, a BP-230, Regional Appeal of Administrative Remedy or BP-231, Central Office Appeal of Administrative Remedy, respectively.

The Regional Office and Central Office should not respond to a BP-230 or BP-231 appeal without first reviewing either the rejected publication or a copy of the offensive portion of it.

(f) The Warden may set limits locally (for fire, sanitation, or housekeeping reasons) on the number or volume of publications an inmate may receive or retain in his quarters. The Warden may authorize an inmate additional storage space for storage of legal materials in accordance with the Bureau of Prisons procedures on personal property of inmates.

3. STATUTORY RESTRICTIONS REQUIRING RETURN OF COMMERCIALLY

PUBLISHED INFORMATION OR MATERIAL WHICH IS SEXUALLY EXPLICIT OR

FEATURES NUDITY

540.72 Statutory restrictions requiring return of commercially published information or material which is sexually explicit or features nudity.

Title 18 of the United States Code, Section 4042 note, states:

“[N]one of the funds appropriated or otherwise made available to the Federal Bureau of Prisons may be used to distribute or make available any commercially published information or material to a prisoner when it is made known to the Federal official having authority to obligate or expend such funds that such information or material is sexually explicit or features nudity.”

Procedures in this section affect publications received on or after August 28, 1999. Publications authorized before that date will be retained and transferred per the Program Statement Inmate Personal Property.

(a) When commercially published information or material may not be distributed by staff or made available to inmates due to statutory restrictions (for example, a prohibition on the use of appropriated funds to distribute or make available to inmates information or material which is sexually explicit or features nudity), the Warden or designee shall return the information or material to the publisher or sender. The Warden or designee shall advise the publisher or sender that an independent review of the decision may be obtained by writing to the Regional

P5266.11 11/9/2011 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 6 Director within 20 days of receipt of the notification letter. Staff shall provide the inmate with written notice of the action.

Mailroom staff will return publications found to be non-distributable on the basis of the definitions listed in subsection (b) below. The publications will be returned with the appropriate attachment.

Ordinarily, the outside cover is used to assess content or the need for further review.

Non-distributable publications will be returned to the sender or publisher with a BP-A0954, Notification to Publisher of Return of Publication. The publications may be returned in bulk, annotating the number of returned copies.

Materials extracted, photocopied, or clipped from such publications will also be returned to the sender with a BP-A0955, Notification to Sender of Return of Materials.

Under subsection (a) of this section, there is no need to delay the return of non-distributable publications or materials even when an inmate appeals under the Administrative Remedy Program, because the statutory restriction on making the material available precludes any inmate review.

Inmates will be notified via the BP-A0956, Notification to Inmate of Return of Publication or Materials.

Although the publication or material is returned, the Warden will ensure a copy of the publication cover and one page of the banned information or material is copied and retained at the institution in case of a subsequent appeal by the inmate or publisher/sender.

Inmates may use the Administrative Remedy Program to appeal return of materials. However, as 18 U.S.C. 4042 note prohibits the Bureau from distributing the material, inmates may not review copies of returned materials in connection with administrative remedy filings.

Only one copy of the retained, statutorily prohibited information is to be retained by the Warden, even if the publication is mailed to several inmates:

For example, if the April 2009 publication of XYZ is mailed to 20 inmates, that publication cannot be made available to inmates. Only one issue of the publication needs to be retained. A copy of the notification sent to each inmate will be attached to the retained material.

(b) Definitions. For the purpose of this section:

(1) Commercially published information or material means any book, booklet, pamphlet, magazine, periodical, newsletter, photograph or other pictorial depiction, or similar document, including stationery and greeting cards, published by any individual, organization, company, or corporation which is distributed or made available through any means or media for commercial purposes. This

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(2) Nudity means a pictorial depiction where genitalia or female breasts are exposed.

Specifically, when the pictorial depiction of the female breast displays the areola or nipple, this material will be rejected.

(3) Features means the publication contains depictions of nudity or sexually explicit conduct on a routine or regular basis or promotes itself based upon such depictions in the case of individual one-time issues. Publications containing nudity illustrative of medical, educational, or anthropological content may be excluded from this definition.

Section 2.c. prohibits the establishment of an excluded list of publications. It is important to review each individual publication for unacceptable content. The following are examples of commercial publications that contain nudity illustrative of medical, educational, or anthropological content, which are allowable:

National Geographic. Our Bodies, Ourselves.

Also, the following are examples of commercial publications that may be allowable if they do not contain depictions of nudity:

Sports Illustrated swimsuit issues. Lingerie catalogs.

However, if the above examples contain depictions of nudity not illustrative of medical, educational, or anthropological content, they should be rejected under this section. A publication may change a single issue or its general policies and practices at any time, which would make it acceptable or unacceptable for distribution. The examples above are guidelines only and are subject to change.

(4) Sexually explicit means a pictorial depiction of actual or simulated sexual acts including sexual intercourse, oral sex, or masturbation.

For purposes of this section, written text does not qualify a publication as sexually explicit.

Publications with sexual content that are not returned under these procedures are still subject to rejection through procedures in Section 2.b.(7). For example, publications that contain sexually explicit text, feature sadomasochism or bestiality, or involve children may not meet the definitions in this Section for sexually explicit or nudity, but may be considered detrimental to the security and good order of the institution, per Section 2.b.(7).

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REFERENCES

Program Statements

Federal Regulations Federal Regulations cited in this Program Statement are contained in 28 CFR 540.70-72.

BOP Forms (available on Sallyport) BP-229 Request for Administrative Remedy BP-230 Regional Appeal of Administrative Remedy BP-231 Central Office Appeal of Administrative Remedy BP-A0953 Notification to Inmate and Publisher/Sender of Rejected Publication BP-A0954 Notification to Publisher of Return of Publication BP-A0955 Notification to Sender of Return of Materials BP-A0956 Notification to Inmate of Return of Publication or Materials

ACA Standards 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-5D-01. 4th Edition Standards for Adult Correctional Institutions: 4-4490. 4th Edition Standards for Adult Local Detention Facilities: 4-ALDF-5B-07.

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