Correspondence

PS 5265.14 (4/5/2011) · Official PDF on bop.gov →

Postal mail, the paper kind. What gets opened, what gets read, what gets rejected, and the difference between general correspondence and "special mail," which is the only mail carrying real privilege. Assume everything else is read. This is also where the small stuff lives that families learn the hard way: no stamps in the envelope, no cash in the envelope, no photos of the kind the policy spells out, and 30 days of forwarding after a transfer. People confuse this one with the TRULINCS policy constantly; the numbers are one digit apart and the privacy rules are not the same. PS 5265.13 is email. This one is mail.

A local supplement almost certainly applies Wardens issue institution supplements to fill in whatever national policy leaves up to the facility, and this is one of the policies they supplement most often. What's below is the national floor. The supplement is the version staff actually work from day to day: the hours, the limits, the forms, the local exceptions. It can't contradict the policy below, but it can be far more specific than anything on this page, and it's usually where the rule you can't find here lives. No supplements are posted on this site yet. They're written facility by facility and the BOP doesn't publish them in one place, so they go up as I get current copies. Until then, the person inside can ask their unit team for the institution supplement to PS 5265.14, usually numbered with the facility's code in front of it and kept in the law library. The facility's Facebook group is the other place people find out what the local version says.

SECTION 1: PURPOSE AND SCOPE § 540.10 (EXCERPT)

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.

Incoming and outgoing general correspondence will be subject to monitoring, reading, and inspection.

SECTION 2: DEFINITIONS § 540.2 (EXCERPT)

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.

(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.

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".

SECTION 4: CONTROLS AND PROCEDURES § 540.12 (EXCERPT)

(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.

SECTION 5: NOTIFICATION OF REJECTIONS § 540.13 (EXCERPT)

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.

SECTION 6: GENERAL CORRESPONDENCE § 540.14 (EXCERPT)

(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

(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.

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 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.

SECTION 7: RESTRICTED GENERAL CORRESPONDENCE § 540.15 (EXCERPT)

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

(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.

SECTION 9: CORRESPONDENCE BETWEEN CONFINED INMATES § 540.17 (EXCERPT)

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.

SECTION 10: SPECIAL MAIL § 540.18 (EXCERPT)

(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.

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.

SECTION 13: PAYMENT OF POSTAGE § 540.21 (EXCERPT)

(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.

(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.

(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.

(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.

SECTION 15: INMATE FUNDS RECEIVED THROUGH THE MAILS § 540.23 (EXCERPT)

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.

SECTION 17: CHANGE OF ADDRESS AND FORWARDING OF MAIL FOR INMATES § 540.25 (EXCERPT)

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

(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."

Source: PS 5265.14 (4/5/2011), bop.gov/policy/progstat/5265_014.pdf. U.S. government work, public domain. Excerpts only; the official PDF controls.

This national policy sets the outer limits. The details that actually affect you get set by each prison's warden, which is why mail rules differ from one facility to the next. The specifics your family cares about live in the local supplement, posted on the unit bulletin board or in the library. Read that early.

Regular mail gets opened and can be read. Write every letter like a staff member is reading it, because one might be. Legal and special mail is the only stuff that gets real privacy, and that's covered further down.

Don't mail anyone a package as a surprise. It has to be approved first. A box that shows up without approval is treated as contraband and rejected.

This is the most important detail in the whole policy for anyone with a lawyer. Legal mail privacy is not automatic. The envelope has to show it's from the attorney and be marked on the front "Special Mail — Open only in the presence of the inmate." Miss either piece and staff can legally open it and read it like any other letter. When a lawyer's letters keep getting read, this is almost always why.

What you put in a letter can become evidence. Threats, extortion, or anything that reads like planning a crime gets you a shot and can get copied and handed to law enforcement for a new charge. People forget this when they vent on paper. Don't.

If mail gets rejected, both sides are supposed to be told in writing, told why, and told they can appeal. The appeal goes to a different staffer than the one who rejected it. If your mail keeps bouncing and nobody's putting a reason in writing, they're skipping a step the policy requires.

A real perk of camp and low. If you're sentenced at a minimum or low, your outgoing letters can be sealed and go out unread, unless you're on the restricted list, it's inmate-to-inmate mail, the return address is incomplete, or they suspect trouble. This only covers mail going out. Everything coming in still gets opened at every level. At medium and up it's stricter, but that's outside my lane, I did low.

Worth saying plainly for the white-collar families I hear from: fraud and "sophisticated" cases are named in the policy as the kind that gets extra mail scrutiny. If the case involved schemes or fraud, don't be surprised if the mail gets watched more closely. Nothing to panic about. Just write accordingly.

You can't run a business from inside, and mail that reads like you're running one gets rejected. It's also a disciplinary offense, code 408. The line is protect versus operate: you can sign papers, deal with your mortgage, and handle property you already owned, but you can't make business decisions or direct employees by mail. This catches a lot of self-employed people who assume they can keep things going by letter. You can wind down and protect. You can't keep operating.

Don't mail in nude or racy photos. A partner sometimes thinks it's a nice gesture. Inside it's a rejected letter and a safety problem, since photos get around. Keep mailed photos PG.

Even when someone's mail privileges get pulled down to a pre-approved list as punishment, immediate family stays reachable. Spouse, parents, kids, siblings don't get cut off unless that specific person is the problem.

Writing to someone who's also locked up needs approval. Two ways in: they're immediate family, or you're both in the same legal case, and you have to keep proving the case connection with paperwork refreshed every six months. This comes up for co-defendants and for families with more than one person inside. Doable, but it's a process, and that mail is always readable and never sealed.

Done right, legal mail is opened only while you're standing there, checked for physical contraband, and not read or copied. Done wrong, meaning the envelope isn't marked and identified, it gets read like anything else. The protection lives on the outside of the envelope, not in who wrote it. Telling your lawyer how to mark it is on you, the inmate, not on the BOP.

Usually you can buy up to 20 stamps a trip and hold no more than 60 at once, though the warden can allow more. This matters because stamps are the unofficial currency inside, traded for goods and services since cash isn't allowed. The possession cap is part of why you can't stockpile a big pile of them. These numbers are from the 2011 policy and your local supplement can differ, so check it.

Being broke can't stop someone from mailing court papers, letters to a lawyer, or a grievance. The prison has to spot them stamps for that, roughly five a week. Separately, a person with no money still gets stamps to write home, about five letters a month. If a loved one has nothing on their books, they can still reach you.

Don't mail stamps in. It feels helpful since stamps are money inside, but they just get bounced back to you. Want to help with postage? Put money on the account instead.

Never put cash or a check inside a letter. It gets rejected. Money for someone's account goes to the central commissary lockbox with their name and register number, or you load it electronically, which is easier. And the account itself gets watched: big lump sums or a lot of deposits fast get flagged and can trigger a look. Keep deposits normal and from people they actually know.

After a transfer or release, regular mail only forwards for 30 days, then it starts bouncing back to senders. The BOP won't tell your contacts the new address, that's on the inmate. When a move happens, get the new mailing address out to family fast. This is a common reason letters suddenly stop arriving after a transfer.

Need help with this? Just ask.

These pages cover the general rules. Your situation has details they don't. Email me a question. Answers are free, and "you don't need to pay anyone for this" is my most common answer.

josh@federalprisondude.com

I answer in the order received, usually within a couple of days. I have a day job. If your situation genuinely needs more than an email, I take a limited number of consults, so say so and we'll work it out.

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