# Incoming Publications

PS 5266.11 (11/9/2011) · [Official PDF on bop.gov →](https://www.bop.gov/policy/progstat/5266_011.pdf)

How books, magazines, and newspapers get in. The default is yes, you don't need permission, and the rest of the document is the exceptions: the hardcover-from-a-seller rule families trip over constantly, the security-level differences for paperbacks, the short list of reasons a warden can reject something, and the Ensign Amendment rules for anything with nudity. If a book bounces, the appeal runs through [the grievance system](/resources/program-statements/1330-18-administrative-remedy-program), and this page tells you which arguments actually have teeth.

**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 (the federal Bureau of Prisons) 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 (the staff who run your daily life) for the institution supplement to PS 5266.11, usually numbered with the facility's code in front of it and kept in the law library. [The facility's Facebook group](/resources/support-groups) is the other place people find out what the local version says.

§ 540.70 PURPOSE AND SCOPE (EXCERPT)

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.

> The default is yes. You don't have to ask permission to get a book, magazine, or newspaper. Books and magazines flow in unless the prison finds a specific reason to stop a specific item. This is the whole point of the policy: it's a list of the narrow exceptions, not a wall. And "publication" is broad here — books, magazines, newspapers, newsletters, even catalogs and flyers all count.

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).

> Remember this name. The Ensign Amendment is the federal law that bans the BOP from spending money to hand you anything sexually explicit or featuring nudity. It's the reason a whole separate, stricter set of rules (Section 3 below) exists for that specific kind of material. When your Playboy or lingerie catalog gets bounced, this is usually why — not the warden's personal call, but a spending restriction Congress wrote.

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.

> Two words to watch across this whole document: "receive" and "retain." You're allowed to get publications AND keep them. That matters because the prison can later decide something already in your cell is a problem, or cap how much you can hold onto for fire/space reasons (that comes up on page 5). Getting a book in the door isn't always the end of the story.

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.

§ 540.71 PROCEDURES (EXCERPT)

(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.

> This is the rule families trip over constantly. Hardcover books and newspapers can only come from a real seller — publisher, book club, or a bookstore — no matter what kind of prison it is. This applies everywhere, camps included. So Mom can't mail you the hardcover she bought and read first, and you can't get a newspaper mailed from home. Order it from Amazon, Barnes & Noble, a book club, or the publisher and have it shipped straight to the facility. And whoever sends it, their address has to be right there on the outside of the box or the mailroom will bounce it.

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.

> Here's where the security level of the facility actually changes what you can get. For soft stuff — paperbacks, magazines, printed-out clippings: At a camp or a low, softcover can come from ANY source. Your sister can print an article and mail it. A friend can send a paperback they bought. That's a real perk of lower custody. At a medium, a high, or an administrative facility (detention centers, transfer centers), softcover still has to come from a publisher, book club, or bookstore — same as hardcovers. Note the one carve-out even at camps: newspapers still have to come from the seller everywhere. Only softcover-that-isn't-a-newspaper gets the "any source" freedom.

(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.

> If a book is genuinely out of print — not sold anywhere anymore — the unit manager can let it come from an outside source instead. But you have to prove it's unavailable in writing (a printout showing it's out of stock/out of print), and it gets approved on paper first. This is the escape hatch for the rare old or obscure title you can't buy new. Don't expect it for anything you could still order online.

(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 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:

> A book can't be banned just because staff find it offensive, political, religious, or gross. "I don't like it" is not a legal reason. The warden needs an actual security or criminal-activity reason tied to the specific categories listed next. In practice this is your appeal argument: if something gets rejected, the question is always "which specific security reason," and "we just don't want you reading it" isn't one.

(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.

> This is the actual list of reasons a publication can be tossed. In plain terms: how to make weapons or bombs, how to escape or maps/blueprints of prisons, how to make booze or drugs, anything written in code, anything pushing violence or a riot, anything teaching you to commit a crime, and sexually explicit stuff that's a security threat. "Written in code" catches more than you'd think — it can snag puzzle books, certain foreign-language or cipher-heavy material, anything staff can't easily read. And "include but are not limited to" means this isn't the complete list; it's the main categories. If your book doesn't clearly hit one of these, that's your leverage on appeal.

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

> This is more important than it looks. A mailroom officer, a counselor, a CO — none of them has the authority to reject a publication. Only the warden (or the acting warden when the warden's out) can. So if you're told "the mailroom rejected your book," that's either sloppy shorthand or a process problem. The rejection is only valid if it went up to the warden. Worth knowing if you're filing a grievance over a bounced book.

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.

> Key distinction that runs through the whole document. The Ensign Amendment rules (Section 3) are only about pictures — images of nudity or sex acts. Written erotica doesn't trigger that law. BUT — and this is the catch — sexually explicit text can still get a book rejected under the general security rule (2.b.7) above. So "it's just words, no pictures" gets you past one door and can still get stopped at the other.

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.

> These three categories are the hard stops. Anything involving children is flat-out illegal (it's child pornography, addressed on the next page) and there is no version of it that comes in. S&M and bestiality material can be excluded even if it wouldn't otherwise trip the picture-based Ensign rules. Don't test these.

In addition:

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.

> There's a real line between porn and content that happens to touch sex. Health and reproductive information, news, research, LGBTQ organizations' material, and literature with gay themes are supposed to be allowed — they aren't "sexually explicit" just for being about sex or being gay. And even genuinely explicit material can come in if it has scholarly, social, or literary value. This is the exception that lets serious books (novels, sex-ed, medical texts) through. It's also, realistically, a judgment call that varies by facility, so it's a coin-flip you can appeal, not a guarantee.

(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.

> No blacklists. The prison can't keep a standing "banned titles" list and auto-reject on sight — every single item has to be looked at on its own. And they can't cancel your whole magazine subscription just because a few issues got rejected. Each issue stands alone. So if three months of a magazine got bounced, the subscription itself is still supposed to keep coming, and next month's issue gets its own fresh review.

(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.

> When something gets rejected, they owe you a written notice that says WHICH article or page or image is the problem — not just a vague "rejected for security." That specificity is your ammunition for an appeal. You're also usually allowed to review the flagged material yourself before you appeal, unless the material itself is the kind of thing they won't let you see (like the escape or weapons stuff). If the notice you get is vague, that's a defect worth pointing out in the grievance.

In questionable cases, institution staff should consult legal staff.

> Their own policy tells staff to run close calls past the legal department. Useful to know: if you're appealing a borderline rejection, you're not being unreasonable — the policy itself acknowledges these are hard calls that sometimes need a lawyer to sort out. I'm not a lawyer and this isn't legal advice, but this line tells you the gray area is real and built into the process.

(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.

> Once something's rejected, they mail it back to whoever sent it — UNLESS you speak up and say you're going to appeal. If you say nothing, the book goes back and the clock's ticking. If you say "I intend to appeal," they hold it here while you fight it. Practical move: the moment you learn a publication was rejected, tell your unit team in writing that you intend to file an appeal, so it doesn't get shipped off before you can act.

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 Administrative Remedy Program. If he/she does not file within 20 days, the rejected publication may be returned to the publisher.

> You get 20 days. That's the window to file your appeal (a BP-229) after you're notified. Miss it and the book gets shipped back to the sender. Twenty days sounds like a lot until you factor in mail delays, count freezes, and how slow the grievance process moves — so start the paperwork early, not on day 19.

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.

> The appeal ladder here: BP-229 is the first step at the institution, BP-230 goes up to the Region, BP-231 goes to Central Office (the top). At the regional and national levels, they're supposed to actually look at the material before ruling — not just rubber-stamp the warden. It doesn't always feel that way, but it's the standard you can hold them to.

(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.

> Here's the "retain" catch coming home to roost. Even if every book you own is perfectly allowed, the facility can cap how many you're allowed to physically keep in your space — justified as fire and clutter control. This is real and it bites: guys with a stack of books get told to send some home or donate them. The one break: legal materials can get extra storage space, so your case paperwork doesn't count against your book pile the same way. Don't build a library you'll be forced to purge.

§ 540.72 STATUTORY RESTRICTIONS REQUIRING RETURN OF COMMERCIALLY PUBLISHED INFORMATION OR MATERIAL WHICH IS SEXUALLY EXPLICIT OR FEATURES NUDITY (EXCERPT)

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.”

> This is the Ensign Amendment itself, in the actual statute. It's written as a money rule, not a morality rule: the BOP literally cannot spend a dime of its funding to hand you commercially published material that's sexually explicit or features nudity. Because it's a spending ban, staff have zero discretion to make an exception — they'd be breaking the law. That's why this material gets "returned" rather than "rejected," and why the process (next entries) is stricter and faster than the regular one.

(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 Director within 20 days of receipt of the notification letter. Staff shall provide the inmate with written notice of the action.

> Two big differences from the regular process. First, notice the word "designee" — unlike a normal rejection (which only the warden can do), Ensign returns can be handled by staff the warden assigns, usually the mailroom. Second, this material goes straight back to the sender. You don't get the same "hold it while I appeal" protection, because — see the next entry — the law won't let them keep the material available to you at all, even during an appeal.

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.

> Mailroom staff often judge by the cover — literally. If the outside of a magazine advertises what's inside, that alone can get it pulled without anyone reading further. This cuts both ways: a tame publication with a racy cover can get bounced on looks, and it's why "features" (below) includes anything that promotes itself with nudity on the cover.

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.

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.

> Even though the item ships back to the sender, the prison keeps a copy of the cover and one offending page on file. That's the evidence they'd point to if you or the publisher appeals. Good to know it exists — if you do appeal, that retained page is what the decision hangs on, and you can ask what specifically was flagged.

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.

> The catch-22 of Ensign material. You can still file an appeal — but you can't actually see the thing you're appealing, because the law forbids them from making it available to you even for that. So you're arguing about a magazine you're not allowed to look at. Practically, this makes these appeals very hard to win. The realistic play is preventing the rejection in the first place (don't order borderline stuff), not fighting it after.

(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 definition includes any portion extracted, photocopied, or clipped from such items.

> You can't dodge the rule by clipping or photocopying. If someone tears a page out of a magazine, prints a picture, or mails you a clipping, it's treated exactly like the original publication. So "I just sent a printout, not the whole magazine" doesn't get around anything. Note it also has to be COMMERCIALLY published — a hand-drawn picture or a personal photo is handled under different rules (correspondence and personal property), not this section.

(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.

> This is the exact, literal line the mailroom uses. "Nudity" here has a precise definition: exposed genitals, or a female breast showing the areola or nipple. That specificity is why a swimsuit issue can pass and the same magazine's more revealing shoot can't. It's not about how sexy something feels — it's a mechanical check for whether specific body parts are visible in a photo.

(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.

> "Features" is about whether nudity is the point of the publication — either it does it regularly or it sells that specific issue on it. And there's a real carve-out: nudity that's medical, educational, or anthropological doesn't count. That's the exception that lets an anatomy textbook or a health book with clinical images through. Context matters: a nude photo in a med text is treated differently than the identical exposure in a men's magazine.

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.

> The BOP's own examples, which are genuinely useful. National Geographic and Our Bodies, Ourselves are fine — the nudity in them is educational/anthropological. Swimsuit issues and lingerie catalogs are allowable ONLY if they don't cross the nudity line above (no exposed nipple/genitals). The lesson: it's issue-by-issue, not title-by-title. This month's catalog can be fine and next month's can be rejected. Don't assume a magazine that came in last time will come in this time.

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).

> The two-doors point again, spelled out clearly. Under the Ensign law (this section), "sexually explicit" means PICTURES of sex acts — text alone doesn't trigger it. So an erotic novel isn't returned under Ensign. But it can still be rejected under the general security rule (2.b.7) back on page 3. Same for S&M or bestiality text. Bottom line: "no pictures" gets you past the Ensign door, but explicit writing can still be stopped at the security door. Two separate checks, and material has to clear both.

Source: PS 5266.11 (11/9/2011), [bop.gov/policy/progstat/5266\_011.pdf](https://www.bop.gov/policy/progstat/5266_011.pdf). U.S. government work, public domain. Excerpts only; the official PDF controls.

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