AUTHORITY

Ohio Revised Code 5120.01 authorizes the Director of the Department of Rehabilitation and Correction, as the executive head of the department, to direct the total operations and management of the department by establishing procedures as set forth in this policy.

‌PURPOSE

The purpose of this policy is to set forth policy and procedures which govern the handling and processing of mail, other than legal mail, including mail inspections.

‌APPLICABILITY

This policy applies to all incarcerated persons (IPs) and staff of the Ohio Department of Rehabilitation and Correction (DRC) and specifically mailroom staff who process incoming mail and other staff who are responsible for reviewing or screening material intended for the incarcerated population.

‌DEFINITIONS

The definitions for the terms below can be found at the top of the policies page on the DRC Intranet/Internet.

Definitions Link

• Certified Mail

• Electronic Mail (E-Mail)

• Legal Mail

• DRC Mail Processing Center (OMPC)

• Printed Material

POLICY

‌It is the policy of the DRC to process mail in an efficient, timely manner and to regulate the property of IPs in accordance with Ohio Administrative Code (OAC) Rules 5120-9-17 and 5120-9-19.

PROCEDURES

General Procedures:

1. Letters which are incorrectly addressed may be returned to the sender after a reasonable effort to ascertain the addressee has failed.

   
   

2. First class letters and packages shall be forwarded in a timely manner to the person’s new address, if it is known, following transfer or release. The forwarding address shall be recorded either in the Cashier’s Office or DOTS Portal, based on the person’s date of release. Both areas should be consulted to verify the forwarding address. All forwarding items shall be logged on to the Mail Forwarding Log (DRC2633). All packages shall be logged on to the Inmate Package Log (DRC2631) on DOTS Portal. If this information is not available in either location, first class letters or packages shall be returned to the sender.

3. Mail marked with a legal mail control number shall remain unopened and be forwarded to the IP at their current institution. All forwarded mail marked with a legal control number shall be logged onto the Mail Forwarding Log (DRC2633).

   
   

4. Mail can only be withheld and disposed of using procedures set forth in OAC Rule 5120-9-17, Incoming Mail or OAC Rule 5120-9-19, Printed Materials.

   
   

5. Postage and embossed envelopes shall be available for sale to the incarcerated population in the institution commissary. IPs may send one (1) letter each month at state expense.

   
   

Regular Mail:

1. Universal precautions, including minimum risk level personal protection equipment (PPE) as defined in DRC Policy 10-SAF-19, Fentanyl Exposure – Prevention and Response, should be used when opening and processing incoming mail. Each institution shall have a written plan to address the proper handling of suspicious packages or envelopes to include isolation of the package and notification of appropriate staff and, if necessary, outside agencies. The written plan shall include steps for processing incarcerated population regular mail, certified mail, Legal Mail, and mail addressed to staff.

   
   

2. All incoming mail, except legal mail, shall be processed in an area located outside of the facility or in an area of the facility designated by the managing officer and approved by the appropriate regional director to minimize possible exposure. Each item shall be opened and processed under a ventless hood system designed to prevent the exposure of staff to potentially hazardous substances and contamination of the area.

   
   

3. Envelopes and/or packages suspected of containing contraband items shall be placed in an isolated area until such time as they can be opened by a DRC staff member who has been trained to handle potentially hazardous materials.

   
   

4. All incarcerated population mail, other than legal mail, shall be opened, and may be read, copied, and/or scanned in the institution mail room or mail processing center (OMPC) and inspected for the presence of cash, checks, money orders, and/or other contraband. Any contraband received through the mail shall be documented on a Notice of an Unauthorized Item Received/Withholding

   of Incoming Mail (DRC4225) and disposed of in accordance with OAC Rule 5120-9-55, Contraband.

   
   

5. All mail shall be removed from the envelope. All first-class letters, front of envelopes, pictures, greeting cards, and brochures up to 8 ½ x 11 will be copied and/or scanned into an electronic format. The front of the envelope shall be copied in such a way as to preserve the return address and attached to the contents. The remainder of the envelope shall be discarded. Items received in color will be copied in color and black & white items will be copied as black & white. Photographs, to include those professionally produced, are subject to copying and/or scanning. An IP may choose to have photographs, whether personally or professionally produced, sent to another address at their expense. The original photograph(s) will otherwise be destroyed at the end of the 30-day holding period. Incoming mail will be held for thirty (30) days before it is destroyed.

   
   

6. All incarcerated population regular mail may be read and copied or scanned in the institution mail office or OMPC. A copy of the mail shall then be promptly delivered to the IP unless it is a threat to security. IPs shall be notified when incoming or outgoing mail is withheld in part or in full, as set forth in OAC Rule 5120-9-17, Incoming Mail. IPs and senders shall be notified using a Notice of an Unauthorized Item Received/Withholding of Incoming Mail (DRC4225). Both parties shall receive notification using the Notice of an Unauthorized Item Received/Withholding of Incoming Mail (DRC4225) once a decision is made.

   
   

7. Printed materials, including magazines, calendars or other professionally produced materials intended for commercial distribution, shall be removed from the envelope or package, and reviewed for security concerns. Printed materials shall not be copied. The processing or withholding of incoming printed materials is outlined in DRC Policy 75-MAL-02, Printed Material.

   
   

8. Incoming and outgoing letters shall generally be held for no more than forty-eight (48) hours and packages shall be held for no more than seventy-two (72) hours, excluding weekends and holidays. These delivery timeframes do not apply to emergencies or other unforeseen situations.

   
   

First Class Mail Enclosures

1. IPs may receive the following in a first-class letter subject to copying, scanning, screening, and possible exclusion from the institution under DRC Policy 75-MAL-02, Printed Material, OAC Rules 5120-9-17, Incoming Mail, and 5120-9-19, Printed Material:

   1. Cards and letters from family and friends are scanned at the OMPC and shall be subject to the following requirements:

      1. Fifteen (15) pages, written/typed, front and back, on white or yellow paper (no larger than 8 ½” by 14),

      2. Professional greeting cards single or multi-fold – “pop out” cards are prohibited,

      3. Ten (10) photos.

         *Official or court mail that is processed as regular mail per the legal mail definition shall not have a page limit requirement. All copied pages shall be delivered to the IP.

   2. Items permitted by DRC Policy 75-MAL-02, Printed Material.

2. A religious organization may send a religious medallion to an IP subject to the possession limit, value limit, and certificate of ownership requirements of DRC Policy 61-PRP-01, Personal Property – Incarcerated Persons.

   
   

3. Other items, including but not limited to, postage stamps, laminated stickers, glue, glitter, lipstick, or perfume, etc. are prohibited.

   
   

Certified Mail:

1. When the IP bears the mailing cost, there is no limit on the volume of letters they can send or receive or on the length, language, content, or source of mail or publications except when there is reasonable belief that limitation is necessary to protect public safety or institutional order and security. All institutions shall provide certified mail services for the incarcerated population. IPs may request certified mail service provided they bear the full cost of postage, the cost of certification and the cost of return receipts, if requested. When the receipt is returned, it shall be given to the IP and not maintained in the mailroom.

   
   

2. Postage and embossed envelopes shall be available for sale in the institution commissary and through DRC approved vendors. Envelopes ordered through an approved vendor will not count towards package limits. Envelopes may not be mailed to IPs by individuals. IPs may send one (1) letter each month for which DRC will pay current first-class postage rates as established by the United States Postal Service (USPS) for a standard letter to maintain community ties. Any additional postage costs shall be paid by the IP.

   
   

3. Certified mail that is also not legal mail is not required to be opened in the presence of the addressee and may be processed as regular incoming mail. If requested, the return receipt shall be mailed to the sender. For example, certified mail arriving from the IRS would not be legal mail. That mail would be logged on the legal mail log, but otherwise processed as regular mail.

   
   

4. Certified mail shall be logged on the Legal Mail Log (DRC2632) and delivered to the addressee within forty-eight (48) hours, excluding weekends and holidays or emergency or unforeseen situations.

IRS Mail Procedures:

1. The IRS requests that ODRC destroy IRS publications and blank IRS federal tax returns contained in incoming mail addressed to IPs.

2. An IP’s completed federal tax returns shall only be mailed directly to the Internal Revenue Service (IRS). The IRS will review the correspondence and take appropriate action. Additional information on mailing IP tax returns is available to prison officials via email.

   
   

3. Any mail to the IRS, other than completed tax returns, shall be mailed using normal processes.

   
   

4. DRC Policy 24-CAS-08, Incarcerated Individual Refund Check, provides procedures for handling incoming mail from the IRS containing a federal refund check. Payments which cannot be verified or posted to an IP’s account will be returned to the IRS or destroyed. Checks can be mailed back to Internal Revenue Service, MS 6575 Prisoner Check KCSC, 333 W Pershing Rd, Kansas City, MO 64108.

Electronic Mail (E-Mail):

1. Electronic mail (E-Mail) is offered to IPs as an additional means of communication with family, friends, and others.

   
   

2. E-Mail is not regular mail nor legal mail and is not subject to other provisions of this policy, nor subject to the provisions of DRC Policy 75-MAL-03, Incarcerated Population Legal Mail.

   
   

3. E-Mail is a privilege and not a right. It is a privilege offered by DRC that may be suspended for violations of institutional rules or rules of conduct. Suspension may be for definite or indefinite time periods, or permanent.

   
   

4. Use of E-mail is subject to monitoring and surveillance at all times.

   
   

5. E-Mail is not confidential. E-mail should not be used, and is not suitable, for confidential legal communications between IPs and their attorneys.

   
   

Electronic Mail (E-mail) Attachments:

1. E-mail attachments (pictures/videograms) are not regular mail nor legal mail and are not subject to other provisions of this policy, nor subject to the provisions of DRC Policy 75-MAL-03, Incarcerated Population Legal Mail, nor subject to the provisions of DRC Policy 75-MAL-02, Printed Material. Attachments that are deemed to be detrimental to, or to pose a threat to the rehabilitation of the incarcerated population, the security of the institution, its staff, or the safety of the public may be excluded. Examples of such items include:

   1. Any display or depiction of sexual contact or sexual conduct,

   2. Any display of partial or full nudity, to include displaying breasts, buttocks, or genitals,

   3. Any display of gang signs, gestures, signals, or gang related material,

   4. Any display of weapons (i.e., guns, knives, etc.),

   5. Any display of acts of violence against others,

   6. Any display of drugs or narcotics.

      
      

2. The initial screening of E-mail attachments will be completed by the vendor. The exclusion may be appealed via kite within fifteen (15) calendar days of the action. The appeal should explain why the excluded item is not detrimental to or does not pose a threat to the rehabilitation of the incarcerated population, the security of the institution, its staff, or the safety of the public. The managing officer or designee will review the appeal and make the final determination within thirty

   (30) calendar days of receipt of the appeal.

   
   

Outgoing Mail

1. There is no limit on the number of letters that an IP may send, nor is there any restrictions as to persons with whom an IP may correspond, except as provided in this policy.

   
   

2. Outgoing legal mail is mail addressed to an attorney at-law, a public service law office, a law school legal clinic, a court of law, or the correctional institution inspection committee. Such mail must be clearly addressed reflecting one of the above addressees and be marked "legal mail" by the IP.

3. IPs must seal their own first-class letters, except in instances where there is to be an enclosure of money or documents held by the institution.

   
   

4. All outgoing mail, including electronic mail, shall be clearly identified by the sender's name, institution number and return address. Any outgoing mail not so identified may be opened and read for the purpose of identifying the sender. All outgoing letters from IPs must be stamped on the front or back of the envelope with a stamp identifying:

   1. That the letter is IP correspondence; and

   2. The sending institution's name and address.

      
      

5. IPs are prohibited from sending any letter or electronic mail:

   1. That is threatening,

   2. That incites, aids or abets or constitutes criminal activity or violations of departmental rules,

   3. That is, or contains evidence of criminal activity or violations of departmental rules,

   4. That is in code or cipher,

   5. That would present a threat to the safety and security of the institution, its staff or IPs,

   6. To any person who the IP has been advised has notified the managing officer that they are being harassed by the IP and do not want to receive correspondence from the IP,

   7. To any person, firm, association, or other entity for the purpose of soliciting funds or property without the prior approval of the managing officer. This provision does not apply to lawful requests made by an IP for funds from an individual who is approved to send money to the IP.

   8. That contains funds being sent to any person not on the IP's approved visiting list.

      
      

6. Any violation of the preceding procedures and prohibitions by the IP is a violation of the IP rules of conduct and may result in disciplinary action. Sanctions for such violations may include a restriction of the IP's mail privileges for a specific period of time. Any mail restriction imposed must be only the minimum required to prevent future abuse of the mail privilege.

   
   

7. Except as provided in subsection VI.H.4 of this policy, outgoing non-legal IP letters may only be opened, read, copied, or withheld, and electronic mail may only be withheld when the managing officer/designee has a reasonable belief that the IP's correspondence meets one of the criteria listed in subsection VI.H.5 of this rule. In such cases the following procedures shall be followed:

   1. The managing officer or designee shall make a request in writing to the Director/designee stating the name and number of the IP, the reasons for believing that the mail meets the criteria listed in subsection VI.H.5 of this policy, and the time period for which permission to open, read, copy or withhold the IP's mail is sought.

   2. The Director/designee shall review the request. The Director/designee may order further investigation before granting or denying such request. If approved, the Director/designee shall document such approval, the name and number of the IP and the time period for which such approval is granted. Approval of the Director/designee to open, read, copy or withhold such mail shall extend only to the managing officer/designee.

   3. The managing officer/designee shall then record on a log the following information for any outgoing non-legal mail that is approved to be opened: the sender's name and number, the dates of approval to open, read, copy or withhold, the name of the managing officer's designee, if

      applicable, the addressee, the date the mail is opened and reviewed, and any action taken as a result of the review.

   4. If, after reviewing such mail, the managing officer/designee determines that it does not meet any of the criteria listed in subsection VI.H.5 of this policy, the mail shall be promptly forwarded to the addressee. If the correspondence is determined to meet one of the criteria listed in subsection VI.H.5 of this policy, it may be copied and/or read and forwarded to the addressee or retained as evidence pursuant to an investigation and/or subsequent criminal or administrative proceeding, or returned to the IP, as deemed appropriate by the managing officer or designee.

   5. In any case where the correspondence is determined to meet the criteria in subsection VI.H.5 of this policy, and it would not hinder any ongoing investigation, the IP shall receive written notice of the withholding of mail and or an appropriately issued conduct report. The notice or conduct report must identify the correspondence by addressee, date or other description, and include an explanation as to why it is being withheld and/or a conduct report being issued.

      
      

8. Outgoing legal IP mail may only be opened if there is a reasonable belief that the mail contains contraband. In such cases the following procedures shall be followed:

   1. Request in writing, as soon as practicable, to the Director/designee approval to open said legal mail. The request shall include the name and number of the sender, the addressee's name and address as it appears on the envelope, and the reason for believing the envelope contains contraband.

   2. The Director/designee shall review the request and as soon as practicable, approve or disapprove the request. Such approval or disapproval shall be documented in writing and reflect the name of the Director/designee approving or disapproving the request.

   3. If the request is denied, the mail shall be promptly delivered to the mail room and processed as outgoing mail without further delay. If the request is approved, the managing officer/designee shall immediately open the envelope in the presence of the sender. The contents may be inspected only to the extent necessary to determine if it contains contraband.

   4. If contraband is found, it shall be handled in accordance with OAC Rule 5120-9-55. Any non-contraband contents shall immediately be returned to the IP who shall be given the opportunity to reseal such contents in another stamped envelope provided by the managing officer/designee, to be taken to the mailroom to be processed as outgoing legal mail without further delay.

   5. The opening and inspection of any outgoing legal mail shall be documented on an outgoing legal mail inspector log. The managing officer/designee shall record the name of the person inspecting the mail, the date of the inspection, the addressee, the sender's name and incarceration number, a description of any contraband found, the disposition of the contraband, and the date any non-contraband contents were mailed.

      
      

Additional Procedures:

1. The mail department supervisor shall complete the Monthly Mail Report (DRC2316) and submit to the responsible deputy warden with a copy maintained at the institution.

2. All other procedures for handling incoming and outgoing correspondence are contained in DRC Policy 75-MAL-02, Printed Material, 75-MAL-03, Incarcerated Population Legal Mail, and in OAC Rule 5120-9-17, Incoming Mail.