In re Rules Adoption Regarding Inmate Mail to Attorneys, Public Officials, & News Media Representative

576 A.2d 274, 120 N.J. 137, 1990 N.J. LEXIS 91
CourtSupreme Court of New Jersey
DecidedJuly 17, 1990
StatusPublished
Cited by4 cases

This text of 576 A.2d 274 (In re Rules Adoption Regarding Inmate Mail to Attorneys, Public Officials, & News Media Representative) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Rules Adoption Regarding Inmate Mail to Attorneys, Public Officials, & News Media Representative, 576 A.2d 274, 120 N.J. 137, 1990 N.J. LEXIS 91 (N.J. 1990).

Opinion

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal concerns the constitutionality of a narrow category of regulations promulgated by the New Jersey Department of Corrections, N.J.A. C. 10A:18-2.7 and 10A:18-2.6, which are part of an overall regulatory scheme affecting the exchange of written matter between inmates and non-inmates. Specifically, the issue is whether the federal constitution requires that the category of privileged “legal correspondence” be expanded to include correspondence with public officials, government agencies, and the media.

I

On January 5, 1987, the New Jersey Department of Corrections (DOC) proposed regulations governing mail, visitation, and telephone rights of state prisoners. Although the DOC did not hold public hearings, it solicited written comments from the Public Advocate, the Superintendent of a State Correctional Facility, and two state prisoners. On June 5, 1987, after incorporating certain proposals, the DOC adopted the regulations. 19 N.J.R. 1214. Thereafter, the Public Advocate filed this appeal directly to the Appellate Division.1

The regulations regarding inmate mail, N.J.A.C. 10A:18-1 to. 10A:18-5, establish guidelines for processing and examining [140]*140mail between inmates and persons or entities outside the correctional facility. The regulations divide mail into four categories: correspondence, legal correspondence, publications and packages. Correspondence is defined as the “exchange of letters” and refers to all mail that is neither a publication nor legal mail. N.J.A.C. 10A:18-1.3. Legal correspondence is the exchange of letters between an inmate and:

1. An attorney of this State or any other state when properly identified as such on the outside of the envelope;
2. A State Public Defender;
3. Office of the Public Advocate;
4. Attorney General’s office;
5. Federal and State courts;
6. Federal and State court judges;
7. Offices of Legal Services;
8. Legal assistance clinics run by accredited law schools of this or any other State;
9. Administrative Office of the Courts;
10. Prosecutors’ offices;
11. Federal Public Defender;
12. Department of Corrections’ Internal Affairs Unit;
13. Department of Corrections’ Ombudsman; and
14. Office of Administrative Law. [N.J.A.C. 10A:18-1.3].

Publications comprise all other reading matter, such as hardcover books, newspapers, and magazines. N.J.A.C. 10A:18-4.1 to 10A:18-4.17.

The DOC’s classification of mail determines how it is processed. “Incoming correspondence” other than “legal correspondence” is opened and inspected for contraband but is not read “unless there is reason to believe that [it] contains disapproved content,” and then only “upon [the] prior authorization of the Superintendent or his or her designee.” N.J.A.C. 10A:18-2.6(g). Correspondence is deemed “disapproved” if

1. [It] contains material which is detrimental to the security and/or order of the correctional facility because it incites violence based upon race, religion, creed or nationality and a reasonable inference can be drawn, based upon the experience and professional expertise of correctional administrators, that it may result in the outbreak of violence within the facility;
2. [It] contains information regarding the manufacture of:
i. Explosives;
[141]*141ii. Weapons;
iii. Controlled dangerous substances;
iv. Escape plans;
v. Lockpicking; or
vi. Anything of a similar nature.
3. [It] contains information which appears to be written in code;
4. [It] contains information concerning activities within or outside the correctional facility which would be subject to criminal prosecution under the law of New Jersey or the United States;
5. [It] incites violence or destructive or disruptive behavior toward:
i. Law enforcement officers;
ii. Department of Corrections personnel; or
iii. Correctional facility programs or procedures.
6. [It] contains material which, based upon the experience and professional expertise of correctional administrators and judged in the context of a correctional facility and its paramount interest in security, order and rehabilitation:
i. Taken as a whole, appeals to a prurient interest in sex;
ii. Lacks, as a whole, serious literacy, artistic, political or scientific value; and
iii. Depicts, in a patently offensive way, sexual conduct including patently offensive representations or descriptions of ultimate sexual acts, masturbation, excretory functions, lewd exhibition of the genitals, sadism or masochism. [N.J.A.C. 10A:18-2.14.]

Incoming “legal correspondence,” however, is opened and inspected for contraband only in the presence of the inmate to whom it is addressed, and may not be read or copied. N.J.A.C. 10A:18-S.4. Such correspondence is referred to the Deputy Commissioner only if there is a “substantial reason to believe that [ ] [it] is not legal in nature or that it contains disapproved content.” Ibid.

“Outgoing correspondence” is opened and examined only if there is “reason to believe that [] [it] contains disapproved content,” and then only with the prior approval of the Superintendent or his or her designee. N.J.A.C. 10A:18-2.7(c). Outgoing “legal correspondence” and outgoing correspondence addressed to the President or Vice-President of the United States, Members of Congress, Members of the Federal Parole Board, the Director of the Federal Bureau of Prisons, the Governor, Members of the State Legislature, Members of the State Parole [142]*142Board, and the Commissioner, however, is not opened, read, or censored. N.J.A.C. 10A:18-2.7(b).

Publications are treated essentially the same as non-privileged incoming and outgoing correspondence. N.J.A.C. 10A:18-4.5; 10A:18-4.7. All incoming and outgoing packages are opened and inspected. N.J.A.C. 10A:18-5.3; 10A:18-5.4.

The Public Advocate challenges those regulations that allow corrections officials to open, read, and censor mail between inmates and public officials, government agency officials, and media representatives.

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Related

Pryor v. Department of Corrections
929 A.2d 1091 (New Jersey Superior Court App Division, 2007)
In Re Readoption of Njac 10a: 23
842 A.2d 207 (New Jersey Superior Court App Division, 2004)
Balagun v. New Jersey Department of Corrections
824 A.2d 1109 (New Jersey Superior Court App Division, 2003)
Matter of Rules Adoption
576 A.2d 274 (Supreme Court of New Jersey, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
576 A.2d 274, 120 N.J. 137, 1990 N.J. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rules-adoption-regarding-inmate-mail-to-attorneys-public-officials-nj-1990.