§ 11-11-3-4 — Inspecting and reading correspondence; removal of items

Indiana § 11-11-3-4

• Jurisdiction: Indiana
• Art. 11: CORRECTIONAL STANDARDS AND
• Ch. 3: Correspondence, Censorship, and Visitation

Text

(a) The department may read and examine
correspondence sent to or from a confined person unless it is clearly
marked as correspondence that is privileged under state or federal law.
The department may not disclose the contents of the correspondence to
another person unless:
(1) the department has reasonable grounds to believe that the
correspondence:
(A) poses an immediate danger to the safety of an individual or
a serious threat to the security of the facility or program; or
(B) is prohibited under section 2(b) of this chapter;
(2) the correspondence contains contraband or prohibited
property;
(3) the confined person has been:
(A) convicted of a crime that involved the use of
correspondence to engage in an illegal activity; or
(B) found guilty after a hearing conducted by the department of
using correspondence to commit misconduct;
(4) the department receives a written request from a supervising
authority of any federal or state law enforcement agency stating
that the agency has reasonable grounds to believe that a crime is
being committed or has been committed by the confined person
and that the department should monitor the confined person's
correspondence; or
(5) the department has reasonable grounds to believe that the
correspondence may pose a threat to national security.
(b) The department may open correspondence that is sent to or from
a confined person to inspect for and remove contraband or prohibited
property and to permit removal of funds for crediting to the confined
person's account. The correspondence may not be read, censored,
copied, or otherwise interfered with in regard to its prompt delivery
unless it is not clearly marked as correspondence that is privileged by
other law and:
(1) the department has reasonable grounds to believe that the
correspondence:
(A) poses an immediate danger to the safety of an individual or
a serious threat to the security of the facility or program; or
(B) is prohibited under section 2(b) of this chapter;
(2) the correspondence contains contraband or prohibited
property;
(3) the confined person has been:
(A) convicted of a crime that involved the use of
correspondence to engage in an illegal activity; or
(B) found guilty after a hearing conducted by the department of
using correspondence to commit misconduct;
(4) the department receives a written request from a supervising
authority of any federal or state law enforcement agency stating
that the agency has reasonable grounds to believe that a crime is
being committed or has been committed by the confined person
and that the department should monitor the confined person's
correspondence; or
(5) the department has reasonable grounds to believe that the
correspondence may pose a threat to national security.
(c) The department may adopt procedures to inspect correspondence
to or from an offender to determine whether the correspondence
contains contraband or prohibited property under subsection (a) or (b).
The department shall inform the offender whenever the department
removes the offender's funds under subsection (b), including the dollar
amount.
(d) For purposes of this section, disagreement with the sender's or
receiver's apparent moral, political, ethical, ethnic, or religious values
or attitudes, veracity, or choice of words may not be used as a reason
for censoring, copying, delaying, or disallowing the delivery of a
personal communication.
(e) This subsection does not apply to correspondence described
under subsection (a)(4), (a)(5), (b)(4), or (b)(5). If the department
delays, censors, copies, or withholds correspondence, it shall promptly
notify the person. The notice must be in writing and specify the reason
for the action, the name of the sender, the date of any postmark, the
date the correspondence was received or deposited at the facility or
program, the proposed disposition to be made of the correspondence,
the name of the person who made the decision, and the fact that the
department's action may be challenged through the grievance
procedure.
(f) The department shall maintain a record of each decision to
withhold, copy, delay, or otherwise interfere with the prompt
transmission of correspondence. This record must indicate the
information set forth in the notice prescribed in subsection (e). The
department shall establish policies to ensure that the contents of any
monitored correspondence shall be shared only with necessary
department staff. However, if the department believes that any
correspondence contains evidence of criminal activity, that
correspondence, or a copy, may be shared with appropriate federal or
state law enforcement officials.
As added by Acts 1979, P.L.120, SEC.4. Amended by
P.L.150-1983, SEC.2; P.L.99-1986, SEC.2; P.L.145-1995, SEC.1;
P.L.103-1999, SEC.1; P.L.101-2006, SEC.22.