Michael Hayes v. Idaho Correctional Center, et al

Filing

FILED OPINION (RICHARD A. PAEZ, JAY S. BYBEE and JON S. TIGAR)The judgment is AFFIRMED in part, REVERSED in part, and REMANDED. The parties shall bear their own costs on appeal. Judge: RAP Authoring, Judge: JSB Concurring, FILED AND ENTERED JUDGMENT. [10341443]

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Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 1 of 38 Idaho Department of Correction Open to the public: Title: Telephones and Electronic Communications: Inmate Page: 1 of 17 Control Number: 503.02.01.001 Standard Operating Procedure Adopted: 08-15-1995 Version: 6.0 Yes SCOPE This SOP applies to all Idaho Department of Correction (IDOC) facilities to include central office, inmate telephone system vendor, contract facilities (where applicable), correctional facilities, and community reentry centers (CRCs). Revision Summary Revision date (09/30/2016): Version 6.0: Addition of section 5 Censored or Discarded Electronic er Content, changes to section 4 Electronic Communication System, andent other changes l C a few17 a throughout 20 ction 28, orre ho C ebruaryentire document to include a Revision date (01/05/2015): Version 5.0:.Extensive revision of the v Id d on F e monitoring, attorney non-monitored telephone calls, and changes to staff access to telephones ive Hay electronic communication system. 8 arch d in 07 cite -35 14 No. TABLE OF CONTENTS Scope................................................................................................................................... 1 Table of Contents................................................................................................................. 1 Board of Correction IDAPA Rule Number 503 ...................................................................... 2 Policy Control Number 503................................................................................................... 2 Purpose................................................................................................................................ 2 Responsibility ....................................................................................................................... 2 Standard Procedures ........................................................................................................... 3 1. Overview of ICMS and ECS ........................................................................................... 3 2. Notification of Monitoring and Recording ........................................................................ 3 3. Telephone Call Rules ..................................................................................................... 4 4. Electronic Communication System ................................................................................. 4 5. Censored or Discarded Electronic Content..................................................................... 5 6. Suspending ICMS and ECS Access ............................................................................... 8 Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 2 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 2 of 18 7. Purchase of Telephone Time and Refunds..................................................................... 9 8. Attorney Telephone Calls ............................................................................................... 9 9. Levels of Staff Access .................................................................................................. 11 10. Approving Staff Access to ICMS and ECS.................................................................... 11 11. ICMS and ECS Security ............................................................................................... 13 12. Information Security...................................................................................................... 13 13. Release of ICMS and ECS Files................................................................................... 14 14. Interception of Suspicious Telephone Calls or Email Activity ........................................ 15 15. ICMS and ECS Recording Retention............................................................................ 16 16. Requests for Blocking and Unblocking Access ............................................................. 16 Definitions .......................................................................................................................... 17 References......................................................................................................................... 17 BOARD OF CORRECTION IDAPA RULE NUMBER 503 Telephones ter l Cen 17 POLICY CONTROL NUMBER 503 iona 0 rrect ry 28, 2 o Use of Telephones by Offenders ho C rua . Ida on Feb v yes PURPOSE ived in Haoperatinghprocedure (SOP) is to establish rules and arc d The purpose ofcitestandard 78 this 0 procedures for monitoring and recording inmate telephone calls using the IDOC inmate call 4-35 . 1(ICMS) and electronic communications system (ECS) to include rules No management system regarding privileged communications between an inmate and an attorney. RESPONSIBILITY IDOC Leadership The director of the IDOC, chief of the management services division, and chief of the prisons division or their designees are responsible for implementing this SOP in their respective areas of responsibility. Chief of the Prisons Division The chief of the prisons division is responsible to designate a staff member to serve as the prisons intelligence coordinator assigned to the special investigation unit. Chief of the Management Services The chief of management services or designee is responsible for: Providing oversight of the applicable vendor contracts Identifying a contract administrator Ensuring that the telephone vendor installs telephone-monitoring software that informs the caller and recipient (a) from what facility the call originates, and (b) that the telephone call may be monitored and recorded Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 3 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 3 of 18 Ensuring that the ECS vendor uses security filters and provides notices to the public and inmates regarding rules and procedures Ensuring all authorized attorney telephone numbers are properly configured as privileged, do not record as set forth below Managers and Facility Heads Managers and facility heads or designees are responsible for: Recommending specific staff members to be granted access to the ICMS and ECS Ensuring IDOC employees and contractors are practicing the guidelines, standards, and procedures provided herein Special Investigations Unit (SIU) Intelligence Coordinator The SIU intelligence coordinator (hereafter referred to as intelligence coordinator) is responsible for: Overseeing the inmate telephone and ECS monitoring practices Maintaining a list of staff members approved to access the ICMS and ECS. Contract Administrator The contract administrator (located in the contract services bureau) is responsible for ensuring the contract providers fulfill all obligations as required entercontract and in the al C 01 monitors all operational practices as defined within the scope of work. 7 tion 1. ,2 ec Corr ruary 28 STANDARD ho a PROCEDURES v. Id d on Feb yes e Overview of ICMS and ECS in Ha 8 archiv d cite - Correction (IDOC) requires that the ICMS and ECS have The Idaho Department of3507 4 monitoring andNo. 1 recording capabilities for safety, security, and investigatory purposes. ICMS and ECS use is a privilege, not a right, and nothing in this SOP should be construed to mean that such access or use is a right. Staff violating the provisions of this SOP may be subject to corrective or disciplinary action in accordance with Corrective or Disciplinary Action SOP 205.07.01.001. 2. Notification of Monitoring and Recording Telephones Inmates and members of the public must be informed that telephone calls are recorded and may be monitored. The telephone vendor must ensure that the ICMS software informs inmates and the public that telephone calls are recorded and may be monitored. The contract administrator must ensure that the ICMS vendor provides signage, which states that calls are recorded, may be monitored, and that the signage is posted near ICMS telephones. Electronic Communication System Inmates and members of the public must be informed that all types of ECS (email, secure photo share, video messaging, etc.) are archived and may be reviewed at any time. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 4 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 4 of 18 The communications vendor must ensure that the ECS software informs inmates and the public that forms of communications are archived and may be reviewed at any time. The contract administrator must ensure that the ECS vendor provides signage or kiosk communication, which states that all ECS mediums are archived and may be reviewed. 3. Telephone Call Rules Inmates must adhere to the following when using the ICMS: Follow the rules described in this SOP, facility rules, and Disciplinary Procedures: Inmate, SOP 318.02.01.001 Only place a telephone call to the number dialed Must not forward calls to another telephone number Must not place three-way calls Must not use another inmate’s personal identification number (PIN) to place a phone call Any attempted or actual violation of the telephone rules or any attempt to circumvent the ICMS is prohibited and may result in one or more of the following: r ente Taking disciplinary action in accordance with DisciplinaryC al Procedures: Inmate 17 ctionin the violation 8, 20 rre Temporarily blocking all telephone numbers involved ry 2 Co a daho n Febru Restricting telephone call privileges v. I es ed o Restitution for stolenay in H funds used ito pay for calls using another inmate’s PIN rch v 4. cited -35078 a Electronic Communication System 14 No. vendor-provided hardware and purchase ECS devices that support Inmates may utilize music, email, digital photographs, video messaging, and other services as approved and authorized by IDOC. Electronic communications via the ECS are not considered privileged or confidential. Electronic communication services (ECS) are provided under contract with an outside third party, and inmates must pay to utilize such services. The IDOC does not bear the cost of ECS for on behalf of indigent inmates. Inmates may not use the ECS to directly contact IDOC staff. Electronic communication services automatically transfer with an inmate as they move housing units or facilities. Services through the ECS solution are generally available to an inmate within three working days of each transfer. Once released from IDOC custody, communication services through the ECS stop immediately. Inmates cannot continue to access the ECS or receive electronic communications via the ECS solution after release. Prohibited Content Use of the ECS is subject to the same rules as other means of mailed communication. The following uses and/or content are expressly prohibited: Receiving any contraband or anything of an illegal or threatening nature Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 5 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 5 of 18 Soliciting or accepting any publication or item that has not been paid for in advance Obligating oneself or others to time payments Joining or participating in book, record, tape, or CD clubs, either personally or via a third party Using coercion, threats, or fraud to obtain money, favors, or anything of value Sending or receiving email, photo share, or communications for another inmate Sending or receiving email with coded messages Directing or conducting any business operations, except as necessary to protect real property or close out a business Soliciting or receiving any information that describes the manufacture of weapons, bombs, explosives, alcohol and drugs, drug paraphernalia, or escape materials Role-playing games and related materials Sending or receiving information related to the crime, sentence, or identity of another inmate Sending or receiving publications or items showing gang involvement or activities ter (enemy lists, constitutions, structures, codes, signs, symbols, photographs, l Cen 17 a drawings, training material, clothing, etc.) 20 ction orre 28, Sending or receiving information advocating that ruary any ethnic, racial, or religious group ho C . Ida an object ebridicule and scorn is inferior or that make suchv groups n F of o es ived Hay ci 3507 Sexually o. 14- nudity or pornographic material to include pictorial depictions of explicit, N nudity, graphic images, personal pictures, drawings, photocopies, or video h Sending ored in 8 arc t receiving information that encourages violence messages. Nudity in this SOP means a pictorial depiction where male or female genitalia, anus, or the nipples or areola of female breasts are exposed. Sexually explicit in this SOP means a pictorial depiction of actual or simulated sexual acts including sexual intercourse, oral sex, or masturbation. Pornographic material in this SOP includes individual pictures, photographs, or drawings of nudity or sexually explicit conduct to include digital photographs, scanned images, or video messages. Publications, drawings, photocopies, and other pictorial materials that meet the description of nudity in this section, but the person has clothing or other covering that is transparent or virtually transparent. Note: The following are permitted: Written content of a sexual nature, publications that do not feature nudity, but contain nudity illustrative of medical, educational, or anthropological content may be excluded from this definition, 5. Censored or Discarded Electronic Content The ECS automatically screens all electronic content for key words and phrases and for any attachments. Any electronic communication which contains key words or phrases or which Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 6 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 6 of 18 has an attachment(s) is automatically flagged and held for IDOC staff review before it can be delivered to its intended recipient. Each facility must have adequate staff assigned to and responsible for reviewing all held electronic communications. When reviewing electronic communication content, reviewing staff must only discard those emails or attachments that violate content rules in this SOP. If an email’s content is permitted but an attachment is not, only the prohibited attachment is discarded and the balance of the email and other attachments, if any, are delivered electronically to the inmate. However, if the email’s content is prohibited but the attachment would otherwise be permitted, limitations of the ECS require that the email and the attachments be discarded. Each facility’s assigned ECS staff has the responsibility to review all flagged electronic communications for content and to ensure that no contraband or prohibited content is allowed to be sent through the ECS. If contraband or prohibited content is identified, the assigned ECS staff member making the determination must follow the process set forth below, including completion of the Electronic Mail Contraband and Denial Form and delivering the form to the inmate. In addition to the staff completing a hard copy of the Electronic Mail Contraband and Denial Form, the ECS automatically notifies the inmate when electronic content has been discarded. The inmate is not refunded for discarded content. r ente Members of the public receive only the electronic notice that content was discarded and the al C 7 ction 28, 201 that is censored public is not refunded for discarded content. Any electronic communication rre Co or discarded due to content remains storedho the ECS. ruary months, content and emails 6 a on daccessibleFto b Afterstaff by contacting the ECS may be archived by the ECS but s v. I are still n e IDOC ye ed o provider. in Ha rchiv 8a ited 14 No. Functional Roles c Contraband--Electronic3507 - Communications and Responsibilities Step Tasks 1 On a daily basis, access the ECS to review all held or flagged electronic communications. 2 View each digital photo or greeting card and watch each VideoGram to determine if any of the content is prohibited. Assigned Staff Take the following actions based on the type of contraband found in an electronic communication: Assigned Staff 3 Approved content – release the electronic communication for delivery to its intended recipient (process ends here). Prohibited content (no attachments) – select from the available categories that indicate what or why the content is prohibited and discard the entire email. Complete the Contraband and Denial Form and Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 7 of 38 Control Number: 503.02.01.001 Version: 6.0 Functional Roles and Responsibilities Title: Telephones and Electronic Communication Systems: Inmate Step Page: 7 of 18 Tasks provide to inmate. Prohibited content in attachments – (a) select the attachment(s) that contains the prohibited content and mark as “discard”, (b) select from the available categories what or why the content is prohibited (c) discard the prohibited content and release the remaining electronic content (and attachments if any) for delivery to its intended recipient. Complete the Contraband and Denial Form and provide to inmate. (process ends here). Prohibited email (with attachments) - select from the available categories what or why the entire content is prohibited and discard the entire email and all attachments. Complete the Contraband and Denial Form and provide to inmate. Assigned Staff ter Emails containing perceivedCen al security or safety risks or 7 which are determinedon need further review are to be cti to 28, 201 e rrsecurity”ry the ECS automatically flagged o Co u and h“sent to reviewaby investigations staff. holds for further eb F r . Ida v n yes ed o Anytime in Ha 8 archiv an electronic communication or any cited -3507 attachment is discarded due to prohibited content, the 14 staff member who took such action must print No. appendix A, Electronic Mail Contraband and Denial Form, complete it as required, and provide a copy to the inmate. Within five business days, review electronic communication flagged “sent to security”. Approved content – release the electronic communication for delivery to its intended recipient. Complete the Contraband and Denial Form and provide to inmate. (process ends here). Investigations Staff 4 Prohibited content (no attachments) – select from the available categories that indicate what or why the content is prohibited and discard the entire email. Prohibited content in attachments – (a) select the attachment(s) that contains the prohibited content and mark as “discard”, (b) select from the available categories what or why the content is prohibited, and (c) discard the prohibited content and release the remaining electronic content (and attachments if any) for delivery to its intended recipient. Complete the Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 8 of 38 Control Number: 503.02.01.001 Functional Roles and Responsibilities Version: 6.0 Step Title: Telephones and Electronic Communication Systems: Inmate Page: 8 of 18 Tasks Contraband and Denial Form and provide to inmate. (process ends here). Investigations Staff Prohibited email (with attachments) - select from the available categories what or why the entire content is prohibited and discard the entire email and all attachments Anytime an electronic communication or attachment is discarded due to prohibited content, the staff member who took such action must print appendix A, Electronic Mail Contraband and Denial Form, complete it as required, and provide a copy to the inmate. 6. Suspending ICMS and ECS Access Facility heads or designees can temporarily suspend an inmate’s ICMS or ECS access or block specific telephone numbers, or email addresses or inmate access for investigative ter purposes. Disciplinary hearing officers (DHOs) can suspend an inmate’s ICMS or ECS l Cen 17 na 0 privileges as a disciplinary sanction in accordance withctio rre Disciplinary ,Procedures: Inmate. Any 28 2 ophone number without a hearing or member of the public can request a blockaho C on their uary Id Febr . the public can discontinue email by cancelling their administrative action. Any member v s of on account. Haye chived n i ar cited -ICMS78 ECS access beyond the investigation or disciplinary 0 or To suspend an inmate’s 35 14 sanction, the IDOC. conducts an administrative hearing (the access restriction can be to one No or more methods of ECS or ICMS depending on the security risk or rule violation). The administrative hearing is similar in structure to an inmate disciplinary hearing. The hearing is recorded, the hearing officer must advise the inmate of the allegations and the department’s intention to initiate long-term restriction of ICMS or ECS or both, and allow the inmate to show cause why long-term restrictions should not be imposed. To initiate this process the facility head or manager must contact the prisons division disciplinary coordinator and the applicable deputy chief or CRC operations manager. The prisons division disciplinary coordinator assists the facility with the hearing process and selection of the hearing officer. A disciplinary hearing officer or similarly trained staff must conduct the hearing and provide the prisons division chief with an audio recording of the hearing. The prisons division chief or designee makes the final decision regarding long-term restrictions in consultation with the facility head or manager. Restrictions on ECS access would not generally include restrictions on commissary access so if long term ECS restriction is approved, facility staff will provide the impacted inmate with an alternative means of ordering commissary, acceptable to the contracted commissary provider. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 9 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 9 of 18 7. Purchase of Telephone Time and Refunds For telephone time purchase and refund information, see Funds: Inmate SOP 114.04.02.001. For the purchase of ECS device and related products, see Commissary, SOP 406.02.01.001. 8. Attorney Telephone Calls Telephone calls between an inmate and an attorney, placed to the attorney’s business telephone number as listed with the Idaho State Bar, are not monitored or recorded. Voice messages left by an attorney using the inmate phone system for an inmate are not privileged, are recorded, and can be monitored. The contract administrator or ICMS vendor must obtain, from the Idaho Bar, the business telephone numbers of all Idaho attorneys and provide the numbers to the ICMS vendor. The ICMS vendor must program the ICMS so that calls made to Idaho attorney telephone numbers cannot be monitored or recorded. Any attorney may request to have his business telephone number added to the nonmonitored list. Requests must be sent to the contract administrator on the attorney’s official letterhead. The contract administrator must use the appropriate state bar website to confirm the attorney is active and in good standing with the bar, and verify the name, address, and telephone number of the attorney. If the telephone number is verified, the contract ter administrator provides the name and contact information to the SIU chief investigator or l Centhe ICMS. Once designee and the prison division’s chief for review prior toona it to2017 ecti adding the 2 , approved by the SIU chief investigator and prisonorr division’s chief, 8 contract administrator ho C whenuary r the programming is complete. adds the number and notifies the attorney in writing eb F . Ida es v on y ive number An attorney can request to add a secondary d request in Ha 8 letterhead, signedto the non-monitored list. The the dthe attorney’sarch must be made using by the attorney representing ite c 3507 inmate, and sent to the contract administrator. Proof of ownership by means of a billing . 14No statement for the number must be provided. Personal information can be redacted from the billing statement, but name, date, account number, and telephone number must be visible. If the number is a second office and the contract administrator can independently verify that is the attorney’s place of business, the billing statement is not required. The contract administrator forwards the request to the SIU chief investigator and the division of prisons chief. The division of prisons chief approves or denies the request and notifies the contract administrator who must take appropriate action, notifying the requesting attorney in writing of the decision and actions taken. Charges for Attorney Calls: Calls to an inmate’s attorney cost the same as calls to members of the public. The inmate can pay for the call using their own funds or, if the attorney has set up a prepaid account with the ICMS provider, use said prepaid funds. Exception, Inmate calls to his public defender of record are free of charge if the public defender has contacted the contract administrator and provided the required documentation. Except for exceptional circumstances, telephone numbers of attorney agents are not added to the non-monitored list. The request and approval process is the same as the process for adding a second number. If the request is approved, a specific length of time must be established. If the attorney needs additional time, he must submit another request. The division of prisons chief approves or denies the request and notifies the ICMS contract administrator who must take appropriate action, notifying the requesting attorney in writing of the decision and actions taken. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 10 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 10 of 18 If the ICMS vendor receives any requests to add numbers to the non-monitored list, the ICMS vendor must forward the requests to the contract administrator. The contract administrator must use the applicable process established in this section. Non-Monitored List Management The contract administrator audits the non-monitored list monthly to ensure that numbers have been approved in accordance with this section. The non-monitored list is forwarded to the SIU investigation chief and division of prisons chief monthly. Unintended Recording of an Inmate/Attorney Telephone Call If an inmate-attorney telephone call (to the attorney’s business number) is inadvertently recorded, the staff member must not listen to the call or immediately stop listening when the staff learns that the call is to an attorney and must not share any of the conversation with other staff, except as noted in the next subsection. The staff member must immediately notify his manager or facility head or designees. The manager or facility head or designees must verify that it is an attorney’s authorized business number and if verified, ensure the number is programmed as a non-monitored number in the ICMS. Once verified that it was an attorney business number, any recorded call to that number must be deleted from the ICMS. If the attorney telephone call was to a number that was not an authorized business number, the facility head or designee must notify the attorney of ntefollowing: the r l Ce a That the telephone number is not on the non-monitored list , 2017 ction 28 rrewith theyIdaho Bar is on the nonThat the attorney’s business number o Co h recorded ruar . Ida on Feb monitored list sv d Haye archiverequest adding an additional number to the nonThe process if the attorney wants to d in 078 monitoredtlist ci e 5 14-3 Suspected Misuse of Inmate/Attorney Telephone Call Privileges No. If a staff member has reason to believe that a conversation or call violates IDOC or facility rules, jeopardizes the facility’s secure and orderly operation, or that a crime has been or may be committed, the staff member must immediately report it to his manager or facility head or designee. The staff member must describe how the information was obtained. The manager or facility head or designees must discuss the issue with the prisons division chief or designee (see Attorney and Professional Staff Access to Inmates, SOP 604.02.01.002 for further information). The prisons division chief or designee may take action, to include, but not limited to, one or more of the following: Advising the attorney that violating IDOC or facility rules may result in his telephone number being blocked from receiving calls from the ICMS Terminating telephone calls between the inmate and the attorney by having the telephone number(s) blocked Reporting the matter to the appropriate authorities, including law enforcement Electronic Communication System Attorney communications using email, digital photograph, and video messaging are not privileged, are archived and may be reviewed. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 11 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 11 of 18 9. Levels of Staff Access The ICMS and ECS have the following levels of access: System Administrator Full system access with the ability to perform all functions, services and applications associated with the ICMS or ECS system at all other levels. System administrator access is limited to the contract administrator, the intelligence coordinator, and others as specifically approved by the prison division chief or deputy chief or designee. Site Administrative Site Administrative access includes monitoring and investigator level 1 access plus the ability to reset personal identification numbers (PIN) and personal access numbers (PAN), reset name recording, and restrict ICMS and ECS access. Access to PIN-PAN is for basic functions such as managing PINs, restricting PAN, and restricting calls to a personal telephone number at the owner’s request. Monitoring Monitoring includes PIN-PAN, PREA, telephone call monitoring, and ECS monitoring. In addition, can monitor recordings at all sites, monitor live calls, forward live calls, review calls from all sites, view notes made on individual calls. r te Monitoring is for staff members who listen to ICMS conversations and review ECS email, l Cen but abusiness, 17 do not need digital photographs, video messages, etc. for official tion IDOC 20 system management functions. orrec ry 28, C aho brua Fe . Id Investigators es v ived on ay PIN-PAN, monitoring, PREA, and monitoring, can listen to Investigator level 2in H d includes rch restricted calls e cit (numbers078 a restricted such as the facility informant line or other 35 marked specialty numbers 4- tightly controlled access) create compact disk (CD) queues, and . 1 with No burn calls and ECS information to a CD, or other storage device. Investigator level 2 includes the ability to save telephone conversations as audio files. To ensure security of recorded conversations, this position is limited to two individuals per facility. The prisons division chief is the approval authority to any exception to the twoperson limit. Prison Rape Elimination Act (PREA) Tip Line This access is limited to monitoring PREA tip lines. Access is typically facility administrative staff and on duty staff members such as shift commanders and assistant shift commanders who can respond to potential victims of sexual assault. Outside Law Enforcement This access is limited to reviewing archived calls placed by IDOC inmates, download calls and access to investigative or mapping tools. To ensure security of recorded conversations, the prisons division chief (or designee) approves law enforcement access. 10. Approving Staff Access to ICMS and ECS Access to the ICMS and ECS is limited to individuals with a legitimate need such as assigned staff, investigators, second in command, facility heads, and individuals with administrative duties required to operate the system. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 12 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 12 of 18 The chief of the prisons division may grant law enforcement agencies access to the ICMS and ECS. To limit the number of people aware of such access, the prisons division chief works directly with the intelligence coordinator when authorizing and implementing access. When access is authorized, the intelligence coordinator either adds the authorized access or contacts the contract administrator for implementing access. The intelligence coordinator must provide the approved agencies with a Non-Disclosure Release Form. The IDOC may revoke access if an agency violates the non-disclosure guidelines. To change staff access during the year, the facility head notifies the intelligence coordinator via email. In consultation with the chief of the prisons division, the intelligence coordinator updates the authorized list and notifies the contract administrator to implement access. The intelligence coordinator can have a staff member’s access removed when needed. This process is used to establish access to ICMS and ECS initially and then used annually for reauthorization. Access rights expire annually and reauthorization must be obtained each year. Requests for initial authorization and reauthorization must be made using the following steps: Functional Roles and Responsibilities Step Tasks 1 By December 1 each year, complete ICMS and ECS ter Access Request. l Cen 17 ona Include up tortwo investigator,level-2 staff. recti ry 28 20 Co a Submit the completed information to the intelligence daho n Febru I v. coordinator. do Facility Heads or Designees yes hive in Ha 8 arcEnsure that each facility has submitted an ICMS and cited -3507 ECS Access Request. o. 14 N Complete an Electronic Communication Access Intelligence Coordinator DOP Deputy Chiefs and CRC Operations Manager Intelligence Coordinator Idaho Department of Correction 2 Request for any additional staff who requires access. Review each ICMS and ECS Access Request and document any concerns. By December 15, forward the E ICMS and ECS Access Requests to the applicable prisons division deputy chiefs and the CRC operations manager. 3 Review each applicable facility ICMS and ECS Access Request Resolve any concerns with the applicable facility head. Complete the ICMS and ECS Access Request. Forward the completed ICMS and ECS Access Request to the intelligence coordinator. 4 Develop a list of the authorized individuals including the level of access authorized. Forward the information to the contract administrator. Notify facility heads of those authorized to access the Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 13 of 38 Control Number: 503.02.01.001 Version: 6.0 Functional Roles and Responsibilities Title: Telephones and Electronic Communication Systems: Inmate Step Contract Administrator 5 Page: 13 of 18 Tasks electronic communication at their respective facilities. File the signed request forms (maintain for two years and then dispose of the forms). Ensure that the vendor provides access to the authorized individuals. 11. ICMS and ECS Security To reduce risk of unauthorized access to the ICMS or ECS, monitoring staff members must only use computers in secured locations that inmates cannot access and cannot use multiuser computers such as a control center, officer station, etc. Staff members authorized must not allow anyone access to ICMS or ECS or give their system login or password information to anyone. When a staff member no longer requires access to the ICMS or ECS or both, the intelligence coordinator or contract administrator removes the staff member from the approved list and ensures that access to the applicable system is removed. nter 12. Information Security l Ce on access and monitor ICMS and ican a 8, 2017 Only staff members authorized as described in sectionct orre 8 y2 ECS. Intercepted information that does not pose a riskbruar be shared or discussed ho C e must not da thatF v. I among staff members. Intercepted information on poses a risk to the safety or security of ayes inmates,d is criminal in nature is only discussed or the facility, safety of staff, H or rchive or d in public,are authorized to receive such information and have a need shared with staff imembers5078 c te -3 who a to know. o. 14 N With exception of the intelligence coordinator, contract monitor, and SIU investigators, staff members must only monitor the restricted numbers (“tip line”) at the facility to which the staff member is assigned (see Investigations and Intelligence Program SOP 504.02.01.001 for further information regarding “tip lines”). Public Access Recorded conversations, data reports, call logs, email, digital photographs, video communications etc., are not open to public disclosure and can only be released to the individuals and agencies listed below. The prisons division chief or designee can authorize individuals on a case-by-case basis to have access to the ICMS or ECS or to receive messages or information recorded on the systems. The following are authorized to receive ICMS and ECS files: IDOC director Deputy attorneys generals assigned to IDOC SIU investigators Prisons division chief Prisons division deputy chiefs CRC operations manager Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 14 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 14 of 18 District managers (only when directly related to probation or parole violations) Department disciplinary oversight coordinator(s) (only directly related to DORs) Facility disciplinary hearing officers (limited to evidence presented at a DOR hearing) Facility heads Deputy wardens (second in command and DOR review and appellate authorities) Serious incident review (SIR) committee Staff authorized in accordance with section 8 Law enforcement agencies (for criminal investigation purposes) 13. Release of ICMS and ECS Files ICMS and ECS used in IDOC administrative investigations, administrative hearings, or criminal investigations that are provided to others are managed using the following steps. (Caution: Anyone releasing information to an outside law enforcement agency, court, or any other entity must follow the steps described in this section.) Functional Roles and Responsibilities Requesting Staff or Agency Step Tasks Submit a request to a facility investigator, SIU investigator, nter or intelligence coordinator for al Ce conversation or recorded ion 8, 2017 ECS medium. rrect 2 Co ary bru State.the aho request, such as administrative v Id purpose of theDOR evidence or review, criminal n Fe investigationd o or review, es ive Hay investigation. arch 1 in cited -35078 Facility Investigators 14 Request a log number from the intelligence coordinator. 2 No. or SIU Investigators 3 SIU Intelligence Coordinator 4 Ensure the request meets the requirements of this SOP. Request additional information if necessary. Request does not meet the requirements of this SOP: Deny the request and notify the facility investigator or SIU Investigator. Do not download, save, or release the information. Notify the requesting party that the information cannot be released in accordance with IDOC policy. (The process ends here.) Request meets the requirement of this SOP: Issue a log number and document the request. Notify the authorized staff. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 15 of 38 Control Number: 503.02.01.001 Authorized Staff Requesting Party Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 15 of 18 5 Identify the ICMS or ECS file. Save the file(s) in an applicable format. Forward the file(s) to the requesting party. If the individual is not an authorized IDOC staff, also forward a completed copy of Non-Disclosure Release Form. 6 Destroy copies of files used for IDOC administrative hearings and other administrative functions after the hearing or issue is resolved. Store copies of files used for IDOC investigations in accordance with section 14. Copies of files sent to law enforcement agencies are retained in accordance with each agency’s policy. 14. Interception of Suspicious Telephone Calls or Email Activity If while monitoring ICMS or ECS, a staff member learns of information that indicates criminal activity, violation of department or facility rules, is a risk to facility safety or security, or indicates staff misconduct, he must immediately notify the applicable authority in ter accordance with this section. If a contract provider or contract administrator learns of l Cen 17 a 0 information related to criminal activity or that threatens ction rre the safety or,security of a facility, or 28 2 coordinator. o safety of the public or staff, he must immediately contact the ry oC ua intelligence r ah v. Id d on Feb Staff at contract facilities and other contract staff must report information related to inmates yes e under IDOC jurisdiction, IDOC facilities, iv staff to both the manager or facility head and in Ha 8 arch and d cit oversight07 deputy warden or designee. the contract prisone 35 unit . 14Criminal Activity Not Involving Inmates under IDOC Jurisdiction No IDOC investigators learning of information about criminal activity that does not involve inmates under the jurisdiction of the department must immediately notify the law enforcement agency with jurisdiction. Requests for copies of the relative information must be in accordance with section 12, Release of ICMS or ECS Files. Activity Involving Inmates under IDOC Jurisdiction or IDOC Facilities IDOC investigators must report to the facility head or appropriate manager information about Criminal activity Activity presenting a risk or potential risk to the security or safety of an IDOC facility Activity presenting risk to the safety of staff, public, or inmates Information regarding behavior or activities that violate IDOC facility rules The applicable manager or facility head takes one or more of the following actions Immediately place a temporary block the inmate’s use of the ICMS or the inmate’s ability to call certain numbers, restrict use of the kiosk, or specific functions of the kiosk. Initiate disciplinary action. Request further telephone and ECS monitoring and investigation. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 16 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 16 of 18 Refer to special investigations unit. Authorize release of the intercepted information to an outside law enforcement agency or court. Staff Misconduct Any information indicating possible staff misconduct must be reported immediately to the applicable manager or facility head. 15. ICMS and ECS Recording Retention ICMS recordings must be maintained in the system for three years or longer. ECS video recordings are actively maintained for 60 days. Emails are maintained for three years or longer. Digital photographs are maintained for three years or longer. Copies of recordings used in IDOC investigations become part of an investigative file and maintained in accordance with Custody of Evidence, SOP 116.02.01.001; Custody of Evidence: Office of Professional Standards, SOP 116.01.01.001, and Investigations and Intelligence Program, SOP 504.02.0.001. ter l Cen 17 iona 0 rrect ry 28, 2 o All IDOC facilities ho C rua . Ida on Feb v Specific IDOC facilities ors ye ed in Ha 8 archiv Specific inmates d cite -3507 The Public 14 No. public may have their personal telephone numbers blocked or Members of the 16. Requests for Blocking and Unblocking Access Telephone numbers can be blocked as follows: unblocked from receiving telephone calls by selecting the correct prompt through the ICMS, contacting the ICMS provider, contacting the facility, or the contract administrator. Requested blocks remain in place for a minimum of 30 days if the requesting person asks to have the number unblocked. If the department suspects or experiences abuse of the blocking or unblocking process, written requests may be required. Members of the public may have their personal email address blocked by canceling their ECS access account. Staff Members Staff members must not accept unauthorized telephone calls from the ICMS or initiate ECS. If a staff member inadvertently accepts an unauthorized call from an inmate, he must report it the next working day to the facility head, manager, or designee. To obtain authorization to receive telephone calls or set up ECS with a specific inmate such as a family member, staff members must report the relationship in accordance with Non-Fraternization with Inmates, Policy 218 and request authorization. Any staff member can submit a request to the facility head or designee to have his personal telephone number blocked from the ICMS calls. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 17 of 38 Control Number: 503.02.01.001 Version: 6.0 Title: Telephones and Electronic Communication Systems: Inmate Page: 17 of 18 DEFINITIONS Attorney Agent: A person, qualified through education, training, or work experience performing specifically delegated legal work, employed or retained and directly supervised by an active attorney member of the Idaho State Bar, another state’s bar, or a government agency. The supervising attorney must maintain a direct relationship with the inmate client represented. Attorney Telephone Call: A verifiable, unmonitored, and unrecorded telephone call between an inmate and an attorney Public: A person (of the public) that does not include inmates, contractors, vendors, volunteers, interns, or the employees of the Idaho Board of Correction, Idaho Department of Correction (IDOC), or Commission of Pardons and Parole. Three-Way Call: A telephone call that adds a third person to a telephone conversation between two people via a single phone line, thereby allowing all three people to hear and speak to each other via that single call REFERENCES Appendix A, Electronic Mail Contraband and Denial Form ICMS and ECS Access Request ter l Cen 17 iona 0 rrect ry 28, 2 116.02.01.001, Custody of Evidence o ho C rua . Ida on Feb 218, Non-Fraternization with Inmates v yes ved 116.01.01.001, Custody of Evidence:chi in Ha 8 ar Office of Professional Standards d cite -3 07 205.07.01.001, Corrective 5 Disciplinary Action 14 or No. 318.02.01.001, Disciplinary Procedures: Inmate Non-Disclosure Release Form SOP 402.02.01.001, Mail Handling in Correctional Facilities 504.02.0.001, Investigations and Intelligence Program – End of Document – Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 18 of 38 IDAHO DEPARTMENT OF CORRECTION Electronic Mail Contraband and Denial Form Inmate’s Name: IDOC #: Date Received: Date Notice Sent: Sender’s Name: Housing: Contents: Email Attachment The above listed correspondence or publication was reviewed and denied in accordance with SOP 503.02.01.001 Telephones and Electronic Communications: Inmate. This decision can be appealed in accordance with SOP 316.02.01.001, Grievance and Informal Resolution Procedure for Inmates. Check one (1) or more reason(s) for denial: Receiving any contraband or anything of an illegal or threatening nature Soliciting or accepting any publication or item that has not been paid for in advance Obligating oneself or others to time payments Joining or participating in book, record, tape, or CD clubs, either personally or via a third party Using coercion, threats, or fraud to obtain money, favors, or anything of value Sending or receiving email, photo share, or communications for another inmate ter Sending or receiving email with coded messages l Cen to 17 real Directing or conducting any business operations, except tiona as necessary 0 protect 2 orrec ary 28, property or close out a business C ru aho Soliciting or receiving any information. that describes the manufacture of weapons, bombs, v Id d on Feb s e explosives, alcohol and Hayedrug paraphernalia, or escape materials drugs, inrelated 8 archiv d Role-playing games and cite -3507 materials Sending or receiving 14 No. information related to the crime, sentence, or identity of another inmate Sending or receiving publications or items showing gang involvement or activities (enemy lists, constitutions, structures, codes, signs, symbols, photographs, drawings, training material, clothing, etc.) Sending or receiving information advocating that any ethnic, racial, or religious group is inferior or that make such groups an object of ridicule and scorn Sending or receiving information that encourages violence Sexually explicit, nudity or pornographic material to include pictorial depictions of nudity, graphic images, personal pictures, drawings, photocopies, or video messages Note: Written content of a sexual nature is permitted Other Staff Member’s Signature Staff Associate Number: Appendix A 402.02.01.001 (Appendix last updated 09/13/2016) Date Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 19 of 38 Director's Office Prisons Division Probation & Parole Division Can we help you find something? Prisons New Search Back to Search Results Locations Looking for an Offender? Offender Search Search our site Home Management Services Division or Sex Offender Search Offender Detail IDOC Offender Search Details MICHAEL T HAYES #20633 Mailing Address: IDAHO STATE CORRECTIONAL CENTER A BLOCK PO Box 70010 Boise , ID 83707 208-331-2760 Status: Age: Inmate 61 ter l Cen 17 Data as of: iona current20 4:14am Tuesday February 28th 2017 IDOC Sentence Information rrect ryof28,Idaho Department of Correction only. The sentence information shown is for active sentences under the jurisdiction, custody o and/or supervision the C rua daho . ISentencingon Feb Case No. v Offense Sentence Satisfaction Date yes SHOSHONE County ed LEWD AND LASCIVIOUS CONDUCT W/MINOR UNDER 16 a CRF02-35798 09/30/2043 in H 8 archiv Parole Eligibility Date: 10/01/2023 cited -3507 Next Parole Hearing Date: 04/2023 14 The Idaho Department of Correction updates this database regularly to ensure it is complete and accurate; No. data can change quickly. Therefore, this site may not reflect the most current content, however, offender Phone Number: location, status, scheduled termination date or other information regarding an offender. This offender search service is designed to provide basic information about an offender. If you need additional basic offender record information, contact inquire@idoc.idaho.gov. Send formal requests for copies of records to: Records Bureau Idaho Department of Correction 1299 N. Orchard Street, Suite 110 Boise, ID 83706 For more information: Idaho Commission of Pardons & Parole IDOC Visiting Information IDOC Mail Rules Print this page ABOUT US STATE & LOCAL AGENCIES Agency Overview Commission of Pardons & Parole Accessibility Correctional Industries Careers with IDOC Criminal Justice Commission Contact Us Department of Juvenile Corrections History Governor's Office Idaho Cybersecurity Idaho Courts Mission, Vision & Values Idaho Meth Project Policies & Forms Idaho State Police Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 20 of 38 Privacy & Security Sex Offender Management Board Publications Sex Offender Registry Research & Statistics Staff Search Site Map State of Idaho WBOR background photo (Born Lakes) courtesy of Idaho Tourism ter l Cen 17 iona 0 rrect ry 28, 2 o ho C rua . Ida on Feb v yes ed in Ha 8 archiv d cite -3507 14 No. Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 21 of 38 Idaho Department of Correction Title: Mail Handling in Correctional Facilities Page: 1 of 16 Control Number: 402.02.01.001 Standard Operating Procedure Adopted: 01-01-1991 Version: 11.0 Jefferey Zmuda, chief of the division of prisons approved this document on 01/06/2017. Open to the public: Yes SCOPE This standard operating procedure applies to all department correctional facilities (correctional facilities includes prisons and community reentry centers, issues specific to either a prison or CRC will be cited as such), correctional facility staff, and inmates. (Information regarding electronic communication can be found in Telephones and Electronic Communications Systems: Inmate: SOP 503.02.01.001.) ter l Cen 17 iona 0 Revision date (01/06/2017) version 11.0: Further clarified definition of,indigent inmate rrect ry 28 2 o Revision date (11/08/2016) version 10.0: Changed definition of indigent inmate ho C rua . Ida on Feb v Removed references to electronic mail systems, added Revision date (09/13/2016) version s ye 9.0: ed in Ha 8 archiv legal mail), envelopes or letters that are to section 4: colored or padded envelopes (except d cite -3507 stained or have unknown substances, lipstick, or lip balm on them, letters or envelopes with a 14 strong perfume-like or . No unusual odor, colored pencil(s), markers, glitter, crayons, paint, Revision History watercolors or wax on any part of the envelope or the contents of the envelope, sexually explicit and pornographic material, electronic media items, including but not limited to CDs, DVDs, thumb drives, etc., added deadline for notification of contraband in section 23, minor editing and formatting changes TABLE OF CONTENTS Board of Correction IDAPA Rule Number 402 ...................................................................... 2 POLICY DOCUMENT NUMBER 402 ................................................................................... 2 PURPOSE ........................................................................................................................... 2 RESPONSIBILITY................................................................................................................ 3 STANDARD PROCEDURES ............................................................................................... 3 1. Goals for Institutional Mail .............................................................................................. 3 2. Authorized Mail Items ..................................................................................................... 4 3. Prohibited Use of Mail .................................................................................................... 4 4. Prohibited Mail Items ...................................................................................................... 5 5. Prohibited Sexually Explicit and Pornographic Material .................................................. 6 Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 22 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 2 of 16 6. Prohibited Outgoing Mail ................................................................................................ 6 7. Outgoing Mail Process ................................................................................................... 7 8. Outgoing International Mail............................................................................................. 7 9. Outgoing Confidential Mail.............................................................................................. 8 10. Inmate-to-Inmate Correspondence ................................................................................. 9 11. Probationer and Parolee Correspondence with IDOC Inmates ......................................10 12. Indigent Inmates............................................................................................................11 13. Statehouse Mail.............................................................................................................11 14. Internal IDOC Mail System ............................................................................................11 15. Incoming Mail ................................................................................................................11 16. Incoming Confidential Mail.............................................................................................12 17. Undeliverable Mail .........................................................................................................12 18. Publications ...................................................................................................................12 19. Incorrectly Addressed Incoming Mail .............................................................................13 ter ion 017 21. Transfers within the IDOC .............................................................................................13 rrect ry 28, 2 Co rua daho ..................................................................13 22. Release from an IDOC Correctional Facility n Feb v. I yes ed o 23. Contraband ...................................................................................................................13 in Ha 8 archiv cited -3507 24. Monitored Mail Lists.......................................................................................................15 14 No. 25. Staff Mail .......................................................................................................................15 n 20. Correspondence Courses and Materials........................................................................13 al Ce 26. Legal Mail......................................................................................................................15 DEFINITIONS .....................................................................................................................15 REFERENCES....................................................................................................................16 BOARD OF CORRECTION IDAPA RULE NUMBER 402 Correspondence with Inmates POLICY DOCUMENT NUMBER 402 Inmate Mail PURPOSE The purpose of this standard operating procedure is to establish guidelines for ensuring inmate mail handling and delivery processes are managed consistently throughout Idaho Department of Correction correctional facilities. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 23 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 3 of 16 RESPONSIBILITY Facility Heads Facility heads are responsible for the following: Implementing and ensuring that the guidelines are followed in their facilities Ensuring that mailroom officers receive training on institutional mail procedures before assuming mailroom duties (and annually thereafter) Correctional Facility Staff Correctional facility staff, at all levels of the mail handling and delivery system must ensure that mail is delivered intact to inmates and is not tampered with, except as necessary to determine compliance with this SOP. STANDARD PROCEDURES 1. Goals for Institutional Mail It is important that each inmate be allowed to communicate with family and friends and have the opportunity to explore ideas, information, and concepts originating outside the institution. It is equally important that the IDOC fulfill its duty to protect the public. r nte The IDOC fulfills this duty by maintaining a safe and orderly environment while promoting al Ce include, but are not the rehabilitative process. The goals of the IDOC for institutional mail 2017 tion limited to: orrec ry 28, C a daho n Febru ye ed o in Ha 8withccourts and legal counsel r hiv Providing ted communication a ci 507 Sustaining a 14-3 . safe environment not compromised by the introduction of contraband No I Maintaining family and community ties s v. Preventing inmates from tracking protective custody inmates or notifying other inmates of their location or obtaining information regarding information related to the crime, sentence, or identity of another inmate, emergency plans, command structures, or similar information that could threaten the safety and security of inmates or the operation of IDOC correctional facilities Preventing escape Reducing the risk of incarcerated inmates committing criminal acts Protecting inmates' relatives, friends, staff, and the public from coercion and harassment Limiting inmate access to information that could jeopardize institutional safety and security Preventing the distribution of materials that could incite sexual assaults, inmate disorder, or other violence Reducing the ability of inmates to form prison gangs or security threat groups Preventing the introduction of materials that would adversely affect treatment efforts Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 24 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 4 of 16 2. Authorized Mail Items Inmates are authorized to use mail for the following: General correspondence New or used books from a book store or publisher New magazines, newspapers, and other publications such as monthly or daily calendars, journals, etc. that are mailed from the publisher or bookstore (items must meet the standards described in section 3, section 4 and section 5) Items such as catalogs, college information, newsletters, etc. that have a typical IDOC address that includes the inmate’s name, IDOC number, facility, housing unit, etc. Such mail that contains a typical IDOC address, but is no longer current will be handled in accordance with section 19 Greeting cards 8” x 10” or smaller and must not be padded, laminated, multilayered, or musical Up to 20 loose photographs 5” x 8” or smaller, except instant photographs with layers (such as ‘Polaroid type’ photographs), which are not allowed. Images printed on copy-grade paper stock are not considered a photograph Cashier checks, money orders, refund checks from vendors, nter of Idaho drafts, Ce State and US Treasury checks, which will be credited to onal the inmate's 017 account. Must trust ti 8, rrecthe envelope2 have the sender’s name and address printed on Co ry 2 aho brua Fe . Id Letter-size photocopies, including computer-generated documents are subject to the es v iof ed on property and the prohibition against ay amount v allowable limitations regarding the ch in H storing case d as excessar ite law 5078 legal material described in SOPs 320.02.01.001, c -3 Property: State-issued and Inmate Personal Property, and 405.02.01.001, Access to o. 14 Courts N 3. Prohibited Use of Mail Inmates are prohibited from using mail for the following: Receiving any contraband or anything of an illegal or threatening nature Soliciting or accepting any publication or item which has not been paid for in advance Obligating themselves or others to time payments Joining or participating in book, record, tape, or CD clubs, either personally or via a third party Using coercion, threats, or fraud to obtain money, favors, or anything of value Sending any item other than correspondence (written mail) out of the institution without the written approval of the facility head or designee Sending or receiving mail for another inmate (specifically a third party) Sending or receiving mail with coded messages Information related to the crime, sentence, or identity of another inmate Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 25 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 5 of 16 Directing or conducting any business operations, except as necessary to protect real property or close out a business Receiving mail delivered collect-on-delivery (COD) Sending mail by COD Sending mail via any provider other than the U.S. Postal Service (such as United Parcel Service [UPS] or Federal Express [FedEx]) 4. Prohibited Mail Items Items prohibited include, but are not limited to, the following: Items in a letter or package not authorized by policy or standard operating procedure Packages without prior authorization Publications or items that describe the manufacture of weapons, bombs, explosives, alcohol and drugs, drug paraphernalia, or escape materials Role-playing games and related materials Information related to the crime, sentence, or identity of another inmate. r nte Promotional items such as fragrance packs, CDs, computer software, stickers, al Ce periodicals etc. handbags, T-shirts, baseball caps, in publications,on magazines, 17 ecti y will 20 rrpublication 28,be forwarded so that the (Promotional items will be destroyed and the Co uar mail process is not delayed.) . Idaho Febr es v on Junk mail (mail that does not containd typical IDOC inmate mailing address ive a Hay d in 078 arch [inmate’s iname, IDOC number, facility, housing unit, etc.] and is similar to the c te -35 following examples: direct marketing, mass mailings, sales flyers, credit card 14 No. applications, coupons, etc.). Junk mail will be destroyed. More than one subscription to the same periodical, magazine, etc. Publications or items evidencing gang involvement or activities (enemy lists, constitutions, structures, codes, signs, symbols, photographs, drawings, training material, clothing, etc.) Publications or items advocating that any ethnic, racial, or religious group is inferior or that make such groups an object of ridicule and scorn. However, no publication will be withheld solely because of its appeal to a particular ethnic, racial, or religious group. Publications or items that encourage violence between the recipients and members of another group Publications not mailed directly from the publisher or a bookstore. Clippings from magazines, books, or newspapers Postage stamps or envelopes. Postage stamps are allowed at CRCs if the CRC does not have commissary service. Greeting cards that are padded, laminated, multilayered, musical, or larger than 8" x 10". Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 26 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 6 of 16 Photographs larger than 5" x 8" and instant photographs (such as ‘Polaroid type’ with layers). Photocopies are not photographs and may be on standard 8.5” x 11” paper. Hardback books. (See note box below for further details.) Colored or padded envelopes (except legal mail) Envelopes or letters that are stained or have unknown substances, lipstick, or lip balm on them Letters or envelopes with a strong perfume-like or unusual odor Colored pencil(s), markers, glitter, crayons, paint, watercolors or wax on any part of the envelope or the contents of the envelope. Sexually explicit and pornographic material Electronic media items, including but not limited to CDs, DVDs, thumb drives, etc. Reminder: A hardback book legitimately obtained and in an inmate’s property before October 1, 2010 is allowable property. Facility heads may make exceptions on an individual basis for educational or religious hardback books that are not available in paperback or soft cover. Such exceptions must be documented in the Corrections Integrated System (CIS) property module. r 5. nte al Ce 017 Prohibited Sexually Explicit and Pornographic Material n tio 2 orrecpictorial28, C ry depictions of nudity in Sexually explicit and pornographic material includes rua daho othereb books, pamphlets, magazines, es v. I periodicals, anyon F graphic images, or any other ived Hay publication or any personal pictures,rdrawings, or photocopies of any of these items. d in 078 a ch cite -3 means a pictorial depiction where male or female genitalia, anus, Nudity in this SOP 5 14 or the nipples or areola of female breasts are exposed. No. Feature in this SOP means that a publication contains pictorial 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. Sexually explicit in this SOP means a pictorial depiction of actual or simulated sexual acts including sexual intercourse, oral sex, or masturbation. Pornographic material also includes individual pictures, photographs, or drawings of nudity or sexually explicit conduct that are not part of a book, pamphlet, magazine, periodical, or other publication. Publications, drawings, photocopies, and other pictorial materials that meet the description of nudity in this section, but the person has clothing or other covering that is transparent or virtually transparent are not permitted. Reminder: Publications that do not feature nudity, but contain nudity illustrative of medical, educational, or anthropological content may be excluded from this definition. Written material of a sexual nature is permitted and is not included in this definition. 6. Prohibited Outgoing Mail The facility head can prohibit outgoing mail that falls within the following categories: Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 27 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 7 of 16 Correspondence with minors where the minor’s legal guardians object, in writing, stating that they wish the correspondence to be discontinued Correspondence with minors, except immediate family, unless the minor’s legal guardian has granted permission, which is documented in writing Correspondence with individuals who have filed a written request to have correspondence discontinued 7. Outgoing Mail Process Mail services may include certified, registered, and insured mail. Outgoing mail that presents no procedural problems will be processed within 24 hours, Monday through Friday, excluding weekends and legal holidays. To ensure that undeliverable mail is returned to the sender, mail must be metered at the first-class rate. Inmates must use embossed pre-stamped envelopes marked ‘inmate correspondence’ for all outgoing correspondence to include greeting cards. These envelopes are purchased through the IDOC commissary. CRCs without commissary services do not use embossed pre-stamped envelopes, but all correspondence must be marked ‘inmate correspondence’. The exception to this rule is outgoing property items. Before property can be mailed out, a ter l CenSOP7 staff member must complete a property inventory in accordance with iona 8, 201 320.02.01.001, Property: State-issued and Inmate Personal Property. ct rre 2 o oC uary r Outgoing mail must be clearly marked Idah sending inmate's first and last name (no v. with the on Febliving unit, and facility address. Mail nicknames or titles), institutional number,ved name, facility yes n returned to the ibe Ha 8 archi inmate. If the inmate’s name cannot be not clearly markeded will cit 07 determined, the mail will-35destroyed. 4 be o. 1 N Altering any envelope (including drawings) may result in mail being returned to the sender. Outgoing mail will be delivered to the mailroom sealed, except when there is a request for a money order, which will be left open so the money order can be placed in the envelope for mailing. Outgoing mail may be opened, inspected, and read to make sure that it does not violate the secure and orderly operation of the facility, does not adversely affect the rehabilitative progress of the inmate, does not pose a threat to a specific individual or the public, or does not conflict with the intent of the institutional mail procedures. 8. Outgoing International Mail Mail and packages sent out of the United States require special handling and may cost more than domestic rates. When mailing an item outside of the United States the inmate must do the following: Address the item clearly and correctly. Attach a withdrawal form (do not fill in the amount) with a statement of what is in the parcel and to what country it is being sent. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 28 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 8 of 16 Attach an accurate property inventory, completed by a staff member, to any item other than a standard letter. This is needed so the mailroom officer can attach an accurate customs tag. The mailroom officer will weigh the parcel and affix the correct postage. The mailroom officer will enter the postage amount on the commissary withdrawal form and then forward the original to an account technician, and send a copy to the inmate sending the mail. 9. Outgoing Confidential Mail Inmates can send confidential mail to the individuals and entities in accordance with this SOP. For the purpose of this SOP, mail sent to the following will be considered confidential: the president, the governor, the Idaho Legislature or U.S. Congress (except for bulk mailings), the Board, the director, IDOC chiefs and deputy chiefs, facility heads, public interest groups or government entities providing assistance for inmates, the Idaho Commission of Pardons and Parole or any member thereof, or the Consulate or Embassy of an inmate who is a foreign national. While this mail is treated as confidential, it is monitored for contraband and other items that might threaten the safety of the recipient. Procedural Steps for Sending Confidential Mail ter l Cen 17 iona 0 Step rrect Tasks 8, 2 2 o ry h C Address the o clearly rua correctly. 1 . Ida itemn Feb and sv do Haye archivethe return address is correct and legible. in 2 Ensure that cited -35078 14 Take the envelope to the unit officer or designated staff No. 3 member. Functional Roles and Responsibilities Inmate 4 5 Unit Officer Inspect the envelope for contraband. Do not read the correspondence. (If contraband is found, skip to step 15.) Ensure that the envelope is sealed, unless there is a request for a withdrawal. 6 7 8 9 Mailroom Staff 10 11 Idaho Department of Correction Mark confidential. Print own name, associate number, date, and cover with clear tape on the back of the envelope. Send to the mailroom. Inspect the envelope. Check that a staff member has inspected the envelope. Open and inspect any envelope that appears to have not been properly inspected. Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 29 of 38 Control Number: 402.02.01.001 Version: 11.0 Functional Roles and Responsibilities Title: Mail Handling in Correctional Facilities Step Page Number: 9 of 16 Tasks 12 Open and inspect any correspondence to the governor of the State of Idaho. 13 If no contraband, weapons, or other inappropriate items are found, reseal the envelope, write, ‘inspected by (prints name)’ and the day’s date. 14 15 Mail the correspondence. If contraband is found, write an information report, attach the contraband items (including correspondence), and immediately forward to the shift commander or designee. Depending on the level of contraband take one (1) or more of the following steps: Contact facility heads. Contact appropriate law enforcement agency. Shift Commander or Designee 16 ter Complete a 105, Incident Report, (see SOP l Cen 17 Investigation 105.02.01.001, General Reporting and tiona 8, 20 of Major Correc Incidents.) y2 ar o Idah n Febru . Take corrective or disciplinary action. sv do Haye arcDocument the information in the c-notes section of hive in cited -35078 the Corrections Integrated System (CIS). . 14 No Caution: Both legal mail and confidential mail are treated as confidential and are handled in a similar manner such as they can be scanned but not read. Legal mail is handled in accordance with section 26 of this SOP and SOP 405.02.01.001, Access to Courts, and is processed through the resource center. (For those facilities without a resource center, follow SOP 405.02.01.001, Access to Courts). Confidential mail is handled in accordance with this SOP and is processed through the mailroom. 10. Inmate-to-Inmate Correspondence Facility heads can approve inmate-to-inmate correspondence using appendix A, Inmate-toInmate Correspondence Request Form in the following circumstances: When inmates are immediate family members, specifically, spouse, parents, stepparents, natural child, stepchild, adopted child, siblings (of half [½] or whole blood, by adoption, or stepbrother or stepsister), grandchildren of blood relation or grandparents of blood relation. (See appendix A, Inmate-to-Inmate Correspondence Request Form.) When both inmates are the biological parents of a minor child (copy of birth certificate required). Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 30 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 10 of 16 When inmates write to inmates concerning legal work subject to the requirements of SOP 405.02.01.001, Access to Courts In all cases, facility heads (or designees) of both facilities must approve the correspondence. Approvals must be documented in cautions in the Corrections Integrated System (CIS). If the inmates are moved, and absent any other disqualifying circumstance, previous correspondence approvals will be honored at any receiving IDOC or IDOC contract facility. If Staff members at a receiving facility believe that any correspondence violates the provisions of this SOP, the staff member must immediately notify the facility head. The delivery of correspondence will continue pending the facility head’s decision. The facility head can withhold correspondence if it poses a security threat to the facility or the public until a decision to continue, restrict, or deny the correspondence is made. Correspondence between inmates should be reviewed on an annual basis and can be denied at any time if the correspondence is found to violate the provisions of this SOP. Facility heads will only consider approving inmate-to-inmate legal correspondence when the scope of the legal work requires extended correspondence between the two (2) inmates. If approved, such correspondence is not confidential. If the correspondence becomes personal instead of directly related to the legal claim, the approval will be withdrawn. Legal issues that require limited communication, such as one (1) inmate completing an affidavit for another, are handled by the paralegal in accordance with SOP 405.02.01.001, Access to ter Courts. l Cen iona 017 rrectInmates8, 2 o 11. Probationer and Parolee Correspondence with IDOC ary 2 ho C ebr dafrom an inmateu v. I If staff determines that correspondence is currently under IDOC probation or on F ayes chivedfollowed. Inmates may correspond with parole supervision, thein H following steps will be r probationers andited that 8 not c parolees 507area immediate family, absent any other disqualifying circumstance, unless the3 14- probation and parole officer (PPO) does not approve the No. correspondence. Functional Roles and Responsibilities Staff Member Step Tasks 1 Notify the facility head or designee of the correspondence, the inmate’s name and IDOC number housed at the facility, and the probationer or parolee’s name, IDOC number, and supervising PPO (if available). 2 Facility Head or Designee 3 Idaho Department of Correction If no violations of this SOP exist, process the mail. Notify the probationer or parolee’s supervising PPO of the correspondence. Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 31 of 38 Control Number: 402.02.01.001 Version: 11.0 Functional Roles and Responsibilities Title: Mail Handling in Correctional Facilities Step 4 Page Number: 11 of 16 Tasks If the PPO responds stating that the correspondence should not be allowed, notify the mailroom supervisor and the inmate that the correspondence will not be allowed, and withhold any future correspondence as contraband. Document the information in the c-notes section of the Corrections Integrated System (CIS). 12. Indigent Inmates Indigence does not reduce the importance of an inmates’ need to communicate with friends, family, and others outside of the correctional facility. The IDOC will not bear the cost of mailing packages for indigent inmates. However, indigent inmates will be given access to the following in accordance with directive 114.03.03.011, Inmate Trust Account. One standard mail envelope, domestic or international, a week ter l Cen 17 A writing instrument (pen, pencil, or security pen)tiona 0 rrec ry 28, 2 o‘confidential’ correspondence as defined One additional mail envelope per week C aho for Februa in this SOP. (See section 9.) . Id sv on Haye archived Envelopes, postage, photocopies for ‘legal mail’ as defined in SOP 405.02.01.001, ed in 8 Access citCourts 3507 to 41 No. 13. Statehouse Mail Up to four sheets of paper a week Inmates cannot use statehouse mail. 14. Internal IDOC Mail System Inmates may use the internal IDOC mail system to contact IDOC staff and the Commission of Pardons and Parole. 15. Incoming Mail Incoming mail must be sent to the facility in white, legal or letter sized envelopes. Incoming Legal Mail is exempt from the white envelope requirement. Incoming mail that presents no procedural problems as identified in this SOP will be processed and delivered within 24 hours of receipt, Monday through Friday, excluding legal holidays. Incoming mail will be opened, inspected, and may be read to ensure that it complies with this SOP, is not sexually explicit, does not violate the secure and orderly operation of the facility, and does not adversely affect the rehabilitative progress of inmates. If staff have a reasonable suspicion that a stamp, label, or sticker is being used to conceal contraband, such items may be removed before the mail is delivered. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 32 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 12 of 16 16. Incoming Confidential Mail Incoming confidential mail must be delivered to the unit sealed. A unit staff member will open and inspect the envelope in the presence of the inmate but will not read it. However, incoming confidential mail may be scanned to ensure that it does not violate the provision of this SOP. If contraband or materials are found that violate the provisions of this SOP, the mail will be withheld and immediately forwarded to the facility head or designee. 17. Undeliverable Mail Mail that the U.S. Postal Service (USPS) returns as undeliverable will be opened by prison investigators, who will examine the contents. The investigator will ensure that the inmate listed in the return address was the sender. If the mail appears to be that of the inmate named in the return address and if no contraband or other violations of IDOC rules are found, the mail will be returned to the inmate. If evidence indicates that the inmate listed in the return address did not send the mail, the mail is not given to the inmate listed in the return address. If the inmate that sent the mail can be identified, disciplinary action will be taken in accordance with Disciplinary Procedures: Inmate SOP 318.02.01.001. If the sender cannot be identified, the mail will be destroyed. r te Undeliverable Legal Mail Cen 7 alundeliverable, will be sent to Mail that is marked as legal mail, that the USPS returnsn tio as 201 orrec IDOC28, the resource center. In the presence of the C an ho inmate,bruary paralegal will open and scan the mail to ensure that (1) v.is da mail, (2) the mail belongs to the inmate named it I legal Fe n in the return address, Hayes mail doeso contain contraband or violate IDOC and (3) the ived not in a ch rules. If it is legal mail belonging rto the inmate named in the return address and does not cited or violate IDOC rules, the paralegal will give the mail to the inmate. 078 contain contraband -35 4 o. 1 N Mail marked as legal mail that (1) does not qualify as legal mail, (2) does not belong to the inmate listed in the return address, (3) contains contraband, or (4) violates IDOC rules, is withheld and forwarded to the facility head or designee for further investigation or disposition. If the inmate that sent the mail can be identified, disciplinary action will be taken in accordance with Disciplinary Procedures: Inmate. 18. Publications Books, magazines, and newspapers can be new or used but must be sent by the publisher or a bookstore with a paid receipt or invoice. Magazines may have a receipt or invoice or may have a printed delivery label with the inmate’s name and address. If these, or similar, proof of origin and purchase are not present, the item will be returned to sender. Books are considered property, which will be logged in and marked on the inside front cover using the following label. Inmate: IDOC #: When books are received, they will be forwarded to the property officer within 24 hours. Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 33 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 13 of 16 19. Incorrectly Addressed Incoming Mail All incoming mail must be clearly addressed with the inmate's committed name (no nicknames), IDOC number, institution, and housing assignment. Incoming mail that is incorrectly addressed will be handled in accordance with the following guidelines. If possible, incorrectly addressed mail will be delivered to the inmate with a note indicating the need for address correction. If after being notified, the sender continues to send mail incorrectly addressed, mail can be returned to the sender. Mail should be returned to the sender if an inmate refuses to notify senders of his correct address or encourages senders to use an incomplete or incorrect address. 20. Correspondence Courses and Materials Correspondence and materials involved in a correspondence course may differ from the limits set in this SOP. Therefore, in facilities where correspondence courses are allowed, facility heads, in consultation with education staff members, will designate an employee to approve correspondence courses. The designated person must approve a correspondence course before an inmate can participate. If the inmate and the course are approved, the designated person will notify the mailroom supervisor of the inmate’s name and the name of the school or organization. ter Correspondence and materials between the inmate and the correspondence source will l Cen 17 a then be allowed. 20 ction orre 28, C ary If the mailroom has any concerns regarding a specific incoming or outgoing item, the daho n Febru . Iitem and discuss the concerns with the facility head mailroom supervisor may withhold the o es v should not or designee. The delivery Hay item chived be delayed more than two business days, of the in designee r unless the facility thead or 078 a approves the withholding of the item. If the item is ci ed -35 declared contraband, the processes for the handling of contraband outlined in this SOP will . 14 be followed. No 21. Transfers within the IDOC When an inmate is transferred to a different housing unit or institution, mail will be forwarded for 60 days from the date of transfer. After 60 days, mail should be returned to the sender. 22. Release from an IDOC Correctional Facility Inmates are responsible for filing a change of address with the U. S. Postal Service and notify the facility mailroom of their new address before their release from IDOC custody. When an inmate is paroled or released from the custody of the IDOC and the address is known, mail will be forwarded for a period of 60 days. After 60 days, incoming mail will be returned to the U.S. Postal Service. 23. Contraband Mail Processed Through the Mailroom The facility head must designate a staff member to serve as the mail review authority to review items withheld as contraband. Contraband received through the mail is handled using the following process steps: Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 34 of 38 Control Number: 402.02.01.001 Version: 11.0 Functional Roles and Responsibilities Title: Mail Handling in Correctional Facilities Step 1 2 Page Number: 14 of 16 Tasks Determine whether or not the mail contains contraband. Remove any contraband found and forward allowable items to the inmate. Take the following actions based on the type of contraband found: Mailroom Staff 3 Cash; personal or two-party checks; or greeting cards that are padded, laminated, multilayered, musical, or larger than 8” x 10”: Return to sender using appendix B, Correspondence/Publication/Item/Contraband Denial Form, for explanation. Promotional items: Destroy Illegal: Forward to local law enforcement All other contraband: Continue to step 4. ter Cen Mailroom Staff 4 al 7 Within three working days, notify the inmate using appendix ction 28, 201 rre B, Correspondence/Publication/Item/Contraband Denial Co ary Form. Idaho ebru v. nF e contraband to the property officer or designee. ayes chithe d o Forward 5 in H 8 ar v ited c 3507Handle the contraband in accordance with SOPs . 14Property Officer No or 320.02.01.001, Property: State-issued and Inmate Personal Designee 6 Property and 316.02.01.001, Grievance and Informal Resolution Procedure for Inmates. Incoming Currency If a cashier check, money order, refund check from a vendor, State of Idaho draft, or US Treasury check is found in legal or first class mail in the unit, the staff members should take the following action: 1. Accept the item from the inmate. 2. Log the item in the daily log. Place the following information in the daily log and on an envelope: 3. Inmate’s name 4. Maker of the money order or check (Well Fargo, Traveler’s Express, etc.) 5. Serial number of the check or money order 6. Amount of the check 7. Staff’s name Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 35 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 15 of 16 8. Take the money order or check in a sealed envelope to the control center, at the end of the officer’s shift. 9. Place in a designated secured processing area such as lock box, control room, etc. Either the mail staff or accounting will pick it up on the next business day. The check will be deposited to the inmate’s account and a receipt will be attached to the envelope and returned to the inmate. 24. Monitored Mail Lists Any inmate can be placed on a monitored mail list for mail if there is a reasonable suspicion of illegal activity, the introduction of contraband, or other issues that threaten the safe and secure operation of an IDOC facility or rehabilitation of inmates. The facility head or designee must approve an inmate’s placement on a monitored mail list. When placed on a monitored mail list, all of the inmate’s mail will be reviewed for possible contraband. The inmate’s mail may be delayed up to two business days to accommodate this process. If mail is determined to be contraband, the processes in section 23, must be followed. If it is determined that the mail does not contain contraband, it will be delivered to the inmate as soon as possible but no later than the day following the two-business day period. ter l Cen apply to IDOC staff To ensure that all mail is processed efficiently the following na io procedures017 rrect ry 28, 2 and approved volunteers: Co b a daho personal ru at work. Staff and volunteers should v. Ireceiveon Fe mail not yes ed in Ha with archivagencies and individuals, staff and volunteers will When communicating outside d 8 cite efforts to take reasonable -3507 ensure the agency or individual has the staff’s correct 4 facility name, and address. 1 name, work. unit, No 25. Staff Mail Mailroom and administrative staff will make a reasonable effort to identify the staff member or volunteer when the address on incoming mail is incorrect. 26. Legal Mail Legal mail is handled in accordance with SOP 405.02.01.001, Access to Courts. Legal mail that is processed through the resource center will be logged in the Access to Courts database. Legal mail, incoming and outgoing, that is not processed through a resource center will be logged by mailroom staff. The mailroom will log the following information: The incoming log – the received date, sender, and the inmate’s name and IDOC number The outgoing log – the date the inmate delivered each piece of mail to staff, the date mailed from the institution, the addressee, and the inmate’s name and IDOC number DEFINITIONS Contraband: Anything--of any kind--that is prohibited by Board, Department, or facility rules, policies, directives, or standard operating procedures. Contraband also includes anything--of Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 36 of 38 Control Number: 402.02.01.001 Version: 11.0 Title: Mail Handling in Correctional Facilities Page Number: 16 of 16 any kind--that a facility head has not approved (1) for possession by an inmate or (2) to bring into a facility or onto Department property. Indigent Inmate: An inmate who has been housed at an IDOC correctional facility (including a contract facility) for 30 consecutive days and whose trust account has a balance of $0.15 or less and has had no deposits for 30 consecutive days. Legal Mail: Confidential communication directly between (1) an inmate and an attorney (for the purposes of seeking or providing legal services only), (2) an inmate and the court, (3) opposing parties for service of documents (pursuant to court rules), or (4) third parties for service of documents (pursuant to court rules). Statehouse Mail: The internal mail system for the State of Idaho that does not require postage. REFERENCES Appendix A, Inmate-to-Inmate Correspondence Request Form Appendix B, Correspondence/Publication/Item/Contraband Denial Form Directive 114.03.03.011, Inmate Trust Account Standard Operating Procedure 105.02.01.001, General Reporting and Investigation of Major r Incidents ente al C Standard Operating Procedure 316.02.01.001, Grievance on Informal017 ti and 2 Resolution orrec ary 28, Procedure for Inmates oC Idah ebru v. Standared Operating Procedure 320.02.01.001, n F Property: State-issued and Inmate Personal ayes chived o H Property in r ited 78 a 1 No. Standard Operating Procedure 503.02.01.001, Telephones and Electronic Communications: c 0 Standard Operating Procedure 405.02.01.001, Access to Courts 4-35 Inmate – End of Document – Idaho Department of Correction Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 37 of 38 IDAHO DEPARTMENT OF CORRECTION Inmate-to-Inmate Correspondence Request Form From: Telephone: (Insert Number) Fax: (Insert Facility Name and Address) (Insert Number) Date: Our Inmate: _____ IDOC #: (Initiating Inmate’s Name) Is requesting permission to correspond with Your Inmate: IDOC #: (Inmate’s Name) Located at: (Name of Receiving Institution and Address) r Idaho Department of Correction standard operating procedure permitsente to correspond C inmates with immediate family (spouse, parents, stepparents, natural ichild, stepchild,17 onal , 20 adopted child, ect or stepsister, grandchildren of siblings (of half [½] or whole blood, by adoption, or Corr stepbrotherary 28 ru blood relation or grandparents of blood relation) and unmarried individuals who are the daho n v. IThe inmate Feb facility indicates the relationship is: biological parents of the same minor s aye child. ved o at our hi in H Parent/Child 8 arc Sibling ited c 3507 . 14Additional Information: No Husband/Wife Grandparent/Grandchild Co-parent Requesting Institution Relationship: Not verified Verified by: Approved (Name and Title) Denied Document used: Receiving Institution Relationship: Not verified Verified by: Approved (Name and Title) Document used: Appendix A 402.02.01.001 (Appendix last updated 9/13/2016) Denied Case: 14-35078, 03/03/2017, ID: 10341443, DktEntry: 71-2, Page 38 of 38 IDAHO DEPARTMENT OF CORRECTION Correspondence/Publication/Item/Contraband Denial Form Inmate’s Name: Date Received: IDOC #: Date Notice Sent: Sender’s Name: The item is located at the: Housing: Date to Return by: Contents: Mail Center Property Office This item was reviewed and denied in accordance with SOP 402.02.01.001, Mail Handling in Correctional Facilities. This decision can be appealed (see SOP 316.02.01.001, Grievance and Informal Resolution Procedure for Inmates). If you do not respond, the item(s) will be considered abandoned property and handled in accordance with SOP 320.02.01.001, Property: State-issued and Inmate Personal Property. Check one (1) or more reason(s) for denial: Item received in a letter or package not authorized by policy or standard procedure Package received without prior authorization Publication or item describes the manufacture of weapons, bombs, explosives, escape materials, or the manufacture of alcohol, drugs, or drug paraphernalia Publication or item evidences gang involvement or activities such as enemy list, constitutions, structures, codes, signs symbols, slogans, photographs, drawings, training materials, clothing, etc. Publication or item advocates the inferiority of any ethnic, racial, or religious groups and/or makes such groups an object of ridicule and scorn Publication not mailed directly from the publisher or bookstore Unauthorized magazine, book, or newspaper clipping Sticker (paper or non-paper), postage stamps, or envelopes nter l Cex 10”17 nthan 20 Greeting card is padded, laminated, multilayered, musical, or larger a 8” , ectio Photographs larger than 5” x 8” or instant photographs orr layers ry 28 with ho C ebrua Sexually explicit materials F . Ida es v ived on ay Body fluids on letter in H 8 arch Unauthorized inmate-to-inmate correspondence or third-party correspondence of inmates ited c 3507 Colored or padded envelopes (except legal mail) . 14No Envelopes or letters that are stained or have unknown substances, lipstick, or lip balm on them Letters or envelopes with a strong perfume-like or unusual odor Colored pencil(s), markers, glitter, crayons, paint, watercolors or wax on any part of the envelope or the contents of the envelope. Sexually explicit and pornographic material Electronic media items, including but not limited to CDs, DVDs, thumb drives, etc. Other If you are mailing out the item, attach a completed withdrawal form with a staff signature. Mail Out: Yes No Destroy: Yes No Inmate’s Signature Date Staff Member’s Signature Date Staff Associate Number: Date Mailed Out: Date Destroyed: Appendix B 402.02.01.001 (Appendix last updated 9/13/2016)

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