Sec.18-81-39. Incoming publications and materials

Requests for any local orders for books, magazines, newspapers, educational materials or periodicals shall be made through the school principal or other person as designated by the Unit Administrator who shall determine that the inmate is able to pay for such material(s). If approved, a check or money order for payment shall be withdrawn from the inmate's account and included with the order. An inmate may order hardcover books in new condition only from a publisher, book club, or book store. Incoming materials which adversely affect a valid penological interest may be rejected in accordance with the following review procedures:

(a) Procedures for Review of Publications and Sexually Explicit Materials. The Unit Administrator may reject a publication only if it is determined to be detrimental to the security, good order, or discipline of the facility or if it might facilitate criminal activity. The Unit Administrator may not reject a publication solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by a Unit Administrator include but are not limited to publications which meet one of the following criteria:

(1) It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices.

(2) It depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of the Department of Correction's facilities.

(3) It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs.

(4) It is written in code.

(5) It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption.

(6) It encourages or instructs in the commission of criminal activity.

(7) It is sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the facility, or facilitates criminal activity.

A Unit Administrator shall determine that sexually explicit material of the following types is to be excluded:

(A) Sado-masochistic

(B) Bestiality

(C) Involving children

(D) Materials depicting sexual activity which involves use of force or without the consent of one or more parties.

(b) Individual Review of Publications or Materials. The Unit Administrator may not establish an excluded list of publications. The Unit Administrator shall review the individual publication prior to the rejection of that publication. Rejection of several issues of a subscription publication is not sufficient reason to reject the subscription publication in its entirety.

(c) Notice of Rejection. Where a publication is found unacceptable, the Unit Administrator shall promptly advise the inmate in writing of the decision and the reasons for it. The notice must contain reference to the specific article(s) or material(s) considered objectionable and deemed to pose a threat or detriment to the security, good order or discipline of the facility or to encourage or instruct in criminal activity. The inmate shall be allowed to appeal to the Commissioner or designee within 15 days of receipt of the rejection letter.

(d) Notification to Publisher or Sender. The Unit Administrator shall provide the publisher or sender of an unacceptable publication a copy of the rejection letter. The Unit Administrator shall advise the publisher or sender that an independent review of the rejected material may be obtained by writing to the Commissioner or designee within 15 days of receipt of the rejection letter. The Unit Administrator shall return the rejected publication to the publisher or sender of the material unless the inmate indicates an intent to file an appeal under the inmate grievance procedure, in which case the Unit Administrator shall retain the rejected material at the facility for review. In case of appeal, if the rejection is sustained, the rejected publication shall be returned when appeal or legal use is completed.

(e) Quantity Limitations. The Unit Administrator may set limits locally (for fire, sanitation, housekeeping, security or disciplinary reasons) on the number or volume of publications an inmate may receive or retain in the inmate's quarters. The Unit Administrator may authorize an inmate additional storage space for storage of necessary legal materials.

(Effective August 18, 1993)