Prison mail rules

The following rules apply to routine mail going to Florida prisons.

33-210.101 Routine Mail.

(1) The provisions of this section shall apply to routine mail. Routine mail is all inmate mail, except legal mail (see 33-210.102, F.A.C. privileged mail (see 33-210.103, F.A.C.) and publications (see 33-501.401, F.A.C.).

(2) Inmates will be permitted to receive only the following types of materials through routine mail:
(a) Written correspondence (no limit as to number of pages). Correspondence may be written on greeting cards, but cards containing electronic or other non-paper parts, cards which are constructed in such a way as to permit concealment of contraband, or which are larger than 8"x10" will not be permitted.
(b) Up to 5 pages of additional written materials, unless prior approval is obtained from the warden to send in an enclosure of greater than five pages.
Each page can be no larger than 8 1/2 x 14 inches in size; material can be on both sides of a page. This does not include bound publications which will be handled pursuant to Rule 33-501.401, F.A.C.
Individual newspaper or magazine articles or clippings or clippings from other publications are permissible, up to the 5 page limit.
No item can be glued, taped, stapled or otherwise affixed to a page.
Requests to send enclosures of greater than five pages shall be made to the warden or his designee prior to sending the material.
Exceptions to the five page limitation are intended for enclosures concerning legal, medical, or other significant issues, and not for material for general reading or entertainment purposes.
The warden shall advise the sender and the mail room of his approval or disapproval of the request.
(c) Photographs. Photographs will be counted toward the 5 page additional materials limitation. Nude photographs or photographs which reveal genitalia, buttocks, or the female breast will not be permitted.
Polaroid photographs will not be permitted.
Photographs will not exceed 8"x10".
(d) Self-addressed stamped envelopes. These items do not count toward the 5 page limitation for additional materials, but cannot exceed the equivalent of 20 (1 ounce) first class stamps.
(e) Blank greeting cards (no larger than 8"x10"), stationery or other blank paper or envelopes. These items do not count toward the 5 page limitation for additional materials, but cannot exceed 10 in number, with a total possession limit of 15 of each item.
(f) U.S. postage stamps. The value of the stamps cannot exceed the equivalent of 20 (1 oz.) first class stamps. These items do not count toward the 5 page limitation for additional materials.

(3) No other items may be received through incoming routine mail. If an impermissible item is found (other than items of an illegal nature, the entire correspondence will be returned to the sender pursuant to subsection (11) of this rule.
For example, the following items are not permissible for inclusion in or attachment to routine mail:
(a) Non-paper items;
(b) Items of a non-communicative nature such as lottery tickets or matchbooks;
(c) Stickers or stamps (other than postage stamps, postal service attachments, and address labels affixed to the outside of the envelope);
(d) Address labels (other than those affixed to the outside of the envelope);
(e) Laminated cards or other laminated materials.

(4) Inmates shall be responsible for informing correspondents of the regulations concerning incoming routine mail.

(5) Any routine mail sent or received may be opened, examined and read by a designated employee.
Outgoing mail shall not be sealed by the inmate sender. Incoming and outgoing mail that is properly addressed and otherwise in compliance with applicable rules shall not be held for processing for more than 48 hours of receipt by the mail room, excluding weekends and holidays.

(6) Except as provided in this section, inmates may send mail to and receive mail from any person or group they wish.

(7) Correspondence with inmates of other penal institutions shall be subject to the approval of the warden of each institution. Either warden shall withhold approval if he finds that the intended correspondence would present a substantial threat of interference with the security, order or rehabilitative objectives of his institution.

(8) Inmates may not send mail to any person who has advised the warden that he does not wish to receive mail from the inmate.
The parents or legal guardians of a person under the age of 18 may advise that mail is not to be sent to such person. Upon receipt of such advisement, the warden will cause to be prepared an acknowledgement specifying that the inmate will not be permitted to send mail to the person requesting the correspondence restriction and that such person should return any further mail received from the inmate and notify the warden of the attempt to correspond.
After the inmate is notified of the correspondence restriction, any further attempt to correspond will be considered a violation of this rule and of section 9-14 of the Rules of Prohibited Conduct, (33-601.314, F.A.C.) and will subject the inmate to disciplinary action.

(9) Outgoing or incoming mail shall be disapproved for mailing or delivery to the inmate if any part of it:
(a) Depicts or describes procedures for the construction of or use of weapons, ammunitions, bombs, chemical agents, or incendiary devices;
(b) Depicts, encourages, or describes methods of escape from correctional facilities or contains blueprints, drawings or similar descriptions of Department of Corrections facilities or institutions, or includes road maps that can facilitate escape from correctional facilities;
(c) Depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs or other intoxicants;
(d) Is written in code;
(e) Depicts, describes or encourages activities which may lead to the use of physical violence or group disruption;
(f) Encourages or instructs in the commission of criminal activity;
(g) Is dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution, violation of department or institution rules, the violation of which would present a serious threat to the security, order or rehabilitative objectives of the institution or the safety of any person;
(h) Threatens physical harm, blackmail or extortion;
(i) Pictorially depicts sexual conduct as defined by s. 847.001, FS, as follows:
1. Actual or simulated sexual intercourse;
2. Sexual bestiality;
3. Masturbation;
4. Sadomasochistic abuse;
5. Actual contact with a person’s unclothed genitals, pubic area, buttocks, or, if such person is a female, breast;
6. Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.
(j) Presents nudity or a lewd exhibition of the genitals in such a way as to create the appearance that sexual conduct is imminent, i.e., display of contact or intended contact with genitals, pubic area, buttocks or female breasts orally, digitally or by foreign object, or display of sexual organs in an aroused state.
(k) Contains criminal history, offender registration, or other personal information about another inmate or offender which, in the hands of an inmate, presents a threat to the security, order or rehabilitative objectives of the correctional system or to the safety of any person;
(l) Is not in compliance with incoming mail regulations set forth in subsections (2) and (3) of this rule (incoming mail only);
(m) Contains or appears to contain unknown or unidentifiable substances; or
(n) otherwise presents a threat to the security, order, or rehabilitative objectives of the Correctional System, or to the safety of any person.

(10) No inmate may establish or conduct a business through the mail during his period of incarceration.

(11) When an inmate is prohibited from sending a letter, the letter and a written and signed notice stating one of the authorized reasons for disapproval and indicating the portion or portions of the letter causing disapproval will be given to the inmate.
When an inmate is prohibited from receiving any item of mail, the inmate and the sender will be given notice in writing that the mail has been disapproved stating one of the authorized reasons for disapproval.
The Unauthorized Mail Return Receipt, Form DC2-521, will be placed in the original envelope with the correspondence and returned to the sender.
If contraband is discovered in the mail (other than contraband of an illegal nature), the contraband item and the correspondence will be returned to the sender with the Unauthorized Mail Return Receipt included.
In either case the inmate may file a grievance to be reviewed by an officer or official other than the person disapproving the mail.
Form DC2-521 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, Office of the General Counsel, 2601 Blair Stone Road, Tallahassee, Florida, 32399-2500. The effective date of this form is December 4, 2002.

(12) The address of all incoming mail must contain the inmate's committed name, identification number and institutional address.
The return address of all outgoing mail must contain only the inmate's committed name, identification number and institutional name and institutional address.
No prefix other than inmate, Mr., Ms., Miss, or Mrs. nor any suffix other than Jr., Sr. or Roman numeral such as II or III may be included as part of the committed name in the return address.
The institutional name in the return address must be spelled out completely with no abbreviations.
All outgoing routine mail will be stamped "mailed from a state correctional institution" by mail room staff.

(13) When an inmate is transferred or released, routine mail addressed to the inmate at his old institution shall be treated as follows:
(a) For 1 month after the transfer or release, all first-class and second-class mail will be returned to the post office within 10 working days of receipt with a forwarding address, if available, and a request will be made to postal authorities to forward.
All postage due is the responsibility of the inmate and must be paid in accordance with postage regulations.
At the end of the 1-month period, all first-class and second-class routine mail will be returned to the U.S. Postal Service with no attempt to have mail forwarded.

(b) From the date of transfer or release, all routine mail other than firstclass and second-class will be returned to the U.S. Postal Department for its disposition.

(14) No postage or writing materials shall be provided to inmates for routine mail except that postage and writing materials shall be provided to any inmate with insufficient funds for mailing one first class letter weighing one ounce or less each month to be used for mailing one first class letter weighing one ounce or less each month.
Local procedures may be established to require the inmate to request the free postage and writing materials or to establish a specific day of the month for the free letters to be processed.
Inmates shall be permitted to receive U.S. postage stamps in their routine mail so long as the value of the stamps does not exceed the equivalent of 20 (1 oz.) first class stamps.
Inmates may not possess more than the equivalent of 25 (1 oz.) first class stamps.
Due care shall be exercised in processing mail, however, the department shall not be responsible for any postage stamps sent through the mail.

(15) Inmates shall not utilize hand-made packages or envelopes to send out routine mail. Mail enclosed in such materials will be returned to the inmate without processing.

(16) Outgoing packages and envelopes will not bear any artwork, additional lettering or designs other than the required address and return address.