Policy Text
Copyright Lexipol, LLC 2025/02/1 9, All Rights Reserved.
Published with permission by Santa Clara County Sheriff's
Office Mail - 1 Santa Clara County Sheriff's Office
Custody Manual
Mail
1008.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to receive, send, inspect, distribute, and reject
mail in a manner that complies with laws, postal regulations, and the Santa Clara County Sheriff's
Office interests of safety, security, order and rehabilitation.
1008.2 POLICY
The Office will ensure that incarcerated persons may send and receive mail, that mail is regulated
and handled in a manner that does not compromise safety, security, order or rehabilitation, and
is consistent with constitutional rights.
1008.3 MAIL GENERALLY
Incarcerated persons may, at their own expense, send and receive mail without restrictions on
quantity, provided it does not jeopardize the safety of staff, visitors, or other incarcerated persons,
or poses an unreasonable disruption to the orderly operation of the facilities.
However, incarcerated persons are only allowed to store a limited amount of mail in their cells as
determined by the Assistant Sheriff of Custody Operations or the authorized designee. Excess
writing materials and mail, including confidential mail, will be stored with the incarcerated person's
personal property and returned upon release.
1008.4 SUSPENSION/RESTRICTION OF MAIL PRIVILEGES
Mail privileges may be suspended or restricted upon approval of the Assistant Sheriff of Custody
Operations or the authorized designee, for not longer than 72 -hours, whenever Custody Bureau
staff becomes aware of correspondence regulation violations, such as (15 CCR 1083(f)):
(a) Mail sent by an incarcerated person that involves threats of violence against any
member of the government, judiciary, legal representatives, victims, or witnesses.
(b) Incoming or outgoing mail representing a threat to the safety or security of the facility,
staff, or the public.
The District Attorney or County Counsel should be consulted when criminal charges are
considered against an incarcerated person or there is an apparent liability risk to the Office that
relates to suspension or restriction of mail privileges.
1008.5 PROCESSING AND INSPECTION OF MAIL
Incoming and outgoing mail, including legal packages, will be held for no longer than 24 hours,
excluding weekends and holidays.
When mail is determined to be inappropriate in accordance with the provisions of this policy
or when an incarcerated person is sent material that is not prohibited by law but is considered Policy
1008
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Santa Clara County Sheriff's Office
Custody Manual
Mail
Copyright Lexipol, LLC 2025/02/1 9, All Rights Reserved.
Published with permission by Santa Clara County Sheriff's
Office Mail - 2
contraband by the facilities, the material may be returned to the sender or held in the incarcerated
person's property to be given to the incarcerated person upon release.
Cashier's checks and money orders contained in incoming incarcerated person mail shall be
removed and credited to the incarcerated person's account. Personal checks and cash shall be
returned to the sender or held in the incarcerated person's property to be given to the incarcerated
person upon release.
Incarcerated persons shall be notified in writing whenever their mail is held or returned to the
sender. Mail logs and records, justification of censoring or rejection of mail, and copies of hold or
return notices shall be maintained in accordance with established records retention schedules.
1008.5.1 NONCONFIDENTIAL MAIL
The assigned Custody Support Assistant shall open and inspect all incoming mail for contraband,
personal property, checks, money orders or anything that may pose a threat to the safety and
security of the facilities.
Only members designated by the Assistant Sheriff of Custody Operations or the authorized
designee are authorized to read incoming and outgoing nonconfidential mail of current
incarcerated persons.
Incoming correspondence may be read when there is a valid security reason, and the Division
Commander or the authorized designee has granted approval.
Outgoing mail will be sealed by the incarcerated person and may be opened and read by Custody
Bureau staff when:
(a) There is reason to believe the mail would:
1. Interfere with the orderly operation of the jail
2. Be threatening to the recipient
3. Facilitate criminal activity
(b) The incarcerated person is on a restricted mail list
(c) The mail is between incarcerated persons
(d) The envelope has an incomplete return address
1008.5.2 CONFIDENTIAL MAIL
Incarcerated persons may correspond confidentially with courts, legal counsel, officials of this
Office, elected officials, jail oversight entities, government officials, or officers of the court provided
the correspondence has been inspected and searched for contraband, cash and checks. Such
searches shall be conducted in the presence of the incarcerated person.
In the event that incoming or outgoing