Police Department Policy

1008-mail.final_021925

Santa Clara Sheriff

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 Docusign Envelope ID: 3BEF6698-4E55-47D2-BA4C-F23627881A2F 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

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