Inmates communicate with family, friends and other members of their community via written correspondence that is monitored by staff for possible contraband or content that might compromise security or good order in an institution.
Federal facilities allow inmates to visit, write letters and make telephone calls; according to Turner and Overton’s requirements these restrictions do not violate substantive due process.
Electronic Messages
As is the case with telephone calls, electronic messages must also be monitored for contraband and disciplinary violations. According to BOP regulations, staff use threat analysis, risk evaluation and intelligence sources in order to identify inmates who pose communication threats or pass along unwanted communication. With this knowledge at their disposal, SIS staff can use prevent illegal or unauthorized communication activities before they begin and reduce the chance of them occurring during contact visits.
Family and friends do not face limitations when emailing a prisoner; messages sent via TRULINCS or Corrlinks cannot exceed 13,000 characters; when reaching this limit, an indicator will notify an inmate’s composition screen with “Characters Remaining.”
The Bureau also places restrictions on electronic messaging by prohibiting prisoners from seeking external contacts for email forwarding purposes. Prisoners found requesting external contacts will be subject to a disciplinary incident report and could lose TRULINCS or Corrlinks privileges as a result.
The Bureau’s regulation on electronic messaging offers an alternative to no-contact visiting by allowing inmates to maintain family ties, discuss legal matters with attorneys, communicate with government agencies and courts, as well as stay in contact with government agencies and courts. Furthermore, this enables the Bureau to concentrate monitoring and translation resources (which are needed across all institutions) into CMUs where inmates with communication limitations reside, thus decreasing costs for monitoring translation services provided to all of society at large.
Telephone Calls
Telephone calls provide valuable ways for inmates to stay in touch, yet can present certain risks. Without proper monitoring or recording capabilities during contact visits, it may be more challenging to detect and stop unapproved activities or infractions against rules. Nonetheless, the Bureau has implemented safeguards designed to protect inmates from using abusive telephone systems while protecting the public at large.
Prison inmates may make either prepaid or collect calls from prison, using either debit accounts to make payment, or collecting calls when someone agrees to the charges. Call data regarding direct-dial and collect calls are stored in an institution’s phone services system (ITS), allowing staff members to easily retrieve it for analysis purposes. Furthermore, this ITS also keeps track of duration and cost details of each call made from jail.
The Commission has implemented permanent rate caps for interstate and intrastate inmate calling services providers, in order to control costs associated with inmate phone calls. In its 2015 ICS Order, the Commission excluded site commission payments from rates as these do not reflect costs directly related to providing inmate calling services. Through a 2020 FNPRM document called GTL v. FCC Remand Decision the Commission sought comment on whether and how reform of such ancillary service charges should occur.
General Correspondence
Inmates also have limited access to general correspondence; however, all incoming letters may be subject to inspection for contraband before being read by institution staff at their discretion.
Inmates may send correspondence to anyone on their approved correspondent list. Any letters from or addressed to individuals deemed by the Warden as security risks can be rejected at any time; letters that contain threats or extortion attempts should also be reported immediately to law enforcement agencies.
Mail sent from persons other than an inmate’s spouse or parents may be opened and inspected, similar to outgoing mail; exceptions include “special mail,” such as letters from attorneys with a Department of Corrections issued Attorney Control Number and secondary authentication number valid for one week, or court entities bearing their Court Control Number printed on the envelope.
Inmates must inform their correspondents that all incoming and outgoing correspondence may be inspected for contraband, so it is a good idea to document all contacts and communications, including conversations held as well as dates they took place. If your rights with regard to your mail are being violated, file a grievance immediately – grievance filing deadlines tend to be shorter than other appeal processes so do so quickly!
Special Correspondence
At most Federal facilities, inmate communication systems utilize an Inmate Telephone System (ITS) system. This consists of computer hardware and phone switch components as well as software designed to record and analyze call data. It allows the Bureau of Prisons (BOP) to debit commissary accounts for the cost of calls made by inmates as well as identify who made each call without visually inspecting telephone areas; additionally it permits monitoring inmate calls for any evidence of illegal or prohibited behaviors.
Inmates believed to pose an immediate threat to others or the institution may be placed into special correspondence status, which restricts communications with family and other unauthorized contacts. Such restrictions are typically implemented by an Administrative Unit Director using intelligence gathered from federal agencies like the FBI.
Once an inmate receives notification that they have been placed on restricted special mail status, all special mail must be presented for inspection by staff for possible contraband items. Staff will inspect each piece in front of the inmate and if no danger to themselves or others exists they will return it back to the recipient.
If you feel your prison’s censorship of your mail violates the law, file a grievance. Document as much of what has occurred as possible so as to increase the chance of success when making legal claims against it.