- August 22, 2023
- Posted by: legaleseblogger
- Category: Related News
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Is there a specific legal time frame within which a jail is required to dispatch mail to the USPS after being entrusted to the jailer? I am inquiring about this because, according to the dates attached, it took the jail over a month to send out the letter. The delay has raised concerns regarding the timely handling of mail in correctional facilities.
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Depends on where you are. It would be a local law or a prison specific policy.
Here’s one from Michigan DOC:
Facilities shall endeavor to process all incoming and outgoing mail within two business day after receipt.
Mail received by any form of express mail or special delivery is not required to be expedited. Mail sent
or received over holidays or weekends, and mail requiring special handling or foreign language
summarization, may require additional time to process. However, mail sent via disbursement to a
court, an attorney, or a party to a lawsuit shall be processed consistent with the requirements set forth
in Paragraph O. Prisoners shall not be used to process mail.
There are no federal laws that I am aware of that contain a timeframe,
According to the ACLU:
Your rights
The First Amendment of the Constitution entitles prisoners to send and receive mail, but the prison or jail may inspect and sometimes censor it to protect security, using appropriate procedures.
Prison officials’ ability to inspect and censor mail depends on whether the mail is privileged or not. Officials may open non-privileged mail, which includes letters from relatives, friends, and businesses, outside your presence. They can read this mail for security or other reasons without probable cause or a warrant.
Incoming or outgoing non-privileged mail may be censored for legitimate security reasons. However, mail may not be censored simply because it is critical of prison officials or because prison officials disagree with its content.
Prisons may not ban mail simply because it contains material downloaded from the Internet. You may not be punished for posting material on the Internet with the help of others outside of prison.
Clearly marked privileged mail, which includes communications to and from attorneys and legal organizations like the ACLU, gets more protection. Officials may open incoming privileged mail to check it for contraband, but must do so in your presence. They are not allowed to open outgoing privileged mail. Privileged mail ordinarily cannot be read unless prison officials obtain a warrant allowing them to do so.
If your incoming mail is censored, both you and the sender are entitled to notice. The notice must explain the reasons for the censorship in enough detail to allow you to challenge it.
What to do if you think your rights have been violated
If you believe your rights with respect to mail have been violated, you should file a grievance, and appeal it through all available levels of appeal. Note that there are usually strict time limits for filing a grievance, so you should do so as soon as possible. You should file a new grievance for each incident; you have a better chance of succeeding in a lawsuit if you can establish that the prison’s violations of your rights are the result of an ongoing policy or practice, rather than isolated incidents.
Whenever the jailer feels like it