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C.F.R. §540.100, et seq., Subpart I - Telephone Regulations for
Inmate; and Program Statement 5264.07, Telephone Regulations for
Inmates.
Telephone privileges are a supplemental means of
maintaining community and family ties that may contribute to an
inmate's personal development. An inmate may request to call a
person of his or her choice outside the institution on a
telephone provided for that purpose. However, limitations and
conditions may be imposed upon an inmate's telephone privileges
to ensure adherence to other aspects of the Bureau's correctional
management responsibilities. In addition to the procedures set
forth in this subpart, inmate telephone use is subject to those
limitations which the Warden determines are necessary to ensure
the security or good order, including discipline, of the
institution or to protect the public. Restrictions on inmate
telephone use may also be imposed as a disciplinary sanction.
2gg 28 C.F.R. Part 541.
Inmates must submit a list of numbers they wish to be placed on
their approved telephone list. Inmates can only call numbers
placed on their approved telephone list. Once an inmate submits
the initial list, it will be processed as soon as possible.
Inmates may submit additional telephone numbers once they are
assigned a Correctional Counselor or Case Manager from the Unit
Team.
Inmates are
capability.
each inmate
Ordinarily,
the receiving party pays. See 28 C.F.R. §540.105. Third party,
conference calls or use of two phones on the same number, or
other alternative call arrangements are not permitted, thus
limiting the opportunity for inmates to use the phones for
criminal or other inappropriate purposes. Inmates who use the
telephone improperly are subject to disciplinary actions which
may result in the loss of telephone privileges, and in some cases
criminal charges.
advised of the institution's telephone monitoring
al 28 C.F.R. §540.102. A notice is posted next to
telephone advising that calls are monitored.
calls are paid for by the inmate, but in some cases
Inmates may place attorneys on their approved telephone list.
However, the calls are recorded and subject to monitoring. Such
calls are not attorney-client privileged calls. Inmates seeking
attorney-client privileged calls must request an unmonitored
telephone call as described above in section B(1).
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3.
Emergency Telephone Calls
Inmates requiring an emergency social phone call due to a death
or serious illness of an immediate family member shall submit a
request to the Religious Services Department. Likewise, if an
individual needs to contact an inmate for these reasons, they
should call the main number and ask to speak to the Religious
Services Department.
C. Legal Mail
All legal mail must be addressed to the inmate. All mail
addressed to staff on behalf of an inmate will be returned to
sender. Inmates may not receive documents via facsimile.
1.
Legal Mail Envelopes:
The Bureau has established procedures by which an inmate may
receive confidential legal mail. See 28 C.F.R. § 540.18; and
Bureau of Prisons Program Statement 5800.10, Mail Management
Manual ("PS 5800.10"). The Code of Federal Regulations provides
that special mail, which may only be opened in the presence of
the inmate, will be treated as such "if the sender is adequately
identified on the envelope, and the front of the envelope is
marked 'Special Mail - Open only in the presence of the
inmate.'" 28 C.F.R. § 540.18(a). However, the presence of a
return address with a firm name does not sufficiently identify
the sender of the material as an attorney.
Specifically, the attorney must be adequately
identified on the envelope as an attorney . . . The
use of the title "Esquire" without additional
indication of the sender's occupation does not
establish the bearer as an attorney or legal aid
supervisor. Mail from individuals using the title
"Esquire" as the exclusive identification of their
status shall not be handled as special mail, even if
the envelope contains some special mail markings.
P.S. 5800.10, Ch. 3, p.5. To maintain consistent handling of
legal mail, strict compliance with these procedures will be
enforced by MCC New York mail room staff. To properly identify
legal mail, counsel must write their name (not just the firm's
name) and their legal status (i.e., attorney), in the return
address portion of the envelope. This information, in addition
to writing elsewhere on the envelope "Special Mail - Open only
in presence of inmate," will ensure that legal mail is treated
as confidential attorney-client communication.
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2.
Legal Mail Packages:
Bureau of Prisons policy requires that incoming inmate property
packages be authorized in advance unless otherwise approved
under another Bureau policy. Packages containing only legal
material do not need to be pre-approved; however: