CHAPTER 3. CORRESPONDENCE, CENSORSHIP, AND VISITATION
IC 11-11-3
Chapter 3. Correspondence, Censorship, and Visitation
IC 11-11-3-1
Construction of terms
Sec. 1. As used in this chapter, the terms defined in IC 11-11-2-1
have the meanings set out in that section.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-3-2
Unlimited correspondence; exceptions; prior approval
Sec. 2. (a) A confined person may send and receive, in any
language, an unlimited amount of correspondence to or from any
person, except as provided by subsection (b).
(b) The department may require prior approval of correspondence
between a confined person and another person if the other person is
on parole or:
(1) is being held in a correctional facility;
(2) has been sentenced to a community corrections program;
(3) is being held in a county jail; or
(4) is participating in a work release program;
operated by the department, a county sheriff, a county, the United
States, or any state.
(c) If the department determines that the correspondence referred
to under subsection (b) is in the best interest of both the confined
person and the facility involved, such correspondence shall be
permitted.
(d) When the department has prohibited correspondence referred
to under subsection (b) it shall follow the procedure for notification
and availability of the grievance procedure as provided in sections
4(d) and 4(e) of this chapter.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983,
SEC.1; P.L.101-2006, SEC.21.
IC 11-11-3-3
Repealed
(Repealed by P.L.145-1995, SEC.2.)
IC 11-11-3-4
Inspecting and reading correspondence; removal of items
Sec. 4. (a) The department may read and examine correspondence
sent to or from a confined person unless it is clearly marked as
correspondence that is privileged under state or federal law. The
department may not disclose the contents of the correspondence to
another person unless:
(1) the department has reasonable grounds to believe that the
correspondence:
(A) poses an immediate danger to the safety of an individual
or a serious threat to the security of the facility or program;
or
(B) is prohibited under section 2(b) of this chapter;
(2) the correspondence contains contraband or prohibited
property;
(3) the confined person has been:
(A) convicted of a crime that involved the use of
correspondence to engage in an illegal activity; or
(B) found guilty after a hearing conducted by the department
of using correspondence to commit misconduct;
(4) the department receives a written request from a supervising
authority of any federal or state law enforcement agency stating
that the agency has reasonable grounds to believe that a crime
is being committed or has been committed by the confined
person and that the department should monitor the confined
person's correspondence; or
(5) the department has reasonable grounds to believe that the
correspondence may pose a threat to national security.
(b) The department may open correspondence that is sent to or
from a confined person to inspect for and remove contraband or
prohibited property and to permit removal of funds for crediting to
the confined person's account. The correspondence may not be read,
censored, copied, or otherwise interfered with in regard to its prompt
delivery unless it is not clearly marked as correspondence that is
privileged by other law and:
(1) the department has reasonable grounds to believe that the
correspondence:
(A) poses an immediate danger to the safety of an individual
or a serious threat to the security of the facility or program;
or
(B) is prohibited under section 2(b) of this chapter;
(2) the correspondence contains contraband or prohibited
property;
(3) the confined person has been:
(A) convicted of a crime that involved the use of
correspondence to engage in an illegal activity; or
(B) found guilty after a hearing conducted by the department
of using correspondence to commit misconduct;
(4) the department receives a written request from a supervising
authority of any federal or state law enforcement agency stating
that the agency has reasonable grounds to believe that a crime
is being committed or has been committed by the confined
person and that the department should monitor the confined
person's correspondence; or
(5) the department has reasonable grounds to believe that the
correspondence may pose a threat to national security.
(c) The department may adopt procedures to inspect
correspondence to or from an offender to determine whether the
correspondence contains contraband or prohibited property under
subsection (a) or (b). The department shall inform the offender
whenever the department removes the offender's funds under
subsection (b), including the dollar amount.
(d) For purposes of this section, disagreement with the sender's or
receiver's apparent moral, political, ethical, ethnic, or religious values
or attitudes, veracity, or choice of words may not be used as a reason
for censoring, copying, delaying, or disallowing the delivery of a
personal communication.
(e) This subsection does not apply to correspondence described
under subsection (a)(4), (a)(5), (b)(4), or (b)(5). If the department
delays, censors, copies, or withholds correspondence, it shall
promptly notify the person. The notice must be in writing and specify
the reason for the action, the name of the sender, the date of any
postmark, the date the correspondence was received or deposited at
the facility or program, the proposed disposition to be made of the
correspondence, the name of the person who made the decision, and
the fact that the department's action may be challenged through the
grievance procedure.
(f) The department shall maintain a record of each decision to
withhold, copy, delay, or otherwise interfere with the prompt
transmission of correspondence. This record must indicate the
information set forth in the notice prescribed in subsection (e). The
department shall establish policies to ensure that the contents of any
monitored correspondence shall be shared only with necessary
department staff. However, if the department believes that any
correspondence contains evidence of criminal activity, that
correspondence, or a copy, may be shared with appropriate federal
or state law enforcement officials.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983,
SEC.2; P.L.99-1986, SEC.2; P.L.145-1995, SEC.1; P.L.103-1999,
SEC.1; P.L.101-2006, SEC.22.
IC 11-11-3-5
Stationery, envelopes, and postage
Sec. 5. The department shall provide a confined person, without
cost, a reasonable amount of stationery, envelopes, and postage for
transmission of correspondence, and shall make available for
purchase additional stationery, envelopes, and postage.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-3-6
Printed matter
Sec. 6. (a) A confined person may acquire and possess printed
matter on any subject, from any source. However, unless a confined
person or the sender receives prior approval from the superintendent
for the confined person to receive a book, magazine, newspaper, or
other periodical from another source, a confined person may receive
a book, magazine, newspaper, or other periodical only if it is mailed
to the confined person directly from the publisher, the distributor, or
an accredited postsecondary educational institution. The department
may inspect all printed matter and exclude any material that is
contraband or prohibited property. However, in the case of a
confined adult, the department may not exclude printed matter on the
grounds it is obscene or pornographic unless it is obscene under
Indiana law. A periodical may be excluded only on an issue by issue
basis. Printed matter obtained at cost to the confined person must be
prepaid.
(b) If the department withholds printed matter, it must promptly
notify the confined person. The notice must be in writing and include
the title of the matter, the date the matter was received at the facility
or program, the name of the person who made the decision, whether
the matter is objectionable in whole or in part, the reason for the
decision, and the fact that the department's action may be challenged
through the grievance procedure.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.156-1999,
SEC.1; P.L.2-2007, SEC.152.
IC 11-11-3-7
Incoming and outgoing packages; inspection; notice of removal of
funds, contraband, or prohibited property
Sec. 7. The department may open all incoming and outgoing
packages to inspect for and remove funds, contraband, or prohibited
property. If the department removes contraband or prohibited
property, it must notify the confined person of the removal. The
notice must be in writing and include a description of the property,
the date it was received at the facility or program, the name of the
person who made the decision, the reason for the action, and the fact
that the action may be challenged through the grievance procedure.
A confined person must be informed in writing of the removal of
funds, including the amount.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-3-8
Visitors; reasonable restriction
Sec. 8. A confined person may receive visitors at reasonable
times. The department may, for the purpose of maintaining the
security of its facilities and programs, the safety of individuals, and
administrative manageability, place reasonable restrictions on visits
consistent with the following:
(1) Visits may be conducted in areas where a confined person
and his visitors are not physically separated and that allow for
as much informality and privacy as possible. Contact visits may
be denied for a confined person who is assigned to a maximum
security unit.
(2) Any restrictions regarding visiting times, the number of
visitors a person may receive on a particular occasion or during
a designated period of time, or the duration of a particular visit
must take into account the accessibility of the facility or
program to the visiting public, including sources of public
transportation to or from the facility or program, and the
distance a potential visitor must travel to visit with an offender.
(3) Any restrictions imposed on visitation under this section
must be communicated to the confined person and be made
accessible to the visiting public.
(4) The department may not impose restrictions on visitation
that obstruct the availability of adequate legal representation,
although an attorney or his agent may be required to visit during
normal departmental working hours or at other reasonable
times.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988,
SEC.1.
IC 11-11-3-9
Visitors; prohibition; notice to confined person
Sec. 9. (a) A person may be prohibited from visiting a confined
person, or the visit may be restricted to an extent greater than
allowed under section 8 of this chapter, if the department has
reasonable grounds to believe that the visit would threaten the
security of the facility or program or the safety of individuals.
(b) The department may restrict any person less than eighteen (18)
years of age from visiting an offender, if:
(1) the offender has been:
(A) convicted of a sex offense under IC 35-42-4; or
(B) adjudicated delinquent as a result of an act that would be
considered a sex offense under IC 35-42-4 if committed by
an adult; and
(2) the victim of the sex offense was less than eighteen (18)
years of age at the time of the offense.
(c) If the department prohibits or restricts visitation between a
confined person and another person under this section, it shall notify
the confined person of that prohibition or restriction. The notice must
be in writing and include the reason for the action, the name of the
person who made the decision, and the fact that the action may be
challenged through the grievance procedure.
(d) The department shall establish written guidelines for
implementing this section.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988,
SEC.2; P.L.85-2004, SEC.38.