PRIOR PRINTER'S NOS. 2457, 3324 PRINTER'S NO. 3707
No. 1982 Session of 1977
INTRODUCED BY MESSRS. W. D. HUTCHINSON, RICHARDSON, MILLER,
RHODES, BROWN, KUKOVICH, WHITE, FISHER, WAGNER, SCIRICA,
HASKELL, WILLIAMS, PRATT, OLIVER, DONATUCCI, WIGGINS, COHEN,
MOEHLMANN, ITKIN AND BERSON, DECEMBER 14, 1977
AS AMENDED ON THIRD CONSIDERATION, HOUSE OR REPRESENTATIVES,
SEPTEMBER 13, 1978
AN ACT
1 Relating to the rights of inmates and officials as to inmate
2 mail in correctional institutions.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Resident
7 Mail Act."
8 Section 2. Legislative purpose.
9 This act shall be interpreted and construed as to effectuate
10 the following purposes:
11 (1) To guarantee the right of elected or appointed
12 Federal, State and local officials, judges and attorneys and
13 their staffs to communicate with inmates incarcerated in
14 State and county operated correctional institutions and <--
15 prisons. , AND REGIONAL CENTERS. <--
16 (2) To reduce litigation and complaints concerning the
1 rights and responsibilities of prisoners in their mail
2 correspondence with persons outside correctional facilities.
3 (3) Facilitate the maintenance of family ties and
4 reintegration into the community of incarcerated persons by
5 maximizing communication with family, friends, relatives and
6 other people concerned with the overall program of
7 individuals in correctional facilities.
8 Section 3. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given them in this section unless the context
11 clearly indicates to the contrary:
12 "Correctional institution." Any State correctional
13 institution or county prison , COUNTY PRISON OR REGIONAL CENTER <--
14 used for the purpose of incarcerating persons awaiting trail or
15 convicted of a crime.
16 "Privileged mail." Correspondence addressed to or from
17 elected or appointed Federal, State or local officials, their <--
18 staff assistants acting in the official capacity of the office,
19 OFFICIALS or any attorneys at law. <--
20 "Residents." Any persons awaiting trial or sentenced by a
21 court of this Commonwealth who is incarcerated in a State or
22 county operated correctional institution or prison. , PRISON OR <--
23 REGIONAL CENTER.
24 Section 4. General correspondence.
25 (a) Right to correspond.--All residents shall be permitted
26 to correspond with friends, family members, attorneys,
27 legitimate business contacts, members of the press and news
28 media, and public officials. and their staff. There shall be no <--
29 limit to the number of letters a resident can mail to persons
30 outside a correctional institution.
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1 (b) Restrictions.--
2 (1) Correspondence with residents of other institutions,
3 ex-residents, probationers or victims of the resident's
4 criminal acts shall require special approval of the
5 superintendent or warden.
6 (2) Manuscripts or correspondence with publishers and <--
7 communication media may be examined by the superintendent,
8 warden or his designated representative only if there is reason
9 to believe the documents or correspondence contain obscene
10 material, advertisements or "pen pal" solicitations. The
11 documents may be rejected and returned to the resident with
12 reasons for the rejection stated in writing.
13 (3) (2) The Bureau of Corrections shall return to the <--
14 resident any mail to persons who have stated in writing to
15 the bureau that do not wish to receive mail from such
16 resident.
17 Section 5. Privileged correspondence.
18 (a) General rule.--Residents shall be permitted to send and
19 receive sealed letters to the following persons or
20 organizations:
21 (1) Elected or appointed Federal, State or local
22 officials. or their staff assistants. <--
23 (2) Attorneys at law.
24 (b) Privacy.--Mail to these persons shall not be opened or <--
25 censored. Under no circumstances shall incoming or outgoing
26 privileged mail be subject to censoring or be OPENED OR read by <--
27 correctional institutional personnel.
28 (c) Inspection.--Incoming privileged correspondence shall be
29 opened by correctional institutional personnel in the presence
30 of the inmate and checked for contraband if there is reason to <--
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1 believe that the mail is not from whom it is purported to be. IF <--
2 THERE IS ANY REASONABLE SUSPICION THAT IT CONTAINS CONTRABAND.
3 Section 6. Handling and distribution of mail.
4 (a) Outgoing mail.--Nonprivileged outgoing mail INCLUDING <--
5 CORRESPONDENCE TO PUBLISHERS AND COMMUNICATIONS MEDIA shall not
6 be read, censored or reproduced except as provided in section 7.
7 (b) Incoming mail.--
8 (1) All mail delivered to a correctional facility <--
9 INSTITUTION shall be delivered to the resident within 48 <--
10 hours after arrival only if the inmate is physically within
11 the confines of the institution.
12 (2) All privileged correspondence shall be delivered to
13 the resident unopened.
14 (3) All mail that is not considered privileged and is
15 REASONABLY suspected of containing contraband may be opened <--
16 and examined for contraband before delivery to a resident.
17 (4) All incoming mail that is not considered privileged
18 shall not be read or censored except as provided in this act.
19 Section 7. Security.
20 (a) Right to read.--The correctional institution PERSONNEL <--
21 may read nonprivileged mail upon the written approval of the
22 superintendent or warden only if there is reason to believe ANY <--
23 REASONABLE SUSPICION that the correspondence contains
24 threatening, abusive, libelous, or obscene material or <--
25 information furthering a criminal plan or containing criminal
26 solicitation or contraband material.
27 (b) Retention of correspondence.--Upon the finding of mail
28 deemed to be a threat to security, the superintendent or warden
29 may SHALL return the correspondence to the inmate or retain it <--
30 only for the purpose of criminal investigation. THE INMATE MAY <--
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1 CHALLENGE THE DECISION OF THE SUPERINTENDENT OR WARDEN AND
2 SECURE REVIEW BY THE COMMISSIONER OF CORRECTIONS OR THE COUNTY
3 PRISON BOARD, IF HE FEELS THE RETENTION OF THE CORRESPONDENCE IS
4 CONTRARY TO THE PROVISIONS OF THIS ACT.
5 (c) Records.--A log shall be kept of instances where mail is
6 read by correctional staff and the inmate shall be notified
7 immediately unless such notification would impede the
8 investigation of criminal activity in which case the resident
9 shall be notified when the investigation is complete.
10 (d) Violations.--An inmate who violates institutional mail
11 regulations shall not lose his basic correspondence privilege.
12 Section 8. Effective date.
13 This act shall take effect in 60 days.
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