- Purpose: This order outlines how the Denver Sheriff Department (DSD) will process incoming and outgoing mail for inmates. This includes, but is not limited to, personal letters, legal mail, packages, and literature.
- Policy: The Denver Sheriff Department recognizes that open and frequent communication is necessary and beneficial and promotes legitimate correspondence for inmates and agencies in the community. DSD is charged by Colorado State law to manage the jails safely. The following guidelines are formulated to allow mail delivery while maintaining safety and security.
- Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.1013.
- Procedure: Each facility will establish specific procedures for processing mail that follow these guidelines. This policy and these procedures apply to both general population inmates and special management inmates. <ACA-4ALDF: 2A-60; 5B-08>
- Outgoing Correspondence: Inmates have the right to correspond with any persons or organizations, subject only to the limitations necessary to maintain order and security. <;ACA-4ALDF: 5B-05, 5B-09; 6A-04>
- There is no limit on the amount of outgoing mail when the inmate bears the mailing costs. This applies to the length, language, and content of the letter, except when there is reasonable belief that limitation is necessary to protect public safety or facility order and security.
- Exceptions to outgoing mail include any inmate-to-inmate mail/correspondence from a DSD facility, another jail, prison address, or facility. This mail will not be mailed and shall be returned to an inmate unless Section 2. a. applies.
- All outgoing mail is subject to inspection and reading except as listed in Section 4.A.3.
- DSD will not inspect or read outgoing mail unless there is reasonable suspicion that the mail is not being used for legitimate purposes and/or that the mail presents a potential safety or security risk.
- Inspection or reading of outgoing mail will only occur with the approval of the facility division chief or designee.
- No outgoing mail will be censored.
- Letters to the following persons must be placed in a sealed envelope by the inmate and may not be subject to inspection: <ACA-4ALDF: 6A-02>
- Officers of any court (judge, clerk, attorney or prosecutor).
- Government officials (Executive Director of Safety, Sheriff, Office of the Independent Monitor, etc.).
- Members of the news media.
- All jail personnel handling outgoing inmate mail will ensure that mail is placed in the outgoing mailbag for delivery within forty-eight (48) hours of receipt, excluding weekends and holidays. <ACA-4ALDF: 5B-10>
- Indigent inmates can request an indigent mail packet by sending a message request (kite) to the commissary. <ACA-4ALDF: 5B-06; 6A-09> Please also see Department Order 1.00.6008 – Receipt and Disposition of Inmate Funds for more information about indigent inmates.
- DSD will provide free postage for inmate legal correspondence to court. DSD will maintain records of all free postage.
- Incoming Correspondence: Inmates have the right to correspond with any persons or organizations, subject only to the limitations necessary to maintain order and security. <ACA-4ALDF: 5B-05> Inmate mail, both incoming and outgoing, may be opened to intercept cash, checks, and money orders and inspected for contraband. Mail is read, censored, or rejected based on legitimate facility interests of order and security. Inmates are notified in writing when incoming or outgoing letters are withheld in part or in full. <ACA-4ALDF: 5B-08>
- All inmates must receive mail and packages at P.O. Box 1108, Denver, Colorado, 80201.
- All mail and package deliveries to the facilities' street addresses will be refused.
- There is no restriction on the volume of incoming mail which an inmate may receive.
- Exceptions to incoming mail include any inmate-to-inmate mail/correspondence from a DSD facility or another jail or prison address or facility. Mail that fits these criteria shall be stamped “return to sender”.
- Enclosed items (pictures, etc.) must conform to DSD guidelines listed in this order (see Section 4.D.3).
- The number of acceptable items is subject to each facility’s procedures.
- All incoming mail is subject to inspection and reading, except as listed in Section 4.B.4, below.
- Inspections will be made to detect contraband. Contraband includes, but is not limited to, weapons, escape implements, narcotics or any contents that endanger the security of the jail. These items may include but are not limited to:
- Plans for the introduction of contraband
- Plans for criminal activity
- Threats of blackmail and/or extortion
- Instructions for the construction and/or manufacture of weapons, explosives or incendiary devices, drugs, drug paraphernalia or alcoholic beverages
- Plan for escape or unauthorized entry
- Plans for activities in violation of department rules
- Material that would, if communicated, disrupt the operation and/or safety of the facilities
- Information, which if communicated, would create danger, interpersonal discord, violence and/or harm to any person
- Any contraband including, but not limited to: polaroid photographs, stationery items, postage stamps, envelopes, business cards, lottery tickets, heavy paper stock, laminated items, plastic or cardboard items, cosmetic items, stickers, ribbons, beads, string, oils, chemicals, liquids, foreign substances, drawings or writings made with crayons, batteries, electronic devices, recorded musical cards, glue, etc.
- Food items received in the mail shall be returned to the sender
- Sexually explicit photographs, articles, or materials depicting sexual activity, displaying male/female genitalia or breasts, inappropriate material, etc.
- Gang-related materials including gang graffiti, activity, or tagging
- Items whether original or photocopies:
- Credit card(s) and/or account numbers
- Bank account numbers (belonging to someone other than the addressed inmate), checks, deposit slips or any financial statements
- Personal identification numbers or security codes for any financial transaction or device
- Social Security card, number or statement
- Driver’s license, passport, passport card, consulate card, tribal identification card
- Birth certificates, death certificates, or mortuary documents
- Real estate or property tax documents
- Three-way or third-party mail
- Correspondence containing questionable material will be referred to the facility division chief or designee for appropriate action.
- Incoming correspondence from any of the parties listed below will only be opened and inspected for contraband in the presence of the inmate to whom the correspondence is addressed.
- Officers of any court (judge, clerk, attorney, or prosecutor).
- Government officials (i.e., Executive Director of Safety, Sheriff).
- Members of the news media.
- Funds (postal money orders) will be accepted. Please refer to Department Order 1.00.6008 - Receipt and Disposition of Inmate Funds, for additional guidance.
- The mail room officer will mark all envelopes with inmate funds, indicating the amount and type of funds (i.e., money order or check, etc.).
- The funds will be deposited in the inmate's personal account. Accounting will issue a receipt to the inmate after the funds are posted.
- Upon receipt, the mail will be stamped to indicate date and time of arrival at the facility. All mail is to be delivered within twenty-four hours of arrival at the facility, excluding weekends and holidays. <ACA-4ALDF: 5B-10>
- If an inmate is not physically present to receive his/her mail, (i.e., due to a court appearance, carry-over status, release, etc.), the associated mail will be considered ‘held’ mail. Each facility will establish procedures for held mail.
- Undeliverable mail will be returned to the sender or forwarded to the U.S. Postal Service Dead Letter Office. <ACA-4ALDF: 5B-18>
- Suspicious Packages/Mail:
- Suspicious packages or mail may include but are not limited to those that:
- Are unusual in appearance
- Are of a shape or size not customarily received
- Are postmarked differently from the return address
- Appear to be leaking, stained, or discolored
- Appear to have hazardous materials
- Emit a strange odor
- Appear to have a powdery residue
- DSD will avoid picking up suspicious packages or mail at the U.S. Post Office.
- If a suspicious package or mail is found in a DSD mail room facility:
- The package or mail should not be handled.
- Supervisors and other appropriate authorities should be notified immediately.
- The package should not be opened without external inspection and approval by the appropriate authorities.
- Receipt of Literature and Related Materials: Books, magazines, and newspapers are accepted under the following guidelines: <ACA-4ALDF: 5B-05; 5B-07>
- The publications must come directly from a publisher or regional distributor.
- Literature and related material will be inspected for contraband.
- Literature will be reviewed to determine acceptability. Additional unacceptable items may include:
- Material that is unacceptable for regular mailing with the U.S. Postal Service
- Material that contains nudity and/or appeals to a morbid interest in sex, sadism, masochism or goes beyond the customary limits of candor
- Material that defames, vilifies or incites hatred toward different races, religions, creeds or national origins
- Material advocating the violent overthrow of the existing forms of government
- Material including lawlessness, violence, anarchy or portraying such conduct as commendable activity
- Material depicting the use or manufacture of firearms, explosives and other weapons
- Material depicting or relating to locksmithing, lock picking or in any way defeating a security or locking mechanism or system
- Envelopes, stamps and legal pads
- Any items that are available to inmates from the commissary
- Receipt of Packages:
- Inspection and delivery of incoming packages should be within 72 hours. <ACA-4ALDF: 5B-10>
- Inmates may not receive items to wear, drink, eat or smoke.
- Razor blades, toiletries, medications, appliances or any item in which the contents cannot be verified, are not allowed.
- Unauthorized items and all other items received in the package will be returned to the sender.
- Inmate Notification: Inmates will be notified whenever any letter, package or postal item is held or returned as unacceptable or rejected. <ACA-4ADLF: 5B-08>
- Publicizing of Mail Regulations:
- Pertinent portions of this order will be included in the Inmate Handbook provided to all inmates.
- Copies of the pertinent portions of this order will be available upon request.
- Responsibility:
- Training: The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
- Management: The division chief/unit commander or unit manager of any division or unit affected by this policy will:
- ensure that existing procedures and all newly developed orders are in compliance with this order;
- ensure that all affected personnel are made aware of this policy; and
- ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
- Supervisors: All supervisors will ensure that the provisions of this policy are being followed.
- Staff: All officers and employees will comply with the provisions of this policy.
- Effective Date: This order will become effective on April 8th, 2021.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
|