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Postal Mail Regulations

From Prisonpedia

Postal mail regulations in the Federal Bureau of Prisons (BOP) govern all incoming and outgoing correspondence for inmates housed in federal correctional institutions.[1] These rules are codified in 28 CFR Part 540, Subpart B (Correspondence) and Program Statement 5265.14 and are designed to facilitate communication between inmates and the outside community while preventing the introduction of contraband, escape planning, criminal activity, or threats to institution security.[2] All non-legal mail is subject to inspection by staff; legal mail (properly marked "Special Mail") receives heightened procedural protections and is opened only in the inmate's presence.[1]

The BOP processes millions of pieces of mail annually.[1] Inmates may send and receive unlimited general correspondence unless restricted by individual sanctions or facility-specific rules.[1] Mail must be sent through the United States Postal Service; packages from commercial carriers such as UPS or FedEx are generally rejected unless approved in advance under the institutional package program.[1]

Summary

Incoming general correspondence may be read by staff, censored, or rejected if it contains contraband, coded messages, plans for criminal activity, sexually explicit material that threatens security, or information that could facilitate blackmail or harassment.[1] Photographs, greeting cards, and publications are permitted within defined limits.[1] All incoming mail must include the inmate's full committed name, register number, and the complete return address of the sender; otherwise it is returned unopened.[1]

Outgoing mail is sealed by the inmate and deposited in institution mailboxes.[1] Staff may inspect outgoing general correspondence on a random or targeted basis.[1] Inmates indigent for postage are provided limited free postage each month for general correspondence and unlimited free postage for legal mail.[1]

Legal and privileged correspondence (marked "Special Mail – Open only in the presence of the inmate") is opened and inspected for physical contraband in the inmate's presence but is not read unless there is documented reason to believe it contains prohibited material.[2] Publishers-only publications (books, magazines, newspapers) must be received directly from the retailer or publisher; no third-party forwarding is allowed.[1]

Electronic messaging through TRULINCS (Trust Fund Limited Inmate Computer System) is treated separately from postal mail and is governed by different regulations.[1] Violations of mail rules may result in disciplinary action, mail restrictions, or placement on restricted correspondence lists.[1]

History

Federal prison mail regulations have existed in some form since the creation of the Bureau of Prisons in 1930, but the modern framework originated with the 1979 revision of 28 CFR Part 540 following litigation and changing First Amendment standards.[2] The landmark Supreme Court decision Procunier v. Martinez (1974) struck down broad censorship practices and required that restrictions be no greater than necessary for security and order.[2]

In response, the BOP implemented the publishers-only rule for softcover books and magazines in 1979, later extended to hardcover books.[3] The rule was upheld in Bell v. Wolfish (1979) and subsequent cases.[3]

After the September 11 attacks and increased concern about terrorism, the BOP enacted interim rules in 2002–2005 authorizing expanded reading of incoming and outgoing mail from inmates with suspected terrorist ties.[3] These provisions were codified in 2005 and remain in effect.[3]

In 2010–2011, Program Statement 5265.14 was issued to consolidate all correspondence policy.[1] Minor revisions occurred in 2015 to address sexually explicit material and again in 2022–2023 to clarify procedures for photographs and greeting cards.[1] The introduction of the TRULINCS email system in 2005 and its expansion in subsequent years reduced reliance on postal mail but did not alter postal regulations.[1]

As of 2025, the core 2011 policy and 28 CFR Part 540 remain the governing authorities.[1]

General Correspondence

Inmates may send and receive unlimited volumes of general correspondence unless placed on restriction for abuse of mail privileges.[1] All non-privileged incoming mail is opened and inspected in the mail room.[1] Staff may read mail when there is reasonable belief it poses a threat or contains contraband.[1]

Prohibited content includes:[1]

  • Plans to commit illegal acts or escape
  • Sexually explicit material that, by its nature, threatens security (e.g., bestiality, involving minors, or non-consensual acts)
  • Information that could be used for blackmail, extortion, or harassment
  • Coded messages
  • Stickers, glitter, perfume, lipstick, or unknown substances

Polaroid photographs are banned nationwide; standard printed photos are limited to five per envelope at most facilities.[1] Greeting cards are permitted if they are commercially produced and no larger than 6×8 inches.[1]

Special Mail (Legal and Privileged Correspondence)

Correspondence marked "Special Mail – Open only in the presence of the inmate" and sent from identified attorneys, courts, Congress, the Department of Justice, or other authorized officials receives special handling.[2] The envelope must bear the sender's official letterhead or title.[2] Staff open it in the inmate's presence and inspect only for physical contraband; the contents are not read unless a specific security concern is documented by the Warden.[2]

Publications

Inmates may subscribe to or receive newspapers, magazines, and softcover books only if mailed directly from the publisher, a bookstore, or an established retailer such as Amazon.[1] No used books, third-party forwarding, or packages from individuals are accepted.[1] Hardbound books are generally prohibited unless received directly from the publisher or retailer and approved by the Warden.[1]

Publications may be rejected if they contain sexually explicit material, advocate violence or insurrection, or pose a threat to security.[1] Rejected publications trigger administrative due process under 28 CFR 540.71.[2]

Packages

Most BOP facilities prohibit unsolicited packages.[1] Limited exceptions exist for release clothing, certain medical devices, or religious items approved in advance by the Warden.[1] Quarterly or holiday package programs operate at some low- and minimum-security institutions under local supplements.[1]

Indigent Inmates

Inmates with less than $6.00 in their commissary account for 30 days are considered indigent and receive five first-class stamps per month for general correspondence plus unlimited free postage for legal mail.[1]

Terminology

This section defines key terms used in federal prison mail regulations.[1]

  • General Correspondence refers to all non-privileged postal mail sent to or from an inmate that is not marked as special or legal mail.[1]
  • Special Mail refers to properly marked legal or official correspondence that is opened only in the inmate's presence and inspected for contraband but not read.[2]
  • Publishers-Only Rule is the requirement that books, magazines, and newspapers be received directly from a commercial publisher, bookstore, or retailer rather than from individuals.[1]
  • TRULINCS (Trust Fund Limited Inmate Computer System) is the BOP's electronic messaging system that allows inmates to send and receive emails, which is governed by separate regulations from postal mail.[1]
  • Restricted Correspondence List refers to an approved or disapproved sender list imposed on an inmate as a disciplinary sanction or security measure, limiting who may correspond with the inmate.[1]
  • Indigent Status is designated for inmates with less than $6.00 in their commissary account for 30 consecutive days, entitling them to limited free postage.[1]
  • Contraband refers to any item prohibited by BOP regulations, including drugs, weapons, currency, or materials that threaten security.[1]

See also

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 Federal Bureau of Prisons, "Program Statement 5265.14: Correspondence," April 5, 2011, https://www.bop.gov/policy/progstat/5265_014.pdf.
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Electronic Code of Federal Regulations, "28 CFR Part 540, Subpart B – Correspondence," current as of November 2025, https://www.ecfr.gov/current/title-28/chapter-V/part-540/subpart-B.
  3. 3.0 3.1 3.2 3.3 Federal Register, "70 FR 52192 – Incoming Publications in Prisons," September 2, 2005, https://www.federalregister.gov/documents/2005/09/02/05-17402/incoming-publications-in-prisons.