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(1) The facility must have written policies and procedures governing correspondence which must be in accordance with ACA standards. The policies and procedures must include the following:

(a) the facility may routinely screen and refuse mail going to or incoming from another correctional or detention facility unless it is from a member of the youth's immediate family;

(b) the facility may refuse any incoming mail from a youth who was released from any facility, placement, correctional facility and/or program within 30 days prior to the date of the correspondence;

(c) at the youth's request, the facility shall provide postage for the mailing of a maximum of two letters per week;

(d) appropriate stationery, envelopes, and a writing implement must be supplied;

(e) written policy and procedure must specify that youth are permitted to send sealed letters to a specified class of persons and organizations and privileged correspondence including but not limited to courts, counsel, officials of the confining authority, administrators of grievance systems, and members of the releasing authority;

(f) youth have the right to communicate or correspond with persons or organizations subject only to the limitations necessary to maintain facility order and security;

(g) youths' mail, both incoming and outgoing, may be opened and inspected for contraband. Mail may be read, censored, or rejected when based on legitimate facility interest of order and security. The youth must be notified when incoming or outgoing letters are withheld in part or in full;

(h) incoming correspondence may be opened and inspected for cash, checks, or money orders. Receipt of all cash, checks, and money orders sent to youth must be documented and the money retained for the youth in accordance with the written procedures of the facility; and

(i) youth shall not be denied mail rights for disciplinary purposes.

History: 41-5-1802, MCA; IMP, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05; AMD, 2011 MAR p. 570, Eff. 4/15/11.

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