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 11-11-2-1have 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 anylanguage, an unlimited amount of correspondence to or from anyperson, except as provided by subsection (b).
    (b) The department may require prior approval of correspondencebetween a confined person and another person if the other person ison 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 UnitedStates, or any state.
    (c) If the department determines that the correspondence referredto under subsection (b) is in the best interest of both the confinedperson and the facility involved, such correspondence shall bepermitted.
    (d) When the department has prohibited correspondence referredto under subsection (b) it shall follow the procedure for notificationand availability of the grievance procedure as provided in sections4(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Repealed
    (Repealed by P.L.145-1995, SEC.2.)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 correspondencesent to or from a confined person unless it is clearly marked ascorrespondence that is privileged under state or federal law. Thedepartment may not disclose the contents of the correspondence toanother person unless:
        (1) the department has reasonable grounds to believe that thecorrespondence:
            (A) poses an immediate danger to the safety of an individualor 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 prohibitedproperty;
        (3) the confined person has been:
            (A) convicted of a crime that involved the use ofcorrespondence to engage in an illegal activity; or
            (B) found guilty after a hearing conducted by the departmentof using correspondence to commit misconduct;
        (4) the department receives a written request from a supervisingauthority of any federal or state law enforcement agency statingthat the agency has reasonable grounds to believe that a crimeis being committed or has been committed by the confinedperson and that the department should monitor the confinedperson's correspondence; or
        (5) the department has reasonable grounds to believe that thecorrespondence may pose a threat to national security.
    (b) The department may open correspondence that is sent to orfrom a confined person to inspect for and remove contraband orprohibited property and to permit removal of funds for crediting tothe confined person's account. The correspondence may not be read,censored, copied, or otherwise interfered with in regard to its promptdelivery unless it is not clearly marked as correspondence that isprivileged by other law and:
        (1) the department has reasonable grounds to believe that thecorrespondence:
            (A) poses an immediate danger to the safety of an individualor 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 prohibitedproperty;
        (3) the confined person has been:
            (A) convicted of a crime that involved the use ofcorrespondence to engage in an illegal activity; or
            (B) found guilty after a hearing conducted by the departmentof using correspondence to commit misconduct;
        (4) the department receives a written request from a supervisingauthority of any federal or state law enforcement agency statingthat the agency has reasonable grounds to believe that a crimeis being committed or has been committed by the confinedperson and that the department should monitor the confinedperson's correspondence; or
        (5) the department has reasonable grounds to believe that thecorrespondence may pose a threat to national security.
    (c) The department may adopt procedures to inspectcorrespondence to or from an offender to determine whether thecorrespondence contains contraband or prohibited property undersubsection (a) or (b). The department shall inform the offenderwhenever the department removes the offender's funds undersubsection (b), including the dollar amount.    (d) For purposes of this section, disagreement with the sender's orreceiver's apparent moral, political, ethical, ethnic, or religious valuesor attitudes, veracity, or choice of words may not be used as a reasonfor censoring, copying, delaying, or disallowing the delivery of apersonal communication.
    (e) This subsection does not apply to correspondence describedunder subsection (a)(4), (a)(5), (b)(4), or (b)(5). If the departmentdelays, censors, copies, or withholds correspondence, it shallpromptly notify the person. The notice must be in writing and specifythe reason for the action, the name of the sender, the date of anypostmark, the date the correspondence was received or deposited atthe facility or program, the proposed disposition to be made of thecorrespondence, the name of the person who made the decision, andthe fact that the department's action may be challenged through thegrievance procedure.
    (f) The department shall maintain a record of each decision towithhold, copy, delay, or otherwise interfere with the prompttransmission of correspondence. This record must indicate theinformation set forth in the notice prescribed in subsection (e). Thedepartment shall establish policies to ensure that the contents of anymonitored correspondence shall be shared only with necessarydepartment staff. However, if the department believes that anycorrespondence contains evidence of criminal activity, thatcorrespondence, or a copy, may be shared with appropriate federalor 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, withoutcost, a reasonable amount of stationery, envelopes, and postage fortransmission of correspondence, and shall make available forpurchase 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 printedmatter on any subject, from any source. However, unless a confinedperson or the sender receives prior approval from the superintendentfor the confined person to receive a book, magazine, newspaper, orother periodical from another source, a confined person may receivea book, magazine, newspaper, or other periodical only if it is mailedto the confined person directly from the publisher, the distributor, oran accredited postsecondary educational institution. The departmentmay inspect all printed matter and exclude any material that iscontraband or prohibited property. However, in the case of aconfined adult, the department may not exclude printed matter on the

grounds it is obscene or pornographic unless it is obscene underIndiana law. A periodical may be excluded only on an issue by issuebasis. Printed matter obtained at cost to the confined person must beprepaid.
    (b) If the department withholds printed matter, it must promptlynotify the confined person. The notice must be in writing and includethe title of the matter, the date the matter was received at the facilityor program, the name of the person who made the decision, whetherthe matter is objectionable in whole or in part, the reason for thedecision, and the fact that the department's action may be challengedthrough 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 offunds, contraband, or prohibited property
    Sec. 7. The department may open all incoming and outgoingpackages to inspect for and remove funds, contraband, or prohibitedproperty. If the department removes contraband or prohibitedproperty, it must notify the confined person of the removal. Thenotice must be in writing and include a description of the property,the date it was received at the facility or program, the name of theperson who made the decision, the reason for the action, and the factthat the action may be challenged through the grievance procedure.A confined person must be informed in writing of the removal offunds, 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 reasonabletimes. The department may, for the purpose of maintaining thesecurity of its facilities and programs, the safety of individuals, andadministrative manageability, place reasonable restrictions on visitsconsistent with the following:
        (1) Visits may be conducted in areas where a confined personand his visitors are not physically separated and that allow foras much informality and privacy as possible. Contact visits maybe denied for a confined person who is assigned to a maximumsecurity unit.
        (2) Any restrictions regarding visiting times, the number ofvisitors a person may receive on a particular occasion or duringa designated period of time, or the duration of a particular visitmust take into account the accessibility of the facility orprogram to the visiting public, including sources of publictransportation to or from the facility or program, and thedistance a potential visitor must travel to visit with an offender.
        (3) Any restrictions imposed on visitation under this sectionmust be communicated to the confined person and be made

accessible to the visiting public.
        (4) The department may not impose restrictions on visitationthat obstruct the availability of adequate legal representation,although an attorney or his agent may be required to visit duringnormal departmental working hours or at other reasonabletimes.
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 confinedperson, or the visit may be restricted to an extent greater thanallowed under section 8 of this chapter, if the department hasreasonable grounds to believe that the visit would threaten thesecurity 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 beconsidered a sex offense under IC 35-42-4 if committed byan 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 aconfined person and another person under this section, it shall notifythe confined person of that prohibition or restriction. The notice mustbe in writing and include the reason for the action, the name of theperson who made the decision, and the fact that the action may bechallenged through the grievance procedure.
    (d) The department shall establish written guidelines forimplementing 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.