[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR540.19]



[Page 565-566]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE

 

PART 540_CONTACT WITH PERSONS IN THE COMMUNITY--Table of Contents

 

                        Subpart B_Correspondence

 

Sec. 540.19  Legal correspondence.



    (a) Staff shall mark each envelope of incoming legal mail (mail from 

courts or attorneys) to show the date and time of receipt, the date and 

time the letter is delivered to an inmate and opened in the inmate's 

presence, and the name of the staff member who delivered the letter. The 

inmate may be asked to sign as receiving the incoming legal mail. This 

paragraph applies only if the sender has marked the envelope as 

specified in Sec. 540.18.

    (b) The inmate is responsible for advising any attorney that 

correspondence will be handled as special mail only if the envelope is 

marked with the attorney's name and an indication that the person is an 

attorney, and the front of the envelope is marked ``Special Mail--Open 

only in the presence of the inmate''. Legal mail shall be opened in 

accordance with special mail procedures (see Sec. 540.18).

    (c) Grounds for the limitation or denial of an attorney's 

correspondence rights or privileges are stated in part 543, subpart B. 

If such action is taken,



[[Page 566]]



the Warden shall give written notice to the attorney and the inmate 

affected.

    (d) In order to send mail to an attorney's assistant or to a legal 

aid student or assistant, an inmate shall address the mail to the 

attorney or legal aid supervisor, or the legal organization or firm, to 

the attention of the student or assistant.

    (e) Mail to an inmate from an attorney's assistant or legal aid 

student or assistant, in order to be identified and treated by staff as 

special mail, must be properly identified on the envelope as required in 

paragraph (b) of this section, and must be marked on the front of the 

envelope as being mail from the attorney or from the legal aid 

supervisor.