[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: 28CFR540.2]



[Page 560-561]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE

 

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

 

                            Subpart A_General

 

Sec. 540.2  Definitions.









                            Subpart A_General



Sec.

540.2 Definitions.



                        Subpart B_Correspondence



540.10 Purpose and scope.

540.11 Mail depositories.

540.12 Controls and procedures.

540.13 Notification of rejections.

540.14 General correspondence.

540.15 Restricted general correspondence.

540.16 Inmate correspondence while in segregation and holdover status.

540.17 Correspondence between confined inmates.

540.18 Special mail.

540.19 Legal correspondence.

540.20 Inmate correspondence with representatives of the news media.

540.21 Payment of postage.

540.22 Special postal services.

540.23 Inmate funds received through the mails.

540.24 Returned mail.

540.25 Change of address and forwarding of mail for inmates.



Subpart C [Reserved]



                     Subpart D_Visiting Regulations



540.40 Purpose and scope.

540.41 Visiting facilities.

540.42 Visiting times.

540.43 Frequency of visits and number of visitors.

540.44 Regular visitors.

540.45 Qualification as special visitor.

540.46 Attorney visits.

540.47 Media visits.

540.48 [Reserved]

540.49 Transportation assistance.

540.50 Visits to inmates not in regular population status.

540.51 Procedures.

540.52 Penalty for violation of visiting regulations.



                    Subpart E_Contact With News Media



540.60 Purpose and scope.

540.61 Authorization.

540.62 Institutional visits.

540.63 Personal interviews.

540.64 Press pools.

540.65 Release of information.



                     Subpart F_Incoming Publications



540.70 Purpose and scope.

540.71 Procedures.

540.72 Statutory restrictions requiring return of commercially published 

          information or material which is sexually explicit or features 

          nudity.



Subparts G-H [Reserved]



               Subpart I_Telephone Regulations for Inmates



540.100 Purpose and scope.

540.101 Procedures.

540.102 Monitoring of inmate telephone calls.

540.103 Inmate telephone calls to attorneys.

540.104 Responsibility for inmate misuse of telephones.

540.105 Expenses of inmate telephone use.



    Authority: 5 U.S.C. 301, 551, 552A, 18 U.S.C. 1791, 3621, 3622, 

3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed 

on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as 

to offenses committed after that date), 5039; 28 U.S.C. 509.





    Source: 50 FR 40108, Oct. 1, 1985, unless otherwise noted.





    (a) General correspondence means incoming or outgoing correspondence 

other than special mail. General correspondence includes packages sent 

through the mail.

    (1) Open general correspondence means general correspondence which 

is not limited to a list of authorized correspondents, except as 

provided in Sec. 540.17.

    (2) Restricted general correspondence means general correspondence 

which is limited to a list of authorized correspondents.

    (b) Representatives of the news media means persons whose principal 

employment is to gather or report news for:

    (1) A newspaper which qualifies as a general circulation newspaper 

in the community in which it is published. A newspaper is one of 

``general circulation'' if it circulates among the general



[[Page 561]]



public and if it publishes news of a general character of general 

interest to the public such as news of political, religious, commercial, 

or social affairs. A key test to determine whether a newspaper qualifies 

as a ``general circulation'' newspaper is to determine whether the paper 

qualifies for the purpose of publishing legal notices in the community 

in which it is located or the area to which it distributes;

    (2) A news magazine which has a national circulation and is sold by 

newsstands and by mail subscription to the general public;

    (3) A national or international news service; or

    (4) A radio or television news program, whose primary purpose is to 

report the news, of a station holding a Federal Communications 

Commission license.

    (c) Special mail means correspondence sent to the following: 

President and Vice President of the United States, the U.S. Department 

of Justice (including the Bureau of Prisons), U.S. Attorneys Offices, 

Surgeon General, U.S. Public Health Service, Secretary of the Army, 

Navy, or Air Force, U.S. Courts (including U.S. Probation Officers), 

Members of the U.S. Congress, Embassies and Consulates, Governors, State 

Attorneys General, Prosecuting Attorneys, Directors of State Departments 

of Corrections, State Parole Commissioners, State Legislators, State 

Courts, State Probation Officers, other Federal and State law 

enforcement offices, attorneys, and representatives of the news media.



Special mail also includes correspondence received from the following: 

President and Vice President of the United States, attorneys, Members of 

the U.S. Congress, Embassies and Consulates, the U.S. Department of 

Justice (excluding the Bureau of Prisons but including U.S. Attorneys), 

other Federal law enforcement officers, State Attorneys General, 

Prosecuting Attorneys, Governors, U.S. Courts (including U.S. Probation 

Officers), and State Courts. For incoming correspondence to be processed 

under the special mail procedures (see Sec. Sec. 540.18--540.19), the 

sender must be adequately identified on the envelope, and the front of 

the envelope must be marked ``Special Mail--Open only in the presence of 

the inmate''.