[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: 28CFR540.71]



[Page 574-576]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE

 

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

 

                     Subpart F_Incoming Publications

 

Sec. 540.71  Procedures.



    (a)(1) At all Bureau institutions, an inmate may receive hardcover 

publications and newspaper only from the publisher, from a book club, or 

from a bookstore.

    (2) At medium security, high security, and administrative 

institutions,



[[Page 575]]



an inmate may receive softcover publications (for example, paperback 

books, newspaper, clippings, magazines, and other similar items) only 

from the publisher, from a book club, or from a bookstore.

    (3) At minimum security and low security institutions, an inmate any 

receive softcover publications (other than newspapers) from any source.

    (4) The Unit Manager may make an exception to the provisions of 

paragraphs (a)(1) and (2) of this section of the publication is no 

longer available from the publisher, book club, or bookstore. The Unit 

Manager shall require that the inmate provide written documentation that 

the publication is no longer available from these sources. The approval 

or disapproval of any request for an exception is to be documented, in 

writing, on an Authorization to Receive a Package form which will be 

used to secure the item.

    (b) The Warden may reject a publication only if it is determined 

detrimental to the security, good order, or discipline of the 

institution or if it might facilitate criminal activity. The Warden may 

not reject a publication solely because its content is religious, 

philosophical, political, social or sexual, or because its content is 

unpopular or repugnant. Publications which may be rejected by a Warden 

include but are not limited to publications which meet one of the 

following criteria:

    (1) It depicts or describes procedures for the construction or use 

of weapons, ammunition, bombs or incendiary devices;

    (2) It depicts, encourages, or describes methods of escape from 

correctional facilities, or contains blueprints, drawings or similar 

descriptions of Bureau of Prisons institutions;

    (3) It depicts or describes procedures for the brewing of alcoholic 

beverages, or the manufacture of drugs;

    (4) It is written in code;

    (5) It depicts, describes or encourages activities which may lead to 

the use of physical violence or group disruption;

    (6) It encourages or instructs in the commission of criminal 

activity;

    (7) It is sexually explicit material which by its nature or content 

poses a threat to the security, good order, or discipline of the 

institution, or facilitates criminal activity.

    (c) The Warden may not establish an excluded list of publications. 

This means the Warden shall review the individual publication prior to 

the rejection of that publication. Rejection of several issues of a 

subscription publication is not sufficient reason to reject the 

subscription publication in its entirety.

    (d) Where a publication is found unacceptable, the Warden shall 

promptly advise the inmate in writing of the decision and the reasons 

for it. The notice must contain reference to the specific article(s) or 

material(s) considered objectionable. The Warden shall permit the inmate 

an opportunity to review this material for purposes of filing an appeal 

under the Administrative Remedy Program unless such review may provide 

the inmate with information of a nature which is deemed to pose a threat 

or detriment to the security, good order or discipline of the 

institution or to encourage or instruct in criminal activity.

    (e) The Warden shall provide the publisher or sender of an 

unacceptable publication a copy of the rejection letter. The Warden 

shall advise the publisher or sender that he may obtain an independent 

review of the rejection by writing to the Regional Director within 20 

days of receipt of the rejection letter. The Warden shall return the 

rejected publication to the publisher or sender of the material unless 

the inmate indicates an intent to file an appeal under the 

Administrative Remedy Program, in which case the Warden shall retain the 

rejected material at the institution for review. In case of appeal, if 

the rejection is sustained, the rejected publication shall be returned 

when appeal or legal use is completed.

    (f) The Warden may set limits locally (for fire, sanitation or 

housekeeping reasons) on the number or volume of publications an inmate 

may receive or retain in his quarters. The Warden may authorize an 

inmate additional storage space for storage of legal materials in 

accordance with the Bureau of Prisons



[[Page 576]]



procedures on personal property of inmates.



[44 FR 38260, June 29, 1979, as amended at 47 FR 55130, Dec. 7, 1982; 50 

FR 411, Jan. 3, 1985; 61 FR 57568, Nov. 6, 1996; 67 FR 77164, Dec. 17, 

2002]