article41-inmate mail indigent inmates requiring a writing

DEPARTMENT OF CORRECTIONS AND REHABILITATION CALIFORNIA MEN'S COLONY OPERATIONS MANUAL SUPPLEMENT

ARTICLE41-INMATE MAIL

October 1, 2014

54010.3 Compliance

The Chief Deputy Warden (CDW), CaliforniaMen's Colony (CMC), has overall responsibilityfor processing of incoming and outgoing inmatemail. Captains over the facilities haveresponsibility for the processing of inter-institutional correspond-dence between inmatesand other divisions as described in CaliforniaCode of Regulations (CCR), Article 4, Mail,Section 3130through 3146.

Captains over the facilities shall supervise thereview of outgoing inmate mail and delivery ofincoming mail and shall regulate the indigentmail that goes out of their facilities. TheCaptainover Central Operations shall supervise theOffice ServicesSupervisorI (OSSI)who shall havegeneral responsibility for the operation of theinmate mail plan. The mailroom supervisorshalldirectly supervisethe mailroom staff.

54010.5 Paper, Envelopes,and StampsforIndigent Inmates

Indigent inmates shall receive their allotment offive envelopes and ten sheets of writing paperfrom the designated third watch officer of theirassigned facility (tier in the case ofAdministrative Segregation Unit [ASU))and shallmail their letters according to directives andconditions outlined below.

1. Indigent inmates requesting writing paperand envelopes shall report to the facilityoffice at a time designated and announcedvia the public address system in eachfacility.

2. The time will correspond to the time used byfacility staff to issue inmatelegal/confidential mail.

3. The time will normally be after completion ofthe evening meal, Monday through Friday.

4. An officer (yard, recreation, search andescort [S&E))will passout a maximum of fiveenvelopes and ten sheets of writing paperfor each qualified inmate per week.

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Indigent inmates requiring a writingimplement shall receive one (1) ink pen fillerfrom their housing unit/tier officer per weekby exchange on a one (1) for one (1) basis.

5. Accounting shall ensure the indigentinmate list is loaded on the server inhousing order by facility by the seventhbusiness day of each month. Wheninmates request indigent supplies such aswriting paper and envelopes, the facilityprogram office shall verify the inmate isindigent (lessthan $1.00in hisaccount) bylooking up hisname and CDCRnumber onthe indigent listprovided on the server.

6. Envelopes being issued will be date-stamped on the back flap with the monthand year (09/14, 12/14,etc.) by the issuingofficer.

7 Indigent inmates receiving envelopes shallcomplete the return address portion of theenvelope with their name and prisonnumber example (Jones, S.K-00001)in thepresence of the issuing officer using aprovided ink pen.

8. Theseenvelopes must be used during themonth issued. Weeks that overlap in twodifferent months shall be dated with thelater month. Outdated envelopes shall beconsidered contraband and confiscatedper procedures.

9. First watch dorm/building officers needonly verify the envelope is being used inthe proper month. Mail from indigentinmates will be bundled separately andforwarded to the mailroom.

10. Improperly used envelopes shall bemarked with a diagonal line across theface of the envelope with the words "Void- outdated envelope" and returned to theinmate.

11. Inmates contesting the denial of theirindigent envelopes and writing paper willdo so to the third watch facility sergeant.

12. After the indigent inmate list is provided tothe ASU Lieutenant, inmates in ASUmayrequest and receive their envelopes and

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writing paper. This is after their indigentstatus isconfirmed by their tier officer.

54010.5.2 Postage for Indigent Inmates forCorrespondence to the Courts andOther Personsas Required

An indigent inmate's mail that isdirected to anystate or federal court or the Attorney General'soffice will be mailed at state expense. Thismailmust be addressed to a specific court.

Envelopes (standard preprinted return addresslegal envelopes and 9 Y2 X 12 Y2 inch manilaclasp) for legal mailings (CCR 3165) andconfidential correspondence (CCR 3141) shallbe provided to indigent inmates from facilityoffice stock.

A completed CDC 193, Trust AccountWithdrawal Request, must be attached to alloutgoing legal mail at the time ofinspection/sealing by staff. Inmates will fill out atrust account withdrawal order and include thecourt's name and address. Mailroom personnelwill be responsible to put the actual mailingdate on the trust account withdrawal order.Trust account withdrawal request slips will beforwarded to the Trustoffice.

NOTE: Nothing in this section is meant to implythat the institution will furnish postage to allpersons afforded "confidential correspondence"privileges under CCR Section 3141. Thisensuresunrestricted access to the courts, and theinmate will be responsible for charges 30 daysfrom the date of mailing.

54010.6 Recipient's Address

All outgoing mail shall be properly addressed. Itmust contain the sender's name, departmentidentification number (CDCR number) and thereturn address designated by the institution forinmate mail (including housing). It shall alsocontain the recipient's name, address, city,state, and zip code. All incoming mail shall beproperly addressed. Appropriately addressedmail shall include the inmate's name, COCRnumber, and the address designated by theinstitution for inmate mail. The receivinginstitution is required to update any mail piecethat does not reflect accurate housing orinstitutional location. Standard mail must be

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addressed to an individual inmate, showing hisname, CDCR number and the address for theapplicable institution. All appropriatelyaddressed mail shall either be delivered to theinmate or forwarded per CCR Subsection3133(f), and Department Operations Manual(DaM) Section 54010.25.

54010.8 Inspection and Reading of Incomingand Outgoing Mail

All outgoing non-confidential mail shall besearched by FirstWatch housing unit staff forcontraband prior to being forwarded to theMailroom for mailing to determine if disalloweditems are enclosed in outgoing mail. FirstWatchhousing unit staff will inspect each envelope fora full and correct return address. If the returnaddress is not complete or accurate, return theletter to the inmate. All non-confidential mailmust be thoroughly searched, removing thecontents, inspecting each page and interior ofthe envelope. All regular non-confidential mailmust be reviewed for the detection ofinformation which poses a danger or threat ofharm to any person(s), public, or which wouldcompromise the security of the institution.

All outgoing mail shall be delivered to themailroom for further processing and is preparedfor delivery to the United States Postal Service(USPS)Office. "Confidential mail" is checked forvalidity prior to mailing. Disapprovedcorrespondence or letters requiring additionalpostage will be returned to the inmate sender.All outgoing first class mail, which includescertified mail, should be in the mailroom no laterthan 10:00 a.m. each working day. Certifiedmail must be received by 10:00a.m. to achievesame day mailing.

Postage must be checked on all outgoing mailand all outgoing mail must be assembled fordispatch to the USPSOffice at 11:00 a.m. to theUSPSBranch Office in San LuisObispo (SLO). Thisprocedure will be observed five days a week.

The CMC-East FacilitiesA/B/C/D, firstwatch S&Eofficers shall deliver all outgoing mail to the EastWatch Office prior to shift's end. A Plaza S&Eofficer will deliver all EastFacility mail to the EastEntrance Building. Mailroom staff will retrievethe mail from the Entrance Building.

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The CMC-West Facilities (E/F/G/M) CentralServices Officer shall deliver all outgoing mailto the West Facility Receiving & Release (R&R)prior to shift's end. The designated staffmember shall pick up the outgoing mail anddeliver it to the mailroom by no later than 9:00a.m. each working day.

Incoming Mail

The 12:00p.m. pickup shall be made from theUSPSBranch Office in SLOby the designatedstaff member, Monday through Friday.

Mail arrives at the institution once daily atapproximately 12:30p.m. Incoming mail shallbe sorted by mailroom staff. Properlyaddressed mail will be separated fromproblem or misaddressed mail. All mail will beopened with the automatic letter openerwhen possible. Properly addressed first classmail will be searched and processed first,problem mail or misaddressed mail will besearched and processed last. Mailroom staffshall identify inmate mail without roomnumbers and locate the inmate's housing viathe Strategic Offender Management System(SOMS). If the inmate has been transferred orparoled, mailroom staff will identify theinmate's location via SOMSas time allows.

Mail with felonious contraband shallimmediately be processed in accordancewith DaM Section 52051.15 Handling ofEvidence. Mail with non-felonious contrabandshall be set aside and dealt with daily at theend of each employee's shift. The dailyamount of mail with contraband willdetermine the time that each employee willrequire at the end of his or her shift forprocessing. Mailroom employees shall be.provided with the tools and acceptablematerials (tape, staples, etc.) to re-sealinmate mail after processing. Thehandling ofmail containing contraband shall not delayother mail processing. Confidential, legal,and other special delivery mail shall beseparated out and handled according to thisplan. It is the expectation that first classmailbe issued to the inmate as soon as possible,but not later than seven working days fromreceipt of the mail from the post office.

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Processing Inmate Mail Bearing theIncorrect Cell/Housing Number

The ThirdWatch Housing Officer shall use SOMSto ascertain the current housing for the inmate(s)in question. Themail will be routed to the facilitywhere the inmate isassigned, rather than routingit back to the Mailroom.

The officer shall annotate the new housingnumber on the envelope(s) and bundle themtogether with rubber band(s). An S&E officershall retrieve the re-routemail from the housingbuildings and deliver them to the appropriatefacility program office. An S&Eofficer from thenew facility shall deliver the mail to theappropriate housing assignment for issuance tothe inmate.

If the inmate cannot be located via SOMS,thefloor/dorm officer shall call Central Control tolocate the inmate. In the event the inmate mailis undeliverable due to out-to-court status orinstitution transfer, the mail shall be returned tothe mailroom for forwarding.

West to East mail will be delivered to the WestAdministration Building facility mailboxes fordistribution. The designated staff member shallbe responsible for delivering mail from the WestFacility to the Mailroom for distribution.

The facility's S&E officer will retrieve the maildaily for distribution to the facility office/dorms/buildings.

Separating InmateMail or Re-route Mail

First watch building staff shall separate andidentify outgoing inmate mail that requiresspecial attention from the mailroom staff.Officers shall separate and bundle mail in thefollowing categories: Legal, Regular. Indigent,Certified, Foreign, and mail to be re-routed outof the institution.

Each of the EastFacilitiesshall send an officer tothe mailroom each day at 1400hours to pick upthat day's mail and drop off the mail that hascome from the facilities to the mailroom. Eachofficer shall then pick up the staff and inmateconfidential mail from the facility's mail box andthe bags of mail for inmates housed within thefacility. West Facilities staff mail and inmate

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DEPARTMENT OF CORRECfIONS AND REHABILITATION CALIFORNIA MEN'S COLONY OPERATIONS MANUAL SUPPLEMENT

regular and confidential mail shall be processedand sorted according to facility/office. Thedesignated staff member will pick up anddeliver the incoming mail to the West Facilitiesprior to 1400hourseach working day.

Regular mail shall be given to the appropriatebuilding/dorm officer who shall distribute it. Forindividuals who are double bunked or housed ina dorm. this mail shall not be placed on theinmate's bunk if he is not present. Mail that isaddressed to an inmate who is housed in adouble bunk cell or dorm shall be delivered tothe inmate personally upon presentation ofproper identification.

Mail that is not delivered because the inmate is. not readily available will be locked in a securearea until such time as personal delivery can bemade. It is suggested that a list of the mailbeing held be posted in the foyer area of eachfloor/unit after the regular mail distribution hasbeen completed each day.

Institutional written communication forwardedto inmates; l.e., counseling chronos.classification chronos, time calculations, purgedcentral file material, etc., should be placed in aU-Save 'Em envelope or an envelope ofappropriate sizeor secured in such a way thatprivacy isprovided.

The only exception to this policy is newspapersaddressed to an inmate. Thesemay be placedon the bed of the inmate to whom it isaddressed. Newspapers must be mailed fromvendors.

Mail Delivery

After each delivery, mail for inmates and otheritems for mailroom attention shall be separatedfor processing. Mail for staff members shall befurther sorted and placed in assigned boxes forpick-up by employees. Staff mailboxes arelocated in the EastWatch Office and the WestAdministration Building.

Any community mail delivered to the institutionby error shall be returned promptly andunopened to the USPSBranch Office in SLO. If,in this process, unusual contraband isfound, themail and the contraband shall be brought tothe immediate attention of the nearest postal

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inspector. Otherwise, contraband discoveredwill be referred to the Investigative ServicesUnit(ISU)for processing and follow-up action.

The staff member in charge of each facility oroffice shall be responsible for designatingemployees to pick up the facility's mail at themailroom and for delivery of outgoing mail tothe mailroom.

54010.8.1 Items Enclosed In Incoming First-Class Mail

Items not allowed in mail addressed to aninmate:

Disallowed mail is any mail intending to incitemurder, arson, a riot, or any form of violence orphysical harm to any person, or any ethnic,gender, racial. religious. or other group. Threatsof blackmail or extortion. plans to escape orassist in an escape. coded messages,description of a destructive device, informationon how to sabotage or disrupt computers.communications, or electronic equipment.maps, gambling or lottery information orparaphernalia or obscene material as defined in54010.15.

No laminated. hard plastic or heavy cardboard.No tracing paper, No cardstock.

Photographs that represent and/or promotestreet or prison gang activity. No Polaroidphotos, no negatives and no frontal nudity.

Homemade cards, decorative stickers, glued,taped, covered in plastic or glitter.

Musical insertsthat are incorporated into cards,CDsor DVDsin magazines

Collector cards (baseball, basketball, gamingcards etc.). no lottery tickets, no ink pens. nopencils. No postersover 8 inches by 10inches.

No credit cards, phone calling cards, coloredpencils. no Christmasdecorations. no toys. Noclubs: (book, tape, stamp etc.)

Decorative stickers are not allowed onenvelopes or enclosures nor are homemadecards, posters with glue or covered with plastic

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or tape, Lipstick impressions or human/animalhair, substances, or fluids.

CD's, DVD's, diskettes and cassette tapes maynot be received through the mail. All CD's andtapes are to be obtained through the quarterlypackage process.

Letters and/or messages from other inmates orparolees may not be sent through a third party.

Inmates shall not receive third party mail that isutilized in conducting private enterprise outsidethe facility.

Bulk packages of third party mail will beprocessed provided the mail is appropriatelyaddressed to individual inmates and complieswith policy.

Any material, supplies, items, commodities orsubstances deemed contraband pursuant toCCRSection 3006.

Any time a piece of mail is received for aninmate, or an inmate attempts to mail out anypiece of mail that cannot be delivered for anyreason cited herein, or in the CCR, pertaining tomail, disposition shall be made as detailed inCCRSection 3133.

Any unacceptable mail received by theInstitution will be notated on a CDCR Form 1819,Notification of Disapproval Mail, Publications,Packages. The Inmate to whom the mail wasaddressed shall be notified pursuant to CCRSection 3136 that the correspondence wasdeemed disapproved pursuant to CCRSections3006or 3135.

Mail sent in a padded, laminated, or othersimilar envelope, which cannot be searchedadequately without being destroyed, shall beremoved and placed in a labeled paper bagand delivered to the inmate. Any contentswhich are laminated, padded, or otherwiseunsearchable will be refused, and subject to theNotification of Disapproved Mail or Publication(NDMP)process.

Membership and Identification Cards - Inmatesshall not be permitted to keep membershipcards in civic, social, benevolent andprofessional organizations. Identification cards

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and papers, driver's licenses, Social Securitycards and any items that could be useful inevent of escape shall be sent at the inmate'sexpense to an address of hischoice.

54010.11 Certified Mail

Certified mail provides essentially the sameservice as registered mail in that the inmate mayobtain a receipt for mail, and thisservice can beprovided if the inmate has the funds to pay for it.A CDC-193, TrustWithdrawal Order Form, shallbe placed on the piece of mail with the words"Certified Mail" written on it and an indication asto whether or not the inmate requires a returnreceipt. The envelope can then be placed ineither the regular or the confidential mail.

The mailroom staff shall check for funds, log themail in the Certified Mail Computer Programand send a receipt to the sender if requested.The return receipt shall be checked in the bookand sent to the inmate upon its arrival at theinstitution. No special services such ascertification or restricted delivery can beprovided free.

All incoming certified mail and overnightregistered mail shall be logged in the MailComputer Program. Unless designated"addressee only," the certified mail receipt willbe signed by mailroom staff and returned.

54010.11.1 RegisteredMail

Inmate mail cannot be registered nor sentexpress (overnight) when it leaves the institution,with the exception of pre-paid legalcorrespondence that is sent in for return mail byattorney(s). Only the USPScan provide theseservices. Both registered and express mail cancome into the institution. Incoming priority (twoday) mail sent by USPSindicates point ofdestination - receipt at CMC. Upon arrival ofthat mail, distribution will be processed in normalfashion.

54010.12.2 ProcessingOutgoing ConfidentialMail

"Confidential mail", as all other mail, must bearsufficient postage to be accepted by the USPS.It shall be the responsibility of the sender toprovide sufficient postage. The use of trust

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account withdrawal forms, as a means ofpaying postage, must be reserved for heavymail for which the sender cannot estimate thecorrect postage.

54010.12.3 Processing Incoming ConfidentialMail

Distribution Procedures

Confidential correspondence is a rightguaranteed by law. The misuseof confidentialcorrespondence items, or the smuggling ofletters and other communications to beforwarded to persons not listed is an abuse ofthis right and such proven abuse may be subjectto diSciplinary action as described in CCRSections3314and 3315.

The facility officer who picks up the mail shallgive all "confidential" mail to the facilitylieutenant or designee who shall open it in frontof the inmate addressee in accordance withCCRSections 3133,3143,3144and 3145. It shallbe searched for physical contraband, not read,and given to the inmate.

Inmates shall sign for all confidential mail at thetime of delivery. Thisshall be accomplished byuse of the Facility Legal Mail Log Sheet. TheLegal Mail Log Sheet shall record the date ofdelivery, the inmates name and departmentalidentification number, and the senders nameand address.

Any funds enclosed shall be returned to themailroom with the envelope for crediting to theinmate's account. Inmates are not to signchecks, bonds, and money orders or any otherform of money in the facility. Questionsregarding the signing of checks will be referredto the mailroom supervisor.

If the individual handling the confidential legalmail discovers it is not confidential or legal, itneeds to be returned to the mailroom for properhandling.

If unauthorized material or misrepresentation ofsender or addressee is found, the letter andcontents may be closely examined to determineappropriate action. If deemed anadministrative violation only. the sender will benotified via letter of his/her misuse of the

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confidential mail privilege and warned thatfuture violations may result in administrativesanctions.

When prohibited material or misrepresentationof identity indicates a violation of the law orintent to violate the law, the matter will bereferred to the appropriate criminal authoritiesfor possible prosecution. Any case referred tocriminal authorities shall be reported to theDirector. When a case is referred to criminalauthorities and the determination ismade not toprosecute, the fact of the referral, and thedetermination made, shall be reported to theinmate and to the inmate's correspondent. TheDirector shall be informed of the outcome of allreferralsto criminal authorities.

54010.16 Notification to Inmates of Disapproval-Mail/Packages/ Publications andDisposition of Undelivered Mail

The OSSIshall be responsible initially for thereview of any publications which appear toviolate CCR TItle 15 and/or DOM. Anypublication deemed questionable shall beforwarded to either the Central OperationsCaptain who may approve/deny same or referit to the Associate Warden for further review.The Central Operations Captain and/orAssociate Warden shall examine thepublication, compare it with applicableexclusionary criteria and make his/her decisionon these criteria exclusively. The criteria setforth in PCSection 2601(d) and in CCRSections3006 (c) and 3136 are the authorities fordisapproval of correspondence.

A notice to the publisher shall be sent when aninstitution disapproves a publication [See CCR,Title15.Section 3134.1(d).J

54010.18 FundsEnclosed in Correspondence

Any monies not removed from the envelope bymailroom staff shall be returned to the mailroomby appropriate staff. Inmates will return moniesto the sergeant in the facility office.

Thesergeant will log monies being returned intothe Sergeant's Watch Log. ThirdWatch staff willbring monies and the envelope it came in (onthe mail run) to the mailroom supervisor. Themailroom supervisor shall send a receipt to the

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inmate for monies received and forward thefunds to the TrustOffice.

54010.20 Inmate Manuscripts

TheCaptain over the originating inmate's facilityscreens all manuscripts. Manuscripts will bereviewed to determine compliance with CCRSections 3151-3153. The manuscript will beforwarded to the mailroom supervisor formailing. A written approval statement from theCaptain over the inmate's facility willaccompany the manuscript to the mailroom.The mailroom supervisor will notify the inmateand Captain of the date of mailing. Anymanuscript deemed improper for mailing shallbe referred to the Associate Warden, CentralOperations, for disposition.

54010.21.2 Processing/Inspection of IncomingBooks

All books shall be opened and searched in themailroom prior to being forwarded to CMC R&Rfor issuance to the inmate. R&Rstaff will utilizethe Rapid Scan X Ray Machine when inspectinglarge or bulky books or other correspondences.

Books may be ordered through specialpurchase or sent directly from a publisher,bookstore, or book distributor that conducts mailorder business. (Books, periodlcols. or otherpublications that are mailed from a religiousorganization are considered as coming from anauthorized vendor). All educational materialscombining books, compact disks or cassettetapes must be received directly from apublisher, bookstore, or book distributor thatdoes mail order business. All materials must bepaid for before they arrive at CMC. Books thatillustrate a component of a game shall beordered through special purchase. All literaturemust be searched. Educational books will belogged and sign for by the EducationDepartment.

There is a combined limit of ten books andmagazines an inmate may have in hiscontrol atanyone time. Possessionof legal materials anddocuments is subject to the cell spacelimitations set forth in CCR, Title 15,Section 3161.Inmates are limited to receiving two used booksper calendar month.

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Inmates may also have a reasonable (sevenissues)number of newspapers at anyone time.

54010.22.1 Processfor Approval/Denial ofCorrespondence Requests

Inmates may initiate requests to correspond withInmates/Parolees/Probationers by sending anInmate Request for Interview Form to theirCorrectional Counselor I (CCI).

An inmate transferring to CMC who isauthorizedto correspond with another CDCR inmate orparolee is responsible for notifying his CCI of theapproval so the CCI can retrieve the approvalfrom the inmate Is electronic Central Filein SOMSand notify mailroom staff of thecorrespondence approval.

54010.26 Forwarding Mail

Temporary Absence - When it isanticipated thatan inmate will return to CMC within one week,mail shall be kept at the institution for him.Newspapers shall not be held for more than 72hours except when the absence is caused byinmate's participation in an outside programthat benefits the community, the Department orthe institution.

Inmates housed in off-site hospitals will receivemail. Mailroom staff will collect all mailaddressed to inmates housed at an off-sitehospital and place it in a mailbag. Adesignated third watch transportation officer willpick-up the mail on Tuesdaysand Thursdaysandpersonally deliver it to the inmates.

The transportation officer will pick-up alloutgoing mail from the inmates and return it tothe mailroom. All inmates housed in the off-sitehospital will be provided with a pen filler, paper,envelopes, and postage for up to five one-ounce letters (five envelopes and ten pieces ofpaper) per week upon request. Thetransportation officer will process these requests.

If any inmate housed in an off-site hospitalreceives legal mail, the transportation officer willbe responsible for ensuring that the inmate signsthe appropriate log verifying receipt.

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DEPARTMENT OF CORRECfIONS AND REHABILITATION CALIFORNIA MEN'S COLONY

Address Unknown - Mail shall be returned to thesender if it is not possible to forward it, l.e.. whendischarged inmates do not leave an address oran escape occurs. Every resource forforwarding mail shall be used before return ismade.

Change of Address - Cards for notifyingcorrespondents of a new address are availableat R&R. The inmate is responsible for leaving aforwarding address when he leaves theDepartment's jurisdiction and for notifying hiscorrespondents of his new address. All mail willbe forwarded to hisparole office. CMC will notapply new postage in forwarding.

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OPERATIONS MANUAL SUPPLEMENT

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article41-inmate mail indigent inmates requiring a writing

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