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Urbaniak Nc Censorship Doc Mail Policy 2010

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State of North Carolina
Department of Correction
Division of Prisons
POLICY & PROCEDURES

Chapter:
Section:
Title:
Issue Date:
Supersedes:

D
.0100
Publications Received/
Possessed by Inmates
03/22/10
04/10/06

.0101 INMATE PUBLICATION PRIVILEGES
Upon initial assignment to a Division of Prisons facility, each inmate should be informed of the
following:
(a)

An inmate in medium or close custody may receive a reasonable number of hard back and
paperback books, newspapers, magazines, newsletters and vendor catalogs directly from the
publisher, except that inmates assigned to H-Con, M-Con, I Con, or Disciplinary Segregation
may not possess hardback or spiral-bound publications because of the potential for such
publications to be used as weapons. Publisher is defined to include legitimate wholesale
marketers and distribution centers for published materials. The term publisher also includes
established retailers (Barnes & Noble, Borders, etc.) if selling published material is part of
their business. The amount or volume of permitted materials which any inmate may
maintain at any given time may be limited as necessary for security, sanitation and safety
considerations, including the potential for blocking access to the cell and the creation of a
fire hazard.

(b)

An inmate in minimum custody may receive publications from any source, subject to a
routine search for contraband.

(c)

Inmates ordering publications must forward their payment for subscriptions or individual
publications with their order; inmates shall not receive publications of any kind on a trial
basis with payment postponed.

(d)

Inmates may exchange newspapers, magazines, books newsletters and vendor catalogs. Any
attempt to use this means to exchange contraband or to use publications as an item of barter
shall subject the offender to appropriate disciplinary action.

(e)

The processing of an inmate’s request for a money order to pay for a subscription does not
include a blanket approval for each issue/edition of the publication. Each publication is
subject to review in accordance with this policy.

(f)

When a portion of a publication is disapproved, the entire publication will be disapproved.
There will be no attempt to remove or censor the disapproved material.

(g)

Publications that include a CD/DVD(s) shall be approved, if the publication meets all other
requirements of the policy. However, the CD/DVD must be removed and destroyed prior to
delivery to the inmate.

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.0102 FACILITY REVIEW: ADMINISTRATIVE PROCEDURES
(a)

Mailroom staff may perform the initial screening of incoming publications for compliance
with this procedure. The publication will then be forwarded to Warden/Superintendent or
Deputy/Assistant Superintendent for the purpose of disapproving receipt or possession of a
publication by an inmate.

(b)

The Warden/Superintendent or Deputy/Assistant Superintendent of each facility should
approve or disapprove publications for receipt or possession by inmates on a case-by-case
and/or an issue-by-issue basis in accordance with the requirements of this policy. Individual
review of each issue or edition of a publication prior to rejection is required. Rejection of
several issues of a subscription publication is not sufficient reason to reject the subscription
publication in perpetuity.

(c)

The Warden/Superintendent or Deputy/Assistant Superintendent of each facility is
responsible for reviewing and for submitting disapproved publications and the completed
Disapproved Publication Log (see Attachment #1), to the chairperson of the Publications
Review Committee once each week. Only one copy of each publication or issue should be
submitted. Duplicate copies should be held at the facility pending final action by the
Publication Review Committee.

.0103

FACILITY REVIEW: PUBLICATION APPROVAL/DISAPPROVAL

All publications received at the facility should be reviewed prior to distribution to an inmate. A
determination should be made to approve or disapprove the publication in accordance with the
criteria listed in D.0109. When a publication is disapproved, the Warden/Superintendent or
Deputy/Assistant Superintendent takes the following action:
(a)

The Master List of Disapproved Publications available on OPUS shall be reviewed for
any publications already disapproved by the Publication Review Committee. The Master
List shall contain only publications disapproved during the previous twelve (12) months.
When a publication addressed to an inmate appears on the Master List, the inmate shall
be informed (by Attachment #2) that the publication is disapproved based on a previous
disapproval by the Publication Review Committee. If the publication is on the Master
List, there are no further appeal rights and the inmate may elect to have the publication
forwarded at the inmate’s expense to another address, or else the publication will be
destroyed. If a publication is disapproved based on the Master List, Attachment #2 shall
be completed and delivered to the inmate within seven (7) working days of the facility’s
receipt of the publication. If the Warden/Superintendent or Deputy/Assistant
Superintendent disapproves a publication that is not on the Master List, the following
paragraphs (b) through (i) apply.

(b)

The Warden/Superintendent or Deputy/Assistant Superintendent shall make a complete
written record of the reason(s) for disapproving the publication on the Disapproved
Publications Log using Attachment #1, including specific page numbers, a notation

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describing the disapproved material, and the applicable section in D.0109. Only the specific
page or pages justifying the reason or reasons for disapproval should be listed. A single page
that contains disapproved material is sufficient to disapprove the entire publication, but more
than one page that contains disapproved material may, in the discretion of the reviewer, be
listed if the disapproved material on each listed page is described separately. Citations to
ranges of pages (for example, “pages 35 through 45”) that do not describe separately the
disapproved material on each page in the range are not acceptable. Descriptions and
justifications should be specific enough to enable the Publication Review Committee (if there
is an appeal) to turn to each listed page and immediately identify which words or images
were disapproved and why.
(c)

Within seven (7) working days of the arrival of the publication at the facility, the inmate is
written using the attached form stating the reason(s) for the disapproval and the appeal
options. (See Attachment #3). The inmate shall be given a copy of the completed Attachment
#3.

(d)

The inmate should choose one of the following options on the disposition of the publication.
If the inmate refuses to sign the form or select an option, a notation is made on the
Disapproved Publications Log and the publication is forwarded to the Publication Review
Committee along with the Disapproval and Appeal/Waiver Form.
(1)

Appeal the decision of the Warden/Superintendent or Deputy/Assistant Superintendent
to the Publication Review Committee for final review and approval or disapproval,
with the later ability to send the publication to an alternate address, specified by the
inmate and at the inmate’s expense if personal funds are available, if the publication is
disapproved by the Publication Review Committee.

(2)

Forward the publication to an alternate address specified by the inmate and at the
inmate’s own expense if personal funds are available and agree to waive the appeal to
the Publication Review Committee, or

(3)

Agree to waive the appeal to the Publication Review Committee and agree to have the
publication destroyed.

(e)

When an inmate elects to appeal the decision of the Warden/Superintendent or
Deputy/Assistant Superintendent to the Publication Review Committee, the
Warden/Superintendent or Deputy/Assistant Superintendent forwards to the Publication
Review Committee the completed Disapproved Publication Log, the actual publication and
the inmate’s signed statement of appeal.

(f)

When an inmate elects to forward the publication to an alternate address of his or her
choosing, the Warden/Superintendent or Deputy/Assistant Superintendent forwards the
publication to the new address and forwards to the Publication Review Committee the
inmate’s signed waiver of appeal and the Disapproved Publication Log with the disposition

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of the publication noted as “publication forwarded by inmate to new address”.
(g)

When an inmate elects to waive the appeal to the Publication Review Committee and agrees
to have the publication destroyed, the Warden/Superintendent or Deputy/Assistant
Superintendent forwards to the Publication Review Committee the completed Disapproved
Publication Log and the inmate’s signed waiver of appeal.

(h)

When an inmate elects to appeal the decision of the Warden/Superintendent or
Deputy/Assistant Superintendent to the Publication Review Committee, with the
option/ability to send the publication to an alternate address if the publication is disapproved,
the Warden/Superintendent or Deputy/Assistant Superintendent forwards to the Publication
Review Committee the completed Disapproved Publication Log, the actual Publication and
the Inmate’s signed statement of appeal. The inmate can only forward the publication to the
alternate address AFTER it is returned disapproved from the Publication Review Committee.

(i)

Only one copy of each withheld publication or issue should be submitted. Duplicate copies
should be held at the facility pending final action by the Publication Review Committee.

.0104

PUBLICATION REVIEW COMMITTEE

The Publication Review Committee will consist of two (2) members and one (1) chairperson who are
appointed by the Director of Prisons or his designee. Each member will conduct independent
reviews of disapproved publications and materials which have been received. The chairperson is the
final approving authority when the committee members do not agree. The chairperson also has the
authority to overrule the committee, with consultation from the Chief of Program Services, when the
decision of the committee is not consistent with policy. Members of the Publication Review
Committee will meet once a quarter with the Chief of Program Services to review, revise, and
discuss the process and ensure compliance with the policy.
.0105

PUBLICATION REVIEW COMMITTEE PROCEDURES

(a)

The Master List of Disapproved Publications available in OPUS should be reviewed for
any publications previously disapproved by the Publication Review Committee. When a
publication is listed as disapproved, the publication will be returned to the
Warden/Superintendent or Deputy/Assistant Superintendent. (See Attachment # 6) The
Chairperson of the Publication Review Committee will notify the inmate of this decision
according to policy and inform the inmate of options for disposing of the material. (See
Attachment #4).

(b)

The Committee should review all publication denials to ensure division-wide consistency for
those publications disapproved for receipt or possession by inmates.

(c)

The Committee should make a determination as to whether each publication reviewed should
or should not be disapproved in accordance with the criteria in this policy. The Committee

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should consult as needed with staff who have expertise in matters of religious publications,
security threat groups or other areas as necessary.
(d)

Within seven (7) working days of receipt of a publication, the Publication Review
Committee should complete its review of the publication. The Committee should return the
approved publication(s) to the facility from which they were received and notify the
Warden/Superintendent or Deputy/Assistant Superintendent of its decision. All disapproved
publications are held by the committee pending notification of the publisher and the
publisher’s response. Upon completion of the publisher appeal process, all disapproved
publications held by the Publication Review Committee are returned to the facility and are
handled like any other personal property that the inmate is not entitled to have in his or her
possession as set forth in the policy on Disposition of Unauthorized Property, F.0504 (a) &
(b). All attempts should be made to ensure that the inmate receives a response to the appeal
within forty-five (45) days of the date the inmate files the appeal.

(e)

The chairperson of the Committee records the decisions of the Committee on the Master List
of Disapproved Publications in OPUS. The Master List of Disapproved Publications lists
those volumes, issues or editions of a publication that are disapproved. The Master List of
Disapproved Publications does not ban the publication title but only those volumes, issues or
editions that have been reviewed and rejected for receipt or possession by inmates.

(f)

The Committee shall include as an addendum to the Master List of Disapproved Publication
a list of the names of publishers (if any) whose publications were disapproved within the past
12 months because the Committee could not determine that they are legitimate publishers
and/or because their publications were found to contain contraband.

.0106 NOTIFICATION TO INMATES OF PUBLICATION REVIEW COMMITTEE
DECISIONS
(a)

The Master List of Disapproved Publications and The Master List of Disapproved Publishers
are available in OPUS to all facilities. The Warden/Superintendent or Deputy/Assistant
Superintendent will ensure appropriate facility staff are aware of the list and how to access it
through OPUS and will make a copy available for inmate review through the library or other
areas accessible to inmates. The list will be updated no less often than every thirty (30) days.
In addition, the Publication Review Committee may, from time to time, issue and make
available to inmates, for inmates’ information, lists of magazine titles (rather than lists of
individual magazine issues) and book titles that were, but no longer are, on the Master List
of Disapproved Publications because they were disapproved more than twelve (12) months
ago.

(b)

The Warden/Superintendent should notify inmates who appealed the Committee’s decision
within seven (7) working days of receiving the decision. For publications approved by the
Publication Review Committee, the Warden/Superintendent or designee will inform the
inmate in writing that the publication has been approved and will forward the publication to

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the inmate. For publications disapproved by the Publication Review Committee, the
Chairperson of the Publication Review Committee will inform the inmate using the attached
form letter. (See Attachment #4.)
.0107 NOTIFICATION TO PUBLISHERS OF PUBLICATION DISAPPROVALS AND
APPEAL RIGHTS OF PUBLISHERS
When pursuant to law the Division of Prisons rejects a publication mailed to an inmate, the publisher
shall be notified in writing of the reason for rejection and the procedure to follow to appeal the
rejection, including the responsibility of the publisher to submit a written appeal. In addition to the
required written notification to a publisher when an inmate appeals the decision to reject a
publication, the publisher will also be notified by the Chairperson of the Publication Review
Committee when a publication is rejected and the decision is not appealed by the inmate. This
written appeal must be submitted to the Director of Prisons or his designee, as advised in the
rejection notice, (See attachment #5) within fifteen (15) days of receipt of the written notification
from the Committee that the publication was disapproved. If the publisher appeals, the Division of
Prisons will notify the publisher of the outcome of the review within fifteen (15) days of receipt of a
timely submitted written request for review.
.0108 CONDITIONS FOR RECEIPT OR POSSESSION
Inmates will be permitted to receive or possess written or pictorial materials which are consistent
with institution security, safety, inmate rehabilitation and federal and state regulations governing
staff work environment and section .0101 of this policy.
.0109 SPECIFIC CRITERIA FOR PUBLICATION DISAPPROVAL
(a)

The Division is required to maintain institution security for both inmates and staff members
and to facilitate to the extent possible rehabilitation of inmates. Rehabilitation includes but is
not limited to the acquisition of appropriate personal and social skills and responses, and the
acquiring of self-control. Because inmates are permitted to exchange or otherwise redirect
permitted materials within the facility, the treatment of materials is not dependent upon the
status, background or underlying offense of the intended recipient. No publication or
material will be withheld solely on the basis of its appeal to a particular ethnic, racial or
religious group. A publication may not be rejected solely because its content is religious,
philosophical, political, social or sexual, or because its content is unpopular or repugnant.
Publications that provide unbiased reporting of actual news and events are not normally
withheld.

(b)

Materials which pose a threat to the specified objectives may do so either directly, or
indirectly. Direct threats include but are not limited to the active advocacy of escape,
interference with security devices, or violence against staff or others. Indirect threats to these
objectives include but are not limited to: (1) materials which advocate or facilitate collective
action or affiliation by inmates either generally or with respect to validated Security Threat

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Groups; (2) materials, with the exception of foreign language publications as noted in .0109
(e), containing or facilitating communications which are not readily understandable to
reviewing staff; (3) materials which may be used to harass, distract, demean, or intimidate
staff or others; (4) or materials which impede inmate rehabilitation. Materials which impede
inmate rehabilitation may include any item or depiction which encourages or reinforces the
perception of other persons as potential objects for physical or sexual aggression.
(c)

Prohibited materials may fall into more than one category or description. For example, the
same material may constitute a depiction of unlawful violence, a violation of law, a threat to
rehabilitation and be used to intimidate or sexually harass or intimidate staff. The categories
and descriptions below are for administrative use only and are not intended to be mutually
exclusive. When materials are prohibited under this policy, all applicable categories and
examples shall be deemed to apply, whether or not specified in any resulting written notice to
the inmate or publisher.

(d)

The following specific categories of prohibited materials are by way of illustration only.
Other materials which create or reasonably have the potential to create an articulable threat to
the specified objectives may be withheld and processed as provided in the policy at the
direction of the Warden/Superintendent or Deputy/Assistant Superintendent.

(e)

Foreign Language Publications. Foreign language publications do not, per se, require
disapproval. Inmates may receive such publications. Staff may visually inspect foreign
language publications to determine if they contain prohibited pictorial communications.
If, and only if, a foreign language publication appears to contain such communications,
the Warden/Superintendent or Deputy/Assistant Superintendent may obtain an accurate
translation in order to finally determine whether it should be disapproved because it is
obscene or presents a threat to order, security, and rehabilitation. This policy is not
intended to prohibit inmates from receiving scholarly, news, or popular publications,
including newspapers, not written in English.

(f)

This policy section does not apply to foreign language publications which are governed in
.0109 (e) above. The Warden/Superintendent or Deputy/Assistant Superintendent should
disapprove a publication for receipt and possession by inmates and forward it to the
Publication Review Committee for final action if the publication can be reasonably
documented to contain the following:

Threats to institutional safety and security include but are not limited to materials which
depict, describe or advocate or which include:
(A)

the commission of criminal activity and/or the violation of state or federal laws
and/or the violation of the Division of Prisons policy and/or inmate disciplinary
policy and procedures.

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(B)

the manufacture, simulation and/or concealment of weapons, ammunition,
explosives, incendiaries, or escape devices and/or escape techniques.

(C)

the ingredients and/or manufacture of poisons, drugs, intoxicants, abrasives,
corrosives or other toxic or illegal substances.

(D)

violence, disorder, insurrection or terrorist/gang activities against individuals,
groups, organizations, the government or any of it’s’ institutions.

(E)

instructions and/or information, which contain technical specifications for or
may be used to alter or defeat electronic, mechanical or other security devices,
facility blueprints, procedures, diagrams and/or information concerning
security techniques and training of personnel and/or canine units.

(F)

instructions and/or information, which may be used to alter or defeat
institutional systems of communication.

(G)

instructions and/or information relating to the ability or attempt to physically
assault, disable, injure or kill a person.

(H)

violence against any ethnic, racial or religious group or which reasonably
appears likely to provoke or to precipitate a violent confrontation between the
recipient or recipients or any other inmate in possession of same and a member
or members of the target group.

(I)

materials which are used or which reasonably appear likely to be used to
intimidate or sexually harass facility staff or visitors.

(J)

material which is written for or supports the activities of a validated
Security Threat Group; or material which in any way supports, incites,
promotes, encourages or advocates any type of gang activity by pictorials or
writings or sign gang language or insignia. Sign gang language alone, in
isolation of other material that supports, incites, promotes, encourages, or
advocates any type of gang activity, should not be cause for rejection.

(K)

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. Sexually explicit materials are defined as pictorial depictions of sex
acts involving any person of any age, or written depictions of sex acts
involving violence, sadomasochism, sex with animals, or sex with any person
who is under age 18 (or, if the person’s age is not stated in the text, who could
reasonably be thought to be under age 18). The term sex acts means actual or
simulated sexual acts, including sexual intercourse, oral sex, or masturbation.
In addition, pictorial materials which depict exposed, full frontal view of

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uncovered human genitalia, exposed genitalia from the rear or the female
breast are specifically deemed to be a threat to institutional order, security and
safety and a threat to inmate rehabilitation and are prohibited. This prohibition
shall not apply to patently medical, artistic, anthropological or educational
commercial publications, including but not limited to National Geographic,
works of art displayed in public galleries, i.e., Art News, anatomy texts or
comparable materials.
(L)

items or materials which can be used for the improper purpose of establishing
personal information about a staff member, victim or any other citizen. This
prohibition includes but is not limited to a drivers license, drivers license
records check, property title or deed, tax listing information, social security
card, birth certificate, passport, military discharge papers, personal financial
documents such as credit cards, checkbooks or similar items. Items sent to aid
an inmate who is being prepared legitimate transition to the community are
received and maintained for the inmate in a secure location until the inmate is
released.

(M)

Publication is larger “8-1/2 x 11” and/or more than two (2) inches thick, and
the facility head determines that the size of the publication may create a space
or security problem.

(N)

Publication is hardbound or spiral-bound and the publication is addressed to an
inmate who is assigned to H-con, M-con, I-con or on Disciplinary Segregation.

(O)

Publication is from a source that is not a legitimate marketer or distributor of
published material.

(P)

Publication is from a source that is in conflict with the custody level of the
inmate to whom it is addressed (see D.010 (a) and (b) above).

(Q)

Publication contains contraband, such as money, postal stamps or objects that
may be utilized as weapons. (For publications that contains CDs or DVDs, see
D.0101 (g) above).

.0110 STAFF TRANING ON INMATE PUBLICATIONS
(a)

The Division of Prisons has produced (and will update from time to time as necessary) a
training video that describes the publications policy set forth in this policy D.0100.

(b)

The persons listed below must view the video before they are assigned any responsibility in
screening incoming publications addressed to inmates, and no less often than every 12
months for as long as they have any responsibility in screening such publications. Each
viewing of the video by each person shall be documented in OPUS.

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•
•
•
•
•
•
(c)

The Chief of Program Services for the Division of Prisons
Each Publication Review Committee Member
Each Facility Head (Warden, Administrator, or superintendent)
Each Assistant Superintendent designated by a facility head to approve and
disapprove incoming publications addressed to inmates
Each mailroom employee who assists in screening incoming publications addressed
to inmates
Any other person who assist in screening incoming publications addressed to inmates

Each facility head is responsible for ensuring that training and documentation at his or her
facility is carried out in accordance with D.0110 (b) above.

.0111 INMATE ACCESS TO PUBLICATIONS POLICY, D.0100
At each facility a copy of this policy (section D.0100) shall be made available in a library to which
inmates in the general population have access and/or shall be placed on a bulletin board on which
official notices to inmates are posted

D.0100_03_22_10.doc

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Attachment # 1
Page 1 of Attachment #1
Disapproved Publication Log
(To be sent to the Publication Review Committee weekly at 840 W. Morgan St., MSC 4280, Raleigh, N. C. 27699-4280 by the facility with disapproved
publications and/or the inmate appeal/waiver form.)
Facility Name:

Inmate Name
& Number

____

Date
Received

Date of
Appeal
Rights

Facility Number: _______________

Name of
Publication

Volume, Issue
and/or Date

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Date:

Reason for
Disapproval
(see attached A - L)

Page
Number(s)

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Print Name of
Final
Reviewer

Attachment #1
Page 2 of Attachment #1

Disapproved Publications Log
(To be sent to the Publication Review Committee weekly by the facility with disapproved publications and/or the
inmate appeal/waiver form.)
This publication/material has been disapproved due to the violation of Division of Prisons Policy Chapter D, Section
.0109 (f), because it contains threats to institutional safety and security including but not limited to materials which
depict, describe or advocate or which include:

Reason
.0109
A

Reason
.0109
B

Reason
.0109
C

Reason
.0109
D

Reason
.0109
E

Reason
.0109
F

NOTE: THE APPROPRIATE DISAPPROVAL REASON
The commission of criminal activity and/or the violation of state or federal laws and/or the violation of the Division of
Prisons policy and/or inmate disciplinary policy and procedures.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
The manufacture, simulation and/or concealment of weapons, ammunition, explosives, incendiaries, or escape devices
and/or escape techniques.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
The ingredients and/or manufacture of poisons, drugs, intoxicants, abrasives, corrosives or other toxic or illegal
substances.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Violence, disorder, insurrection or terrorist/gang activities against individuals, groups, organizations, the government
or any of its’ institutions.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information, which contain technical specifications for or may be used to alter or defeat electronic,
mechanical or other security devices, facility blueprints, procedures, diagrams and/or information concerning
security techniques and training of personnel and/or canine units.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information, which may be used to alter or defeat institutional systems of communication.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information relating to the ability or attempt to physically assault, disable, injure or kill a person.

Reason
.0109
G

Comments:_______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

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Reason
.0109
H

Reason
.0109
I

Reason
.0109
J

Reason
.0109
K

Reason
.0109
L

Violence against any ethnic, racial or religious group or which reasonably appears likely to provoke or to precipitate a
violent confrontation between the recipient or recipients or any other inmate in possession of same and a member or
members of the target group.
Comments:________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Materials which are used or which reasonably appear likely to be used to intimidate or sexually harass facility staff or
visitors.
Comments:________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Material which is written for or supports the activities of a validated Security Threat Group; or material which in any
way supports, incites, promotes, encourages or advocates any type of gang activity by pictorials or writings or sign
gang language or insignia. Sign gang language alone, in isolation of other material that supports, incites, promotes,
encourages, or advocates any type of gang activity, should not be cause for rejection.
Comments:________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
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. Sexually explicit materials are defined as pictorial depictions of sex acts
involving any person of any age, or written depictions of sex acts involving violence, sadomasochism, sex with
animals, or sex with any person who is under age 18, (or, if the person’s age is not stated in the text, who could
reasonably be thought to be under age 18). The term sex acts means actual or simulated sexual acts, including sexual
intercourse, oral sex, or masturbation. In addition, pictorial materials which depict exposed, full frontal view of
uncovered human genitalia, exposed genitalia from the rear or the female breast are specifically deemed to be a threat
to institutional order, security and safety and a threat to inmate rehabilitation and are prohibited. This prohibition
shall not apply to patently medical, artistic, anthropological or educational commercial publications including but not
limited to National Geographic, works of art displayed in public galleries, i.e., Art News, anatomy texts or
comparable materials.
Comments:________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Items or materials which can be used for the improper purpose of establishing personal information about a staff
member, victim or any other citizen. This prohibition includes but is not limited to a drivers license, drivers license
records check, property title or deed, tax listing information, social security card, birth certificate, passport, military
discharge papers, personal financial documents such as credit cards, checkbooks or similar items. Items sent to aid an
inmate who is being prepared legitimate transition to the community are received and maintained for the inmate in a
secure location until the inmate is released.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 13 of 28

Reason
.0109
M
Reason
.0109
N
Reason
.0109
O

Reason
.0109
P
Reason
.0109
Q

Publication is larger than “8-1/2 x 11” and/or more than two (2) inches thick, and the facility head determines that
the size of the publication may create a space or security problem.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication is hardbound or spiral-bound and the publication is addressed to an inmate who is assigned in H-con,
M-con, I-con, or on Disciplinary Segregation.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication is from a source that is not a legitimate marketer, and/or distributor of published material.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication is from a source that is in conflict with the custody level of the inmate to whom it is addressed.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication contains contraband, such as money, postal stamps or objects that may be utilized as weapons.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 14 of 28

Attachment #2
Page 1 of Attachment #2
NOTICE TO INMATE OF A STATEWIDE DISAPPROVED PUBLICATION
(This notice should be used when the publication is already on the Master List of Disapproved Publications and
should be sent to the inmate within seven (7) working days of receipt of publication/material).

____

TO:

Inmate Name & Number

FROM:

Warden/Superintendent/Designee

RE:

Disapproval of Publication/Material

DATE:

Your publication/material,
list name and volume and issue # / date
, is on the
Master List of Disapproved Publications list of the Division of Prisons. The publication/material violates
Division of Prisons policy at section D.0109 and is disapproved for the reason listed. Please note the pages
listed may not be the only pages in the material that violate North Carolina Division of Prisons policy;
however, any violation is grounds for disapproval of the entire publication.
This publication appears on the statewide Master List of Disapproved Publications because it was
disapproved during the previous twelve (12) months by the Division of Prisons Publication Review
Committee. There are no additional appeal rights to this decision.

This publication/material has been disapproved due to the violation of Division of Prisons Policy Chapter D, Section
.0109 (f), because it contains threats to institutional safety and security including but not limited to materials which
depict, describe or advocate or which include:

Reason
.0109
A

Reason
.0109
B

Reason
.0109
C

Reason
.0109
D

COMPLETE THE APPROPRIATE DISAPPROVAL REASON
The commission of criminal activity and/or the violation of state or federal laws and/or the violation of the Division
of Prisons policy and/or inmate disciplinary policy and procedures.
Page Number(s): ________________________________ Comments: _______________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
The manufacture, simulation and/or concealment of weapons, ammunition, explosives, incendiaries, or escape
devices and/or escape techniques.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
The ingredients and/or manufacture of poisons, drugs, intoxicants, abrasives, corrosives or other toxic or illegal
substances.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Violence, disorder, insurrection or terrorist/gang activities against individuals, groups, organizations, the
government or any of its’ institutions.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 15 of 28

Reason
.0109
E

Reason
.0109
F
Reason
.0109
G

Reason
.0109
H

Reason
.0109
I

Reason
.0109
J

Reason
.0109
K

Instructions and/or information, which contain technical specifications for or may be used to alter or defeat
electronic, mechanical or other security devices, facility blueprints, procedures, diagrams and/or information
concerning security techniques and training of personnel and/or canine units.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Instructions and/or information, which may be used to alter or defeat institutional systems of communication.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Instructions and/or information relating to the ability or attempt to physically assault, disable, injure or kill a
person.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Violence against any ethnic, racial or religious group or which reasonably appears likely to provoke or to
precipitate a violent confrontation between the recipient or recipients or any other inmate in possession of same and
a member or members of the target group.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Materials which are used or which reasonably appear likely to be used to intimidate or sexually harass facility staff
or visitors.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Material which is written for or supports the activities of a validated Security Threat Group; or material which in
any way supports, incites, promotes, encourages or advocates any type of gang activity by pictorials or writings or
sign gang language or insignia. Sign gang language alone, in isolation of other material that supports, incites,
promotes, encourages, or advocates any type of gang activity, should not be cause for rejection.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
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. Sexually explicit materials are defined as pictorial depictions of sex
acts involving any person of any age, or written depictions of sex acts involving violence, sadomasochism, sex with
animals, or sex with any person who is under age 18, (or, if the person’s age is not stated in the text, who could
reasonably be thought to be under age 18). The term sex acts means actual or simulated sexual acts, including
sexual intercourse, oral sex, or masturbation. In addition, pictorial materials which depict exposed, full frontal
view of uncovered human genitalia, exposed genitalia from the rear or the female breast are specifically deemed to
be a threat to institutional order, security and safety and a threat to inmate rehabilitation and are prohibited. This
prohibition shall not apply to patently medical, artistic, anthropological or educational commercial publications
including but not limited to National Geographic, works of art displayed in public galleries, i.e., Art News,
anatomy texts or comparable materials.
Page Number(s): _______________________________ Comments: ________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 16 of 28

Reason
.0109
L

Reason
.0109
M
Reason
.0109
N

Reason
.0109
O
Reason
.0109
P
Reason
.0109
Q

Items or materials which can be used for the improper purpose of establishing personal information about a staff
member, victim or any other citizen. This prohibition includes but is not limited to a drivers license, drivers license
records check, property title or deed, tax listing information, social security card, birth certificate, passport, military
discharge papers, personal financial documents such as credit cards, checkbooks or similar items. Items sent to aid
an inmate who is being prepared legitimate transition to the community are received and maintained for the inmate
in a secure location until the inmate is released.
Page Number(s): ______________________________ Comments: ________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Publication is larger than “8-1/2 x 11” and/or more than two (2) inches thick, and the facility head determines
that the size of the publication may create a space or security problem.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Publication is hardbound or spiral-bound and the publication is addressed to an inmate who is assigned in Hcon, M-con, I-con, or on Disciplinary Segregation.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Publication is from a source that is not a legitimate marketer, and/or distributor of published material.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Publication is from a source that is in conflict with the custody level of the inmate to whom it is addressed.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Publication contains contraband, such as money, postal stamps or objects that may be utilized as weapons.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

Do you choose to have the disapproved publication(s) mailed to a different address or destroyed?
If you do not indicate a choice within three (3) working days of the date shown above, the publication will
be destroyed.
Mailed: I would like to send the item(s) to the address I have indicated. I am aware that the cost of
this mailing must be paid from my funds. (Name and address)
_________________________________________
_________________________________________
_________________________________________
Destroyed
Inmate Signature
Staff Signature/Date Received
cc:

Inmate Copy

Facility File

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 17 of 28

Attachment #3
Page 1 of Attachment #3
NOTICE TO INMATE OF DISAPPROVAL & APPEAL/WAIVER FORM
(This notice should be used when the publication is disapproved by the facility but is
NOT already on the Master List of Disapproval Publications. It should be sent to the
inmate within seven (7) working days of receipt of the publication/material).

TO:

Inmate Name & Number

FROM:

Warden/Superintendent/Designee

RE:

Disapproval of Publication/Material

____

DATE:

Your publication/material,
list name and volume and issue # / date
, has been
received. I have reviewed this publication and determined that it violates Division of Prisons policy section
D.0109 (f) and is disapproved for the reason listed. Therefore, I am disapproving possession of this
publication. Please note the pages listed for disapproval may not be the only pages in the material that
violate North Carolina Division of Prisons policy; however, any violation is grounds for disapproval
of the entire publication.
If you appeal, your publication will be forwarded to the Publication Review Committee and you will be
notified of their decision, normally within forty-five (45) days of the date you submit this form. If you wish
to appeal to the Publication Review Committee, you must submit this form within three (3) working days of
the date shown above.
Listed below are the options available to you in this matter.
Yes, I choose to appeal.
If you select this option, the items(s) described above will be forwarded to the Director’s Publication Review
Committee for final review. You may attach additional sheets to explain your appeal or you can use the
space below.
____________
_
___

__________

If you appeal and your appeal is denied, at that time you will be given the choice to have the publication
mailed to a different address or destroyed.

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 18 of 28

Attachment #3
Page 2 of Attachment #3

No, I choose NOT to appeal, (Failure to indicate a choice will be considered a choice NOT to appeal).

If you choose NOT to appeal, do you choose to have the disapproved publication mailed to a different
address or destroyed? (If you do not indicate a choice or if you do not submit this form within three (3)
working days of the date shown above, the publication will be destroyed).

Mailed: I would like to send the publication to the address I have indicated. I am aware that the cost of this
mailing must be paid from my funds. (Name and address)
____________________________________________
____________________________________________
____________________________________________

Destroyed

Inmate Signature __________________________________________________

Staff Signature/Date Received ______________________________________________________

cc:

Inmate Copy
Facility File
Publication Review Committee File

This publication/material has been disapproved due to the violation of Division of Prisons Policy Chapter D, Section
.0109 (f), because it contains threats to institutional safety and security including but not limited to materials which
depict, describe or advocate or which include:

Reason
.0109
A

Reason
.0109
B

COMPLETE THE APPROPRIATE DISAPPROVAL REASON
The commission of criminal activity and/or the violation of state or federal laws and/or the violation of the Division
of Prisons policy and/or inmate disciplinary policy and procedures.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
The manufacture, simulation and/or concealment of weapons, ammunition, explosives, incendiaries, or escape devices
and/or escape techniques.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 19 of 28

The ingredients and/or manufacture of poisons, drugs, intoxicants, abrasives, corrosives or other toxic or illegal
substances.

Reason
.0109
C

Reason
.0109
D

Reason
.0109
E

Reason
.0109
F
Reason
.0109
G

Reason
.0109
H

Reason
.0109
I

Reason
.0109
J

Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Violence, disorder, insurrection or terrorist/gang activities against individuals, groups, organizations, the government
or any of its’ institutions.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information, which contain technical specifications for or may be used to alter or defeat electronic,
mechanical or other security devices, facility blueprints, procedures, diagrams and/or information concerning security
techniques and training of personnel and/or canine units.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information, which may be used to alter or defeat institutional systems of communication.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information relating to the ability or attempt to physically assault, disable, injure or kill a person.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Violence against any ethnic, racial or religious group or which reasonably appears likely to provoke or to precipitate a
violent confrontation between the recipient or recipients or any other inmate in possession of same and a member or
members of the target group.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Materials which are used or which reasonably appear likely to be used to intimidate or sexually harass facility staff or
visitors.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Material which is written for or supports the activities of a validated Security Threat Group; or material which in any
way supports, incites, promotes, encourages or advocates any type of gang activity by pictorials or writings or sign
gang language or insignia. Sign gang language alone, in isolation of other material that supports, incites, promotes,
encourages, or advocates any type of gang activity, should not be cause for rejection.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 20 of 28

Reason
.0109
K

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. Sexually explicit materials are defined as pictorial depictions of sex acts
involving any person of any age, or written depictions of sex acts involving violence, sadomasochism, sex with
animals, or sex with any person who is under age 18, (or, if the person’s age is not stated in the text, who could
reasonably be thought to be under age 18). The term sex acts means actual or simulated sexual acts, including sexual
intercourse, oral sex, or masturbation. In addition, pictorial materials which depict exposed, full frontal view of
uncovered human genitalia, exposed genitalia from the rear or the female breast are specifically deemed to be a threat
to institutional order, security and safety and a threat to inmate rehabilitation and are prohibited. This prohibition
shall not apply to patently medical, artistic, anthropological or educational commercial publications including but not
limited to National Geographic, works of art displayed in public galleries, i.e., Art News, anatomy texts or
comparable materials.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Reason
.0109
L

Items or materials which can be used for the improper purpose of establishing personal information about a staff
member, victim or any other citizen. This prohibition includes but is not limited to a drivers license, drivers license
records check, property title or deed, tax listing information, social security card, birth certificate, passport, military
discharge papers, personal financial documents such as credit cards, checkbooks or similar items. Items sent to aid an
inmate who is being prepared legitimate transition to the community are received and maintained for the inmate in a
secure location until the inmate is released.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Reason
.0109
M
Reason
.0109
N
Reason
.0109
O

Reason
.0109
P
Reason
.0109
Q

Publication is larger than “8-1/2 x 11” and/or more than two (2) inches thick, and the facility head determines that
the size of the publication may create a space or security problem.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication is hardbound or spiral-bound and the publication is addressed to an inmate who is assigned in H-con,
M-con, I-con, or on Disciplinary Segregation.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication is from a source that is not a legitimate marketer, and/or distributor of published material.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication is from a source that is in conflict with the custody level of the inmate to whom it is addressed.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Publication contains contraband, such as money, postal stamps or objects that may be utilized as weapons.
Comments: _______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 21 of 28

Attachment #4
Page 1 of Attachment #4
LETTER TO INMATE
(To be sent to inmate after review by Publication Review Committee)
TO:

Inmate Name & Number

FROM:

Chairperson – Publication Review Committee

RE:

Publication/Material Disapproval

DATE:

Your publication/material,
list name and volume and issue # and/or date
,
has been reviewed by the Publication Review Committee. It has been determined that you cannot possess this
publication/material. Please note the pages listed may not be the only pages in the material that violate North
Carolina Division of Prisons policy; however, any violation is grounds for disapproval of the entire publication.
This publication/material has been disapproved due to the violation of Division of Prisons Policy Chapter D, Section
.0109 (f), because it contains threats to institutional safety and security including but not limited to materials which
depict, describe or advocate or which include:

Reason
.0109
A

Reason
.0109
B

Reason
.0109
C

Reason
.0109
D

Reason
.0109
E

COMPLETE THE APPROPRIATE DISAPPROVAL REASON
The commission of criminal activity and/or the violation of state or federal laws and/or the violation of the Division
of Prisons policy and/or inmate disciplinary policy and procedures.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
The manufacture, simulation and/or concealment of weapons, ammunition, explosives, incendiaries, or escape devices
and/or escape techniques.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
The ingredients and/or manufacture of poisons, drugs, intoxicants, abrasives, corrosives or other toxic or illegal
substances.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Violence, disorder, insurrection or terrorist/gang activities against individuals, groups, organizations, the government
or any of its’ institutions.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information, which contain technical specifications for or may be used to alter or defeat electronic,
mechanical or other security devices, facility blueprints, procedures, diagrams and/or information concerning security
techniques and training of personnel and/or canine units.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 22 of 28

Instructions and/or information, which may be used to alter or defeat institutional systems of communication.

Reason
.0109
F
Reason
.0109
G

Reason
.0109
H

Reason
.0109
I

Reason
.0109
J

Reason
.0109
K

Reason
.0109
L

Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Instructions and/or information relating to the ability or attempt to physically assault, disable, injure or kill a person.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Violence against any ethnic, racial or religious group or which reasonably appears likely to provoke or to precipitate a
violent confrontation between the recipient or recipients or any other inmate in possession of same and a member or
members of the target group.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Materials which are used or which reasonably appear likely to be used to intimidate or sexually harass facility staff or
visitors.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Material which is written for or supports the activities of a validated Security Threat Group; or material which in any
way supports, incites, promotes, encourages or advocates any type of gang activity by pictorials or writings or sign
gang language or insignia. Sign gang language alone, in isolation of other material that supports, incites, promotes,
encourages, or advocates any type of gang activity, should not be cause for rejection.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
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. Sexually explicit materials are defined as pictorial depictions of sex acts
involving any person of any age, or written depictions of sex acts involving violence, sadomasochism, sex with
animals, or sex with any person who is under age 18, (or, if the person’s age is not stated in the text, who could
reasonably be thought to be under age 18). The term sex acts means actual or simulated sexual acts, including sexual
intercourse, oral sex, or masturbation. In addition, pictorial materials which depict exposed, full frontal view of
uncovered human genitalia, exposed genitalia from the rear or the female breast are specifically deemed to be a threat
to institutional order, security and safety and a threat to inmate rehabilitation and are prohibited. This prohibition
shall not apply to patently medical, artistic, anthropological or educational commercial publications including but not
limited to National Geographic, works of art displayed in public galleries, i.e., Art News, anatomy texts or
comparable materials.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Items or materials which can be used for the improper purpose of establishing personal information about a staff
member, victim or any other citizen. This prohibition includes but is not limited to a drivers license, drivers license
records check, property title or deed, tax listing information, social security card, birth certificate, passport, military
discharge papers, personal financial documents such as credit cards, checkbooks or similar items. Items sent to aid an
inmate who is being prepared legitimate transition to the community are received and maintained for the inmate in a
secure location until the inmate is released.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 23 of 28

Reason
.0109
M
Reason
.0109
N
Reason
.0109
O

Reason
.0109
P
Reason
.0109
Q

Publication is larger than “8-1/2 x 11” and/or more than two (2) inches thick, and the facility head determines that
the size of the publication may create a space or security problem.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
Publication is hardbound or spiral-bound and the publication is addressed to an inmate who is assigned in H-con,
M-con, I-con, or on Disciplinary Segregation.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
Publication is from a source that is not a legitimate marketer, and/or distributor of published material.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
Publication is from a source that is in conflict with the custody level of the inmate to whom it is addressed.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________
Publication contains contraband, such as money, postal stamps or objects that may be utilized as weapons.
Comments:
________________________________________________________________________________________
________________________________________________________________________________________

Listed below are the options available to you in this matter.
If you do not indicate a choice within three (3) working days of the date shown above, the publication will
be destroyed.
Do you choose to have the disapproved publication(s) mailed to a different address or destroyed?
Mailed: I would like to send the item(s) to the address I have indicated. I am aware that the cost of this
mailing must be paid from my funds. (Name and address).
_________________________________________
_________________________________________
_________________________________________

Destroyed

Inmate Signature

Staff Signature/Date Received
Thank you for your attention to this information.

cc: Facility File
Publication Review Committee File

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 24 of 28

Attachment # 5
Page 1 of Attachment #5
LETTER TO PUBLISHER
(To be sent to publisher following the decision of the Publication Review Committee)
Name of Publisher:
Address:

DATE:

To the Publisher:
This letter is to advise you that the following issue(s) of publication(s) sent to an inmate of the North Carolina
Department of Correction, Division of Prisons, has been disapproved for delivery to the inmate.
[Publication name, volume/issue/number, pages
This action was taken for the following reasons:
These issues contain material which violates North Carolina Division of Prisons policy D.0100, Publications
Received/Possessed By Inmates. This material could be detrimental to the security and good order of the prison facility
and the rehabilitation of inmates and is disapproved for the reason(s) indicated. The numbers for those pages which were
reviewed on which violations were found are listed above with the issues containing them. Please note the pages listed
may not be the only pages in the material that violate North Carolina Division of Prisons policy; however, any violation is
grounds for disapproval of the entire publication.
You may obtain an independent review of this decision by writing within fifteen (15) days of receipt of this letter to the
Assistant Director of Support Services, North Carolina Department of Correction, Division of Prisons, 4260 MSC,
Raleigh, NC 27699-4260.

Print Name: _________________________________
Title: ________________________________
Signature:

_____

Date: ______________________________________

Sincerely,
Chairperson of the Publication Review Committee

cc: Assistant Director of Support Services
Publication Review Committee File

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 25 of 28

Attachment # 5
Page 2 of Attachment #5
LETTER TO PUBLISHER
This publication/material has been disapproved due to the violation of Division of Prisons Policy Chapter D, Section
.0109 (f) because it contains threats to institutional safety and security including but not limited to materials which
depict, describe or advocate or which include:

Reason
.0109
A

Reason
.0109
B

Reason
.0109
C

Reason
.0109
D

Reason
.0109
E

Reason
.0109
F
Reason
.0109
G
Reason
.0109
H

COMPLETE THE APPROPRIATE DISAPPROVAL REASON
The commission of criminal activity and/or the violation of state or federal laws and/or the violation of the Division
of Prisons policy and/or inmate disciplinary policy and procedures.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
The manufacture, simulation and/or concealment of weapons, ammunition, explosives, incendiaries, or escape
devices and/or escape techniques.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
The ingredients and/or manufacture of poisons, drugs, intoxicants, abrasives, corrosives or other toxic or illegal
substances.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Violence, disorder, insurrection or terrorist/gang activities against individuals, groups, organizations, the
government or any of its’ institutions.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Instructions and/or information, which contain technical specifications for or may be used to alter or defeat
electronic, mechanical or other security devices, facility blueprints, procedures, diagrams and/or information
concerning security techniques and training of personnel and/or canine units.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Instructions and/or information, which may be used to alter or defeat institutional systems of communication.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Instructions and/or information relating to the ability or attempt to physically assault, disable, injure or kill a person.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Violence against any ethnic, racial or religious group or which reasonably appears likely to provoke or to precipitate
a violent confrontation between the recipient or recipients or any other inmate in possession of same and a member
or members of the target group.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 26 of 28

Reason
.0109
I

Reason
.0109
J

Reason
.0109
K

Reason
.0109
L

Reason
.0109
M
Reason
.0109
N
Reason
.0109
O
Reason
.0109
P
Reason
.0109
Q

Materials which are used or which reasonably appear likely to be used to intimidate or sexually harass facility staff
or visitors.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
Material which is written for or supports the activities of a validated Security Threat Group; or material which in
any way supports, incites, promotes, encourages or advocates any type of gang activity by pictorials or writings or
sign gang language or insignia. Sign gang language alone, in isolation of other material that supports, incites,
promotes, encourages, or advocates any type of gang activity, should not be cause for rejection.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
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. Sexually explicit materials are defined as pictorial depictions of sex
acts involving any person of any age, or written depictions of sex acts involving violence, sadomasochism, sex with
animals, or sex with any person who is under age 18, (or, if the person’s age is not stated in the text, who could
reasonably be thought to be under age 18). The term sex acts means actual or simulated sexual acts, including
sexual intercourse, oral sex, or masturbation. In addition, pictorial materials which depict exposed, full frontal view
of uncovered human genitalia, exposed genitalia from the rear or the female breast are specifically deemed to be a
threat to institutional order, security and safety and a threat to inmate rehabilitation and are prohibited. This
prohibition shall not apply to patently medical, artistic, anthropological or educational commercial publications
including but not limited to National Geographic, works of art displayed in public galleries, i.e., Art News, anatomy
texts or comparable materials.
Page Number(s): _________________________________ Comments: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Items or materials which can be used for the improper purpose of establishing personal information about a staff
member, victim or any other citizen. This prohibition includes but is not limited to a drivers license, drivers license
records check, property title or deed, tax listing information, social security card, birth certificate, passport, military
discharge papers, personal financial documents such as credit cards, checkbooks or similar items. Items sent to aid
an inmate who is being prepared legitimate transition to the community are received and maintained for the inmate
in a secure location until the inmate is released.
Page Number(s): ________________________________ Comments: ________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Publication is larger than “8-1/2 x 11” and/or more than two (2) inches thick, and the facility head determines
that the size of the publication may create a space or security problem.
Comments: _______________________________________________________________________________
________________________________________________________________________________________
Publication is hardbound or spiral-bound and the publication is addressed to an inmate who is assigned in Hcon, M-con, I-con, or on Disciplinary Segregation.
Comments: _______________________________________________________________________________
________________________________________________________________________________________
Publication is from a source that is not a legitimate marketer, and/or distributor of published material.
Comments: _______________________________________________________________________________
________________________________________________________________________________________
Publication is from a source that is in conflict with the custody level of the inmate to whom it is addressed.
Comments: _______________________________________________________________________________
________________________________________________________________________________________
Publication contains contraband, such as money, postal stamps or objects that may be utilized as weapons.
Comments: _______________________________________________________________________________
________________________________________________________________________________________

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 27 of 28

Attachment #6

LETTER TO WARDEN/SUPERINTENDENT FROM PUBLICATION COMMITTEE

TO:

Warden/Superintendent/Designee

DATE:

FROM:

Publication Review Committee

RE:

Return of Publication/Material Confiscated

The Publication Review Committee has completed a review of the publication (s). Below is a list of publication(s)
being returned to your facility. This list includes the inmate name, number, publication and final action taken by the
Publication Review Committee. If the publication is disapproved, the inmate will be notified, using the official
Letter to Inmate (See Attachment #4), of the final action and reason according to policy. The inmate should be
informed of the options for disposing of this material.
If the publication is approved, the material should be returned to the inmate as soon as possible.
Thanks you for your attention to this information.

Inmate Name

Number

Publication Title

Final Action by PRC

Enclosure
cc: Publication Review Committee
File

Case 5:06-ct-03135-FL Document 42-1

Filed 03/23/10 Page 28 of 28

 

 

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