subchapter 12b – prisons: public communications

section .0100 – inmate use of mail

14B NCAC 12B .0101       GENERAL

(a)  Inmates may write to anyone, but an individual inmate's privileges to write to a particular person or persons may be withdrawn by the superintendent/warden of the correctional facility to which the inmate is assigned, upon request of the recipient, or if the recipient is a minor, at the request of his or her parents or legal guardian. Writing privileges also may be terminated for any of the reasons stated in Rule .0307(e) of this Section. The reason for withdrawal must be stated in a written notice to the inmate that should refer specifically to the letters previously returned.

(b)  It is the purpose of the mail policy to protect citizens in the community from offensive or threatening letters and prevent criminal activities and escape plots from developing through correspondence. To accomplish this, it is the responsibility of each facility mail room to stamp the outside of each piece of outgoing inmate mail (including packages) with the name of the correctional facility, (ex., Mailed from Columbus Correctional Center). The stamp should be affixed to the front of the envelope above the address and between the return address and the postage stamp. This is not required at community residential facilities, i.e., Wilmington Residential Facility for Women.

(c)  The superintendent/warden will be responsible for developing and implementing facility mail procedures consistent with this policy. The facility procedures must be reviewed annually to assure compliance with current Division of Prisons policy.

History Note:        Authority G.S. 148-11;

Eff. November 1, 1991;

Transferred from 05 NCAC 02D .0306 Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

14B NCAC 12B .0102       CORRESPONDENCE

14B NCAC 12B .0103       PROCEDURES FOR CENSORSHIP

14B NCAC 12B .0104       PACKAGES AND OTHER ITEMS

History Note:        Authority G.S. 148-11;

Eff. November 1, 1991;

Amended Eff. October 1, 1992;

Transferred from 05 NCAC 02D .0307 Eff. June 1, 2013 (14B NCAC 12B .0102);

Transferred from 05 NCAC 02D .0308 Eff. June 1, 2013 (14B NCAC 12B .0103);

Transferred from 05 NCAC 02D .0309 Eff. June 1, 2013 (14B NCAC 12B .0104);

Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0200 - INMATE LABOR FOR PUBLIC WORK PROJECTS

14B NCAC 12B .0201       POLICY

(a)  General. The policy of the State of North Carolina is that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them. Work assignments and employment shall be for the public benefit to reduce the cost of maintaining the inmate population while enabling inmates to acquire or retain skills and work habits needed to secure honest employment after their release.

(b)  Conditions for Use of Inmate Labor. The use of inmate labor for public work projects must meet the following conditions:

(1)           The project or service involved is a type of work that inmates are qualified to perform.

(2)           The project or service is of benefit to the citizens of North Carolina or units of state or local government.

(3)           The project or service is not one that would normally be performed by private industry or non-inmate labor if inmate labor were not available.

(c)  Contracts. The Department of Correction may make contracts with departments, institutions, agencies, and other political subdivisions of the State of North Carolina for the use of inmate labor that will help make the prisons as nearly self-supporting as is consistent with the purpose of their creation.

(d)  Prohibitions. The following prohibitions apply to inmates being used for public work projects:

(1)           Inmates who are eligible and have been accepted for work release, study release and vocational rehabilitation may not be used.

(2)           Adult inmates are prohibited from working at or being on the premises of any school or institution operated or administered by the Division of Youth Services, Department of Human Resources.

History Note:        Authority G.S. 66-58; 148-26;

Eff. February 11, 1976;

Amended Eff. June 1, 1984;

Transferred from 05 NCAC 02D .0701 Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

14B NCAC 12B .0202       APPROVAL OF CONTRACTS

History Note:        Authority G.S. 148-26.5;

Eff. June 1, 1984;

Transferred from 05 NCAC 02D .0706 Eff. June 1, 2013;

Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.