6.6 Correspondence Pursuant to Section 1375

A. The youth’ constitutional rights to send and receive mail shall not be violated at any time.

B. There is no limitation on the volume of mail that youth may send or receive.

C. Youth may send one letter per day postage free.

D. Youth may correspond confidentially with state and federal courts, any member of the State Bar or holder of public office, Board and officials of the detaining authority. Facility staff may be, with the authorization of the Chief Deputy and/or his/her designee, authorized to open and inspect such mail only to search for contraband and in the presence of the youth. This requirement is set by case law and not subject to interpretation.

• All written correspondence entering the facility from an attorney to a youth, must be contained in a clearly labeled and sealable envelope. Labeling shall include the Attorney’s name, youth’s name, and a designation that the materials enclosed are from an attorney.
• These materials shall be stored in the youth’s personal property and may not be taken onto a living unit.
• Youth may review material in the presence of their attorney; and
• Youth may review materials from their attorney in an off unit visiting room (Visiting 1-3) only.
• Immediately upon a youth’s completion of review, the envelope of materials must be returned to the youth’s personal property bag.   

E.         Incoming mail other than mail noted in Section D of this policy, shall be opened and inspected for contraband daily.  Staff assigned to open mail shall be of the rank of Juvenile Services Officer III and above.

 F.         Incoming and outgoing mail may be read only when there is reasonable suspicion to believe facility safety and security, public safety, or minor safety may be jeopardized.  Authorization to read a minor’s mail shall only be made by the Chief Deputy and/or his/her designee.  Staff assigned to read mail shall be of the rank of Juvenile Services Officer III and above.

 G.        Reasonable suspicion for the purposes of this policy is defined as:

To have knowledge of facts that, although not amounting to direct evidence, would cause a reasonable person, knowing the same facts, to reasonably conclude the same thing.

 1.         Factors to establish reasonable suspicion shall include, but are not limited to:

•  Advocates criminal behavior or behavior against institutional rules.
•  Advocates or encourages specific acts of violence or physical harm to a person(s) or contains threats of suicidal intent.
• Advocates or plans for escape.
• Contains contraband or pornographic material.
• Any materials that advocate racial, gender, religious, sexual or national hatred.
• Any materials containing instructions for the manufacturing of drugs, explosives or other unlawful substances
• Any writings, drawings, pictures, or other materials promoting gang activity or behavior.
• Any mail to/from a documented gang member or associate. 
• Any mail to/from anyone on probation/parole. 

2.         If the determination is made that there is reasonable suspicion to read a youth’s incoming or outgoing mail, then the on-duty supervisor shall notify the youth, in writing, that his/her mail is being reviewed.  A Juvenile Hall Incident Report form will be used to document all mail reviews.

 3.         No copies of the youth’s mail shall be made or placed in a youth’s case file unless such correspondence is or has been the subject of legal determination and actions; disciplinary determinations and actions or criminal investigation and actions. 

 4.         When a youth is sent any correspondence or material not prohibited by law, but considered contraband by the facility, it shall be returned to the sender or held for probation investigative purposes.