OAR 309-102-0130
Mail Suspected To Contain Contraband, Limited Items or Evidence of a Crime
(1)
The superintendent may designate in writing, certain areas of the state institution as locked high security areas that require additional precautions to protect the safety and security of the facility.(2)
In designated areas, employees of the state institutions may open all except legal mail in the presence of the patient as prescribed in this rule, even though there may not be reasonable cause to believe that a specific piece of mail contains a prohibited or limited item.(3)
In order to ensure the health or safety of individuals or the safety or security of the institution, the superintendent may additionally order:(a)
Incoming and outgoing mail be scanned with non-invasive technology including but not limited to x-rays or metal detectors;(b)
Mailed electronic equipment or other items which may have had contraband placed within, be given additional scrutiny such as, but not limited to turning the item on to ensure it’s basic functionality or opening up the item to look inside.(4)
When there is reasonable cause to suspect mail contains a limited item, the superintendent may order the item be opened by staff in the presence of the patient.(a)
If a limited item is found within the mail, the item will be stored and made available to the patient pursuant to the state institution’s related policies and procedures.(b)
If there is no limited or prohibited item within, the patient may retain possession of the limited item.(5)
When there is reasonable cause to suspect mail contains evidence of a real or potential crime, the following steps shall occur:(a)
If the real or potential crime may immediately threaten the health or safety of individuals or the safety or security of the institution or the health or safety of any affiliated person, the superintendent may hold, open or otherwise inspect the mail.(b)
If the real or potential crime does not appear to immediately threaten the health or safety of individuals or the safety or security of the institution, the superintendent is authorized to:(A)
Contact a law enforcement agency and request a judicial warrant to open the mail and(B)
Hold the mail until either the judicial warrant is denied or the warrant is received and the item is confiscated by the law enforcement agency.(c)
If the judicial warrant is denied the item must promptly be delivered to the patient.(d)
If the item is confiscated, opened and examined and found to be permissible the item must promptly be delivered to the patient.(e)
If the item is found to contain evidence of a real or potential crime, it will remain in possession of the law enforcement agency for further action.(6)
The intended recipient of any mail withheld pursuant to this rule will be promptly informed of the action unless there is reasonable cause to believe that doing so may:(a)
Increase the potential threat to the health or safety of individuals or the safety or security of the institution or(b)
Destroy or adversely alter the suspected evidence of a real or potential crime.
Source:
Rule 309-102-0130 — Mail Suspected To Contain Contraband, Limited Items or Evidence of a Crime, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-102-0130.