Sec. 4. (a) The department may read and examine correspondence sent to or from a confined person unless it is clearly marked as correspondence that is privileged under state or federal law. The department may not disclose the contents of the correspondence to another person unless:

(1) the department has reasonable grounds to believe that the correspondence:

(A) poses an immediate danger to the safety of an individual or a serious threat to the security of the facility or program; or

(B) is prohibited under section 2(b) of this chapter;

(2) the correspondence contains contraband or prohibited property;

(3) the confined person has been:

(A) convicted of a crime that involved the use of correspondence to engage in an illegal activity; or

(B) found guilty after a hearing conducted by the department of using correspondence to commit misconduct;

(4) the department receives a written request from a supervising authority of any federal or state law enforcement agency stating that the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and that the department should monitor the confined person's correspondence; or

(5) the department has reasonable grounds to believe that the correspondence may pose a threat to national security.

(b) The department may open correspondence that is sent to or from a confined person to inspect for and remove contraband or prohibited property and to permit removal of funds for crediting to the confined person's account. The correspondence may not be read, censored, copied, or otherwise interfered with in regard to its prompt delivery unless it is not clearly marked as correspondence that is privileged by other law and:

(1) the department has reasonable grounds to believe that the correspondence:

(A) poses an immediate danger to the safety of an individual or a serious threat to the security of the facility or program; or

(B) is prohibited under section 2(b) of this chapter;

(2) the correspondence contains contraband or prohibited property;

(3) the confined person has been:

(A) convicted of a crime that involved the use of correspondence to engage in an illegal activity; or

(B) found guilty after a hearing conducted by the department of using correspondence to commit misconduct;

(4) the department receives a written request from a supervising authority of any federal or state law enforcement agency stating that the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and that the department should monitor the confined person's correspondence; or

(5) the department has reasonable grounds to believe that the correspondence may pose a threat to national security.

(c) The department may adopt procedures to inspect correspondence to or from an offender to determine whether the correspondence contains contraband or prohibited property under subsection (a) or (b). The department shall inform the offender whenever the department removes the offender's funds under subsection (b), including the dollar amount.

(d) For purposes of this section, disagreement with the sender's or receiver's apparent moral, political, ethical, ethnic, or religious values or attitudes, veracity, or choice of words may not be used as a reason for censoring, copying, delaying, or disallowing the delivery of a personal communication.

(e) This subsection does not apply to correspondence described under subsection (a)(4), (a)(5), (b)(4), or (b)(5). If the department delays, censors, copies, or withholds correspondence, it shall promptly notify the person. The notice must be in writing and specify the reason for the action, the name of the sender, the date of any postmark, the date the correspondence was received or deposited at the facility or program, the proposed disposition to be made of the correspondence, the name of the person who made the decision, and the fact that the department's action may be challenged through the grievance procedure.

(f) The department shall maintain a record of each decision to withhold, copy, delay, or otherwise interfere with the prompt transmission of correspondence. This record must indicate the information set forth in the notice prescribed in subsection (e). The department shall establish policies to ensure that the contents of any monitored correspondence shall be shared only with necessary department staff. However, if the department believes that any correspondence contains evidence of criminal activity, that correspondence, or a copy, may be shared with appropriate federal or state law enforcement officials.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983, SEC.2; P.L.99-1986, SEC.2; P.L.145-1995, SEC.1; P.L.103-1999, SEC.1; P.L.101-2006, SEC.22.