Tracking Prison Censorship in the United States

This is a grievance pursuant to 33-501.401(13)(6) ("publication...impounded...file grievances direct to the Secretary") of the impoundment of my March/April 2016 issue of Under Lock & Key #49. See notice attached dated 5-18-16 received 6-2-16.

An extension of time should be granted to consider this appeal pursuant to 33-103.011(b) where I did not receive the impoundment Notice until 6-2-16 to be able to know of the official action taken concerning this issue of Under Lock & Key.

The Notice locks the due duress notice requires in regard to the infringement of my first amendment right to receive this issue of Under Lock & Key in regard to any specific "details" of amendment "the specific written or pictorial matter this is believed to be inadmissable" due to subject matter... [33-501.401](3)(g)... dangerously inflamatory in that it advocates or encourages riot, insurection, disruption of the institution, violation of department or institution rules" and "(3)(m) it otherwise presents a threat to the security, good order, or discipline of teh correctional system or the safety of any person" where the articles noted appear to simply report news or a point of fiew and the "gang sign" is not specified or put in any context.

This issue of Under Lock * Key should be delivered to me.

On May 24, 2016 the Literature Review committee reviewed the subject matter content in question submitted by the institution. It wa sdetermined to contain subject matter that is inadmissible per Rule 33-501.401(3)(m).

The department may prohibit admission of materials or publications if they are determined to be detribmental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disroder at that facility. Chapter 33-501.401 requires that publications be reviewed and a determination made by one institution. The determination made by that institution affects all other institutions; ohowever, as a result of an individual institution's determination, all impounded publications are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Tehrefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.

All publications that have suspeted gang related bheavior are forwarded to the Seurity Threat Group Unit for review and input to the Literature Review committee.

An issue with what is or is not noted on the DC5-101 form is not an Admissible Reading Material issue and should be initiated at the institutional level.

Based on the above information your administrative appeal is dened.

S. Milliken