I am writing you this letter to bring to your attention a serious
situation that is about to occur at this facility. On 16 March 2020, the
Acting Warden is about to implement a Draconian, repressive, and
extremely restrictive mail policy. This policy DOES NOT conform
to the Code of Federal Regulations and is in violation of the United
States Postal Regulation.
This policy includes the ability to arbitrarily censor a prisoner’s
mail without warning and without providing any notification that it is
being done. This new policy affects ALL General Correspondence,
which includes letters from families, the courts, religious
organizations, financial institutions, and every other type of
correspondence that is not a newspaper, magazine, or book.
The institution is using the influx of
“spice”
(synthetic marijuana) as an excuse to enact this policy. A review of
the existing Code of Federal Regulations already gives the institution
authority to place a specific prisoner on a restrictive mail policy for
specific reasons (such as introducing or using drugs). This new policy
affects everybody, even though the population that is abusing the drugs
is less than 5%.
Also, the local warden shouldn’t be allowed to enact new rules at the
local level. I wish to provide an example. Let’s say that every local
postmaster could enact local rules. A postmaster in San Francisco could
raise the postage by $0.15 per stamp. A postmaster in Chicago could end
deliveries on Saturdays. A postmaster in New York could dictate that
only mail weighing less than 10oz can be delivered. If every local
postmaster could enact their own postal rules at whim, this would
completely disrupt the delivery of mail across the country, and I am
certain the public wouldn’t allow it.
The most egregious rules are:
All correspondence must be on white paper and in white envelopes,
or it will be rejected. The problem with this is that most courts, and
many businesses, mail documents in manila envelopes.
All accepted correspondence and photos will be removed from the
envelopes and photocopied. The photocopy will be delivered to the
prisoner and the originals will be destroyed. Basically, the Acting
Warden has changed the rules so that he can destroy your property
without your permission. How can an prisoner know if something even
arrived? The mailroom can simply destroy it and no one would be the
wiser. There is no law or federal rule which authorizes the warden to
open up people’s mail and make photocopies. Think of the privacy
concerns. Suddenly the institution is now storing a digital copy of your
private mail somewhere. Are they keeping this in a database for future
review?
I ask the reader to think of the importance of photos in your life.
Childhood photos, wedding photos, graduation photos, vacation photos,
etc. For prisoners who cannot have visits and are locked up for decades,
photos are the single most important way to convey information of loved
ones. To simply replace a quality photo with a cheap photocopy
completely diminishes this important visual connection AND since there
is NO EVIDENCE that photos can be used to hide drugs, this new
rule is arbitrary and capricious and only serves to increases the
hardships and burdens of being in prison.
You (the public) pay the United States Post Office (USPS) a fee to
deliver the mail to the recipient (prisoner). The prisoner has signed a
CONTRACT with the Bureau of Prisons (BOP) to allow them to open
and check the envelope for contraband, then deliver the envelope with
the contents. Now the Warden is violating the terms of this contract
without having the prisoner sign a new contract.
Since this is a NEW RULE, ONLY the agency itself can make this type
of change. In order to do so the agency MUST submit the proposed rule
change to the Director of the Federal Register, who will publish it so
the public can review and comment on the changes. If each local Warden
can suddenly change the rules without following this process, what stops
them from limiting the number of hours to access religious services,
visiting, or access to medical services?
- All correspondence shall have no more than five pieces of white,
single-sided, 8.5” x 11” paper per envelope. A person can currently mail
much more than 5 pieces of paper in an envelope at a cost of $0.15 per
additional ounce. This new rule effectively increases the cost to send
any additional ounces to $0.55. This will negatively impact the
poor.
Also, many organizations, legal firms, businesses, NEED to send in
more than 5 pages, or print on both sides. This new policy will allow
the Warden unlimited power to arbitrarily reject mail he doesn’t like
(ACLU, Prison Legal News, etc.), under the guise that it violates the
page limit rule. Again, there is no security risk to printing on both
sides of a piece of paper or mailing more than 5 pieces in the same
envelope.
- All incoming correspondence shall have envelopes which DO NOT have
mailing labels. All addresses must be written in ink. Many
organizations, legal firms, businesses utilize mailing labels to reduce
costs. Again, this policy allows the Warden to arbitrarily reject mail
that he doesn’t want.
These are just SOME of the new rules the acting warden plans on
implementing on 16 March 2020. This will have numerous negative effects
upon BOTH the public and the prison population. Further, if local
wardens are suddenly granted the power to create any new rule they
desire, without going through the proper process, then the entire
federal system can be abused by a local authority, WITHOUT THE PUBLIC’S
KNOWLEDGE!! The Warden ALREADY has UNDER EXISTING POLICY to reject ANY
Correspondence if it is deemed to have contraband. What ISN’T ALLOWED is
for the Warden to REJECT the Correspondence of ALL PRISONERS simply
because of the Warden’s belief that contraband COULD be in a particular
piece of mail.
As prisoners, we are often forgotten. Everybody hears and sees the
stories of family separation of people from other countries at our
border. But what about the ongoing family separation of our citizens
confined within our prisons? As prisoners confined within these prison
walls, our resources are limited to fight this “EXTREMELY RESTRICTIVE”
mail policy. Most prisoners want to take action but worry about being
harassed and retaliated against by staff when they make their complaints
known. I know this from personal experience. MY personal property has
been gone through and destroyed. My mail is being rejected or “lost.” I
have been threatened with sanctions and retaliatory transfer.
WE NEED YOUR HELP!!! Please contact your local federal representative
(Congressperson or Senator), the Western Regional Director, The BOP
Director, the Director of the Federal Register, the Postmaster General,
post this to your Facebook page, make your feelings known on Twitter,
contact a media representative and ask them to investigate, make a
request to a civil rights organization (ACLU, FAMM, etc.) or a religious
organization and ask for their assistance.
MIM(Prisons) adds: For those of us involved in supporting
prisoners we know that the First Amendment rights to free speech and
association are a constant battle in this country. Fighting censorship
in prisons and combating the unaccountable grievance system where
prisoners are punished for voicing such concerns are part of defending
the basic civil rights of oppressed peoples here in these United $tates.
These petty rules, like the
Michigan
prison that recently censored our mail for having postage stamps on
it, are a blatant effort to silence certain voices and to needlessly
deprive prisoners of the things that can help them.
FCI Lompoc can be contacted at: 3600 GUARD ROAD LOMPOC, CA 93436
Email: LOX/ExecAssistant@bop.gov Phone: 805-736-4154
We encourage people to write and call to express their concerns about
the proposed policies. It seems that they may have already gone into
place based on the timeline our comrade provided above. We will update
this article as we find out more. Please email us with your updates or
any reports on your attempts to contact the BOP on this issue.