(a) Authorized Limitations. A resident's rights to
privacy and correspondence may not be limited except when:
(1) a reasonable belief exists to suspect that the
correspondence is part of an attempt to formulate, devise, or otherwise
effectuate a plan to violate a court order or state or federal laws.
If such cause exists, then facility staff shall:
(A) ask the resident's permission to read the letter;
(B) if permission is denied, request a search warrant
prior to opening and reading the letter; and
(C) if a search warrant request is denied, the correspondence
shall be provided to the resident;
(2) correspondence with certain individuals is specifically
forbidden by:
(A) the resident's juvenile court-ordered rules of
probation or parole;
(B) the facility's rules of separation; or
(C) a specific list of individuals furnished by a resident's
parents, legal guardian, or custodian indicating who they feel should
not communicate with the resident.
(b) Returning Mail. Incoming correspondence described
by subsection (a)(2) of this section shall be returned unopened to
the sender.
(c) Withholding Mail. When mail is withheld from the
resident, the reasons shall be documented and a copy placed in the
resident's file.
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