(a) General correspondence means incoming or outgoing correspondence other than special mail. General correspondence includes packages sent through the mail.
(1) Open general correspondence means general correspondence which is not limited to a list of authorized correspondents, except as provided in § 540.17.
(2) Restricted general correspondence means general correspondence which is limited to a list of authorized correspondents.
(b) Representatives of the news media means persons whose principal employment is to gather or report news for:
(1) A newspaper which qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of “general circulation” if it circulates among the general public and if it publishes news of a general character of general interest to the public such as news of political, religious, commercial, or social affairs. A key test to determine whether a newspaper qualifies as a “general circulation” newspaper is to determine whether the paper qualifies for the purpose of publishing legal notices in the community in which it is located or the area to which it distributes;
(2) A news magazine which has a national circulation and is sold by newsstands and by mail subscription to the general public;
(3) A national or international news service; or
(4) A radio or television news program, whose primary purpose is to report the news, of a station holding a Federal Communications Commission license.
(c) Special mail means correspondence sent to the following: President and Vice President of the United States, the U.S. Department of Justice (including the Bureau of Prisons), U.S. Attorneys Offices, Surgeon General, U.S. Public Health Service, Secretary of the Army, Navy, or Air Force, U.S. Courts (including U.S. Probation Officers), Members of the U.S. Congress, Embassies and Consulates, Governors, State Attorneys General, Prosecuting Attorneys, Directors of State Departments of Corrections, State Parole Commissioners, State Legislators, State Courts, State Probation Officers, other Federal and State law enforcement offices, attorneys, and representatives of the news media.
Special mail also includes correspondence received from the following: President and Vice President of the United States, attorneys, Members of the U.S. Congress, Embassies and Consulates, the U.S. Department of Justice (excluding the Bureau of Prisons but including U.S. Attorneys), other Federal law enforcement officers, State Attorneys General, Prosecuting Attorneys, Governors, U.S. Courts (including U.S. Probation Officers), and State Courts. For incoming correspondence to be processed under the special mail procedures (see §§ 540.18-540.19), the sender must be adequately identified on the envelope, and the front of the envelope must be marked “Special Mail—Open only in the presence of the inmate”.
Notes of Decisions
Clarence Schreane v. Ronnie Holt, 482 F. App'x 674 (3rd Cir. 2012).
· cites it 2× “To receive special handling, the incoming mail must be marked “Special Mail-Open only in presence of the inmate” and the sender must be adequately identified on the envelope. 28 C.F.R. 540.2(c), 540.”
Jordan v. Pugh, 504 F. Supp. 2d 1109 (D. Colo. 2007).
“Such definition does not appear in any particular regulation, but apparently is drawn from the provisions of 28 C.F.R. § 540.2 (b) which defines "representatives of the news media" as persons whose principal employment is to gather or report news for: a.”
Chinchello v. Fenton, 805 F.2d 126 (3rd Cir. 1986).
“28 C.F.R. §§ 540.2 , 540.18 (1986). . At oral argument, Scott's counsel acknowledged that he had not asserted qualified immunity in the district court.”
Gilliam v. Quinlan, 608 F. Supp. 823 (S.D.N.Y. 1985).
“28 C.F.R. § 540.2 (a)(2) (1983). § 540.14 Restricted General Correspondence .”
Intersimone v. Carlson, 512 F. Supp. 526 (M.D. Penn. 1980).
· cites it 2× “Hereafter, the Court will cite these regulations, contained in 28 C.F.R. §§ 540.2 , 540.10-22, by reference to their C.”
Heimerle v. Attorney Gen., 753 F.2d 10 (2d Cir. 1985).
“28 C.F.R. § 540.2 (c). All incoming general correspondence is opened and inspected for contraband and may be read by prison staff “as frequently as deemed necessary to maintain security or monitor a particular problem confronting an inmate.”
Jack Jersawitz v. Jack Hanberry, 783 F.2d 1532 (11th Cir. 1986).
“The Warden denied Jersawitz access to the penitentiary on the ground that he was not a representative of the news media as that term is defined in the media access regulation established by the Bureau of Prisons, 28 C.F.R. Section 540.2(G)(4). The regulation governs federal…”
— 28 C.F.R. § 540.2(G)(4) — 1 case
Jack Jersawitz v. Jack Hanberry, 783 F.2d 1532 (11th Cir. 1986).
“The Warden denied Jersawitz access to the penitentiary on the ground that he was not a representative of the news media as that term is defined in the media access regulation established by the Bureau of Prisons, 28 C.F.R. Section 540.2(G)(4). The regulation governs federal…”
— 28 C.F.R. § 540.2(c) — 3 cases
Clarence Schreane v. Ronnie Holt, 482 F. App'x 674 (3rd Cir. 2012).
“To receive special handling, the incoming mail must be marked “Special Mail-Open only in presence of the inmate” and the sender must be adequately identified on the envelope. 28 C.F.R. 540.2(c), 540.”
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