SECTION 343.362. Limitations on Mail

(a) A resident's rights to privacy and correspondence may not be limited except when:

(1) a reasonable belief exists that the correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility or to violate state or federal laws. If a reasonable belief exists, 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; or

(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 policies, procedures, and practices that restrict and/or limit residents' correspondence with:

(i) other facility residents;

(ii) witnesses or parties in law enforcement investigations or investigations before the court;

(iii) participants in pending or active court proceedings; and/or

(iv) victims attached to related juvenile or criminal referrals, investigations, or related proceedings; or

(C) a specific list of individuals furnished by a resident's parent, legal guardian, or custodian.

(b) Incoming correspondence described in subsection (a)(2) of this section shall be returned unopened to the sender.

(c) When mail is withheld from a resident, the reasons shall be documented and a copy shall be maintained in the resident's file.

Source Note: The provisions of this §343.362 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243