Community Grievance Decision Digest

MAIL, LEGAL

THE LAW:

Each patient shall... "Have the rights specified under subd. 1. to send sealed mail and receive sealed mail, subject to the limitations specified under subd. 2.

1.      Patients have an unrestricted right to send sealed mail and receive sealed mail to or from legal counsel, the courts, governmental officials, private physicians and licensed psychologists, and have reasonable access to letter writing materials including postage stamps...  The officers and staff of a facility may not read any mail covered by this paragraph.

2.      The rights of patients detained or committed under ch. 980 to send and receive sealed mail are subject to the following limitations...”

§ 51.61(1)(cm), Wis. Stats. [Emphasis added.]

"(1) Each inpatient shall be allowed to send and receive sealed mail in accordance with s. 51.61(1)(cm), Stats., and this section.

(2) Any inpatient who has been determined indigent under the facility's operating policies shall, upon request, be provided with up to 2 stamped non-letterhead envelopes each week and with non-letterhead stationery and other letter-writing materials.

(3) Mail shall be delivered to inpatients promptly by the facility's normal distribution procedures.

(4) Upon request of an inpatient or his or her guardian, mail shall be opened by a facility staff member and read to him or her.  The initial request shall be documented in the treatment record."

HFS 94.19, Wis. Admin. Code [Emphasis added.]

DECISIONS:

[None at this time.]

Last Updated: November 08, 2006