Community Grievance Decision Digest

MAIL, PERSONAL

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.      ...to...have reasonable access to letter writing materials including postage stamps. A patient shall also have a right to send sealed mail and receive sealed mail to or from other persons, subject to physical examination in the patient's presence if there is reason to believe that such communication contains contraband materials or objects which threaten the security of patients, prisoners or staff.  Such reasons shall be written in the individual's treatment record.  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