will review the following scenario, analyze the facts, and prepare a
recommended course of action for the Commissioner of Corrections.
format for the opinion is as follows:
Using the following outline:
(1 paragraph each)
(including applicable case law)
Stick to the facts presented. There is no value in repeating in your paper
significant parts of the information already provided in the Project
Department of Correction has recently adopted a new mail policy.
Effective immediately, all inmate correspondence, both incoming and outgoing,
must be on 5×7 inch pre-stamped postcard. In addition, the policy
restricts the color of ink that can be used; and requires that the return
address be printed or written rather than being placed on an adhesive label.
Commissioner held a press conference and explained that there were two reasons
for the policy change. The first reason for the change was that there has
been a significant increase in the amount of contraband being confiscated
through the mail. The second reason given was that due to the volume of
mail being received in institutions it is close to impossible to manage the
mail processing operation; he stated that there is very limited space available
to secure the mail, and that the number of Correction Officers required to
process the mail daily is becoming a significant drain on the staffing
requirements at facilities. The Department of Correction reported that it
is currently 400 Correction Officers below the appropriate staffing
levels. The Commissioner further reported that the Department must compensate
for the staffing shortages by employing staff on overtime shifts and by closing
inmate programs in order to assign staff to more important security posts.
5×7 postcards are available for purchase in the inmate Commissary at a cost of $.50
each. The Commissioner stated that indigent inmates will be provided with
three free postcards per week, providing that the meet the Departments
definition of indigence. The policy states that to be considered
indigent, an inmate’s commissary account must have less than a $10.00 balance
for 45 days prior to the request for indigent supplies.
can be expected, several civil suits have been filed by both inmates and inmate
advocacy groups. The various suits claim that the policy change is
a violation of the inmates’ First Amendment Rights, an invasion of privacy, and
it interferes with the inmates’ access to the courts. The complaints
further state that the policy changes are harassment, because they do not serve
a legitimate correctional purpose; the majority of prisons and jails, in the
country, manage to process letters and packages, without resorting to such
addition to the civil suits filed by the inmates and advocacy groups, several
legislators have demanded that the Commissioner immediately rescind the new
policy and return to the previous method of managing the mail process.
There have also been several editorials in the state’s major newspapers
condemning the changes as being unnecessary and having no purpose other than to
harass inmates and their families.
should be a minimum of 2,000 words (or eight pages) in APA format
APA citations for all sources
reference page using APA format guidelines (not included in word count)
– Create a cover page for your assignment (not included in word count)
title and number