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Ind. Code § 11-11-3-2

Unlimited correspondence; exceptions; prior approval

Applied in 3 court decisions — leading case Miller v. Duckworth (1992)

Most recently applied in Miller v. Duckworth (May 1992)

As added by Acts 1979, P.L.120, SEC.4

How often courts cite this section

19851990199210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 2. (a) A confined person may send and receive, in any language, an unlimited amount of correspondence to or from any person, except as provided by subsection (b).

(b) The department may require prior approval of correspondence between a confined person and another person if the other person is on parole or:

(1) is being held in a correctional facility;

(2) has been sentenced to a community corrections program;

(3) is being held in a county jail; or

(4) is participating in a work release program;

operated by the department, a county sheriff, a county, the United States, or any state.

(c) If the department determines that the correspondence referred to under subsection (b) is in the best interest of both the confined person and the facility involved, such correspondence shall be permitted.

(d) When the department has prohibited correspondence referred to under subsection (b) it shall follow the procedure for notification and availability of the grievance procedure as provided in sections 4(d) and 4(e) of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.