Title 37, Chapter 4, Section 102
( 37-4-102)
(a) Each client in a facility shall have the right to communicate
freely and privately with persons outside the facility and to
receive visitors inside the facility. (b) Except as otherwise provided in this Code section, each client
shall be allowed to receive and send sealed, unopened mail; and no
client's incoming or outgoing mail shall be opened, delayed, held,
or censored by the facility. (c) If there are reasonable grounds to believe that incoming mail
contains items or substances which may be dangerous to the client or
others, the superintendent may direct reasonable examination of such
mail and, after examination, may regulate the disposition of such
items or substances therein found. All writings must be presented to
the client within 24 hours of inspection. (d) The superintendent may apply to the court for a temporary order
to restrict outgoing mail. If the court determines that probable
cause exists that such mail is dangerous to the client or others,
the court may order such mail temporarily restricted, provided that
a full and fair hearing shall be held within five days after the
issuance of such temporary order to determine whether or not an
order of restriction for an extended time shall issue. In no event
shall mail be restricted pursuant to such temporary order for more
than five days after the date of the temporary order. A full and
fair hearing shall be held after the issuance of the temporary
order. If, at such hearing, the client's outgoing mail is determined
to be dangerous to the patient or others, the court may order such
mail restricted for an extended period not to exceed 30 days.
Restrictions for extended periods may be renewed for additional
periods not to exceed 30 days each, provided that no such
restriction shall be renewed except upon a renewed finding, at
another full and fair hearing for each such renewal, that such mail
is dangerous to the client or others. (e) If an injunction against the sending of mail by a client is
issued by a court, the superintendent shall restrict outgoing mail
as provided by the order of the court. (f) No restrictions of either incoming or outgoing mail under
subsection (c) or (d) of this Code section shall exceed a period of
five days, notwithstanding the authority to restrict such mail for
longer periods, provided that such restrictions may be continued as
necessary for periods not to exceed five days each upon
determination by the superintendent, prior to each continuation,
that such mail continues to be dangerous to the client or others;
provided, further, that, in the case of outgoing mail, such
continuation periods in the aggregate shall not exceed the
restriction period authorized in the court order. (g) Correspondence of the client with his attorney shall not be
restricted in any manner under this Code section. Correspondence of
the client with public officials shall not be restricted in any
manner under subsection (c) of this Code section. (h) Each time a client's incoming mail is ordered examined by the superintendent and each time a client's outgoing mail is ordered examined by a temporary court order, written notice of such order and notice of a right to a full and fair hearing within five days after such temporary court order shall be served on the client and his representatives as provided in Code Section 37-4-107. (i) The circumstances surrounding the examination of any mail under
subsection (c), (d), (e), or (f) of this Code section shall be
recorded on the client's clinical record. (j) The superintendent is authorized to establish reasonable
regulations governing visitors, visiting hours, and the use of
telephones by clients. |