Sec. 7334.3. Incoming youth correspondence

(a) Incoming youth correspondence, other than privileged correspondence, may be opened and inspected outside the presence of the intended youth recipient solely to ensure the absence of contraband.

(b) Incoming youth correspondence shall not be read except pursuant to written order of the director, or designee. Such written order shall state the specific facts and reasons why such action is necessary to maintain the safety, security, or operational stability of the facility, or the safety, security, or health of a person.

(1) A copy of any order made pursuant to this subdivision shall be forwarded by the director, or designee, to the intended youth recipient unless doing so would interfere with an ongoing investigation.

(2) A written record of correspondence read pursuant to this subdivision shall be maintained by the director. Such record shall include:

(i) the name of the sender;

(ii) the name of the intended youth recipient;

(iii) the date the correspondence was read; and

(iv) the name of the reader.

(c) Should the director, or designee, upon reading any incoming youth correspondence pursuant to subdivision (b) of this section, determine that such correspondence or any portion thereof constitutes a threat to the safety, security, or operational stability of the facility, or the safety, security, or the health of a person, except as provided in subdivision (d) of this section, the director, or designee, shall return the correspondence to the sender. A written statement setting forth the specific facts and reasons underlying the determination will be retained in the youth's record. A copy of such written statement shall be forwarded to the intended youth recipient. Any reading or determination made pursuant to this subdivision shall be completed by the director, or designee, within five business days after receipt of the correspondence at the facility.

(d) When any incoming youth correspondence read pursuant to subdivision (c) of this section may involve a criminal offense, it shall be forwarded to the director for appropriate disposition in accordance with facility procedures.