Tracking Prison Censorship in the United States

This is a grievance pursuant to 33-501.401(13)(6) ("publication...impounded...file grievances direct to the Secretary") of the impoundment of my March/April 2016 issue of Under Lock & Key #49. See notice attached dated 5-18-16 received 6-2-16.

An extension of time should be granted to consider this appeal pursuant to 33-103.011(b) where I did not receive the impoundment Notice until 6-2-16 to be able to know of the official action taken concerning this issue of Under Lock & Key.

The Notice locks the due duress notice requires in regard to the infringement of my first amendment right to receive this issue of Under Lock & Key in regard to any specific "details" of amendment "the specific written or pictorial matter this is believed to be inadmissable" due to subject matter... [33-501.401](3)(g)... dangerously inflamatory in that it advocates or encourages riot, insurection, disruption of the institution, violation of department or institution rules" and "(3)(m) it otherwise presents a threat to the security, good order, or discipline of teh correctional system or the safety of any person" where the articles noted appear to simply report news or a point of fiew and the "gang sign" is not specified or put in any context.

This issue of Under Lock * Key should be delivered to me.

On May 24, 2016 the Literature Review committee reviewed the subject matter content in question submitted by the institution. It wa sdetermined to contain subject matter that is inadmissible per Rule 33-501.401(3)(m).

The department may prohibit admission of materials or publications if they are determined to be detribmental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disroder at that facility. Chapter 33-501.401 requires that publications be reviewed and a determination made by one institution. The determination made by that institution affects all other institutions; ohowever, as a result of an individual institution's determination, all impounded publications are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Tehrefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.

All publications that have suspeted gang related bheavior are forwarded to the Seurity Threat Group Unit for review and input to the Literature Review committee.

An issue with what is or is not noted on the DC5-101 form is not an Admissible Reading Material issue and should be initiated at the institutional level.

Based on the above information your administrative appeal is dened.

S. Milliken

Denied: Promoting violence
(no other info given)

My mail has been withheld from me. I was told it promotes violence. You can see that I had a mailroom pass on the 10th. Well on the 13th I went to talk to the mailroom lady. I was told my mail was a bunch of garbage, trash, filth, and a waste of ink. I asked to appeal the denial and was told NO. I got told to come back and talk to the one who is over her. I finally got the chance today (6/21).

Now Ms. Orsak was the one who made comments about the item being garbage, trash, filth, and a waste of ink. Today Ms. Hall held up her decision. It goes to the DRC for their decision. Now it was not denied in TDC nowhere else, why here? Please help me out or let me know something. Just another day in the system.

I have reviewed the list of denied publications that is posted y the DOC Security Chief in Madison. The issue is listed as not allowed based on DOC 309.05 2(b)1. 1. Teach or advocate violence. After review andbased on the fact that the denial of the publication wasupheld by the DOC Security Chief, WCI will also deny the pu lication for inmate possession.

Based on the aboe infromation, inmate XX must dispose of the publication and contact the Property Deparment to facilitate that disposal.

Signed T. Moon - Institution Complaint Examiner

Please be advised that the following publication has been denied to all inmates housed in the Pennsylvania Department of Corrections:

Under Lock & Key, #50, May/June 2016

The publication was denied for the following reasons:

Information on pages 17-18 incites inmates to demonstrate, which could cause a threat to inmates, staff or facility security.

If you would like to appeal this decision, you have 15 working days to set forth the reasons why the decision to deny the publicaiton was erroneous. Responses must be sent to:

Office of Policy, Grants and Legislative Affairs
PA Department of Corrections
1920 Technology Parkway
Mechanicsburg, PA 17050


To review PADOC publication policies, please see www.cor.pa.gov

I disagree with the impoundment of my publication Under Lock and Key issue March/April 2016 #49 that was impounded on May 20 2016.

The Super Bowl Halftime Report (page 10-11) isn't inflammatory becasue the incident(s) that took place at the super bowl has been publicized by the NPR news stateion and many other radio outlets which haven't canceled an issue yet.

Community education (page 17) isn't a threat.

Page 17 doesn't have gang signs and even if it does, they are not pictured in a disrespectful manner that would cause anger.

On May 24, 2016 the Literature Review Committee reviewed the subject matter content in question submitted by the institution. It was determined to contain subject matter that is inadmissible per Rule 33-501.401 (3)(m).

The department may prohibit admission of materials or publications if they are determined to be detrimental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disorder at that facility. Chapter 33-501.401, requires that publications be reviewed and a determination made by one institution. The determination made by that institution affects all other institutions; however, as a result of an individual institution's determination, all impounded publications are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Therefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.

All publications that have suspected gang related behavior are forwarded to the Security Threat Group unit for review an input to the Literature Review Committee.

It is not within the inmate's scope of responsibility to determine what is a violation of Ch. 33-501.401, determine a credible threat to the security of a compound/facility or decide of an impoundment/rejection is frivolous.

Based on the above information your administrative appeal is denied.

S. Milliken

Recently I got some material from the Strugglen Artists Association which I paid to have sent back. Please resend but note don't send more than 5 items at a time. Y'all sent 9 items that time and recently I found our I can only get 5 items at a time according to the mailroom supervisor. Did you get the Strugglen Artists Association material you all sent to me back? (as of 6/27/16, no, MIM Dist did not get the materials back)

Response: "unfortunately I do not know about march/april issue. I do know that all the above issues you mentioned have been rejected by LRC. I will contact property to confiscated the rejections mentioned above."

Your request for administrative review has been received in non-compliance with Chapter 33-501.401 (13)(a)(2). A copy of the Notice of Rejection or Impoundment of Publications was not attached. Therefore, your grievance is being returned without action."

ULK was rejected without a copy of notice of rejection or impoundment of publication being given to prisoner. Requests copy of this notice.

An investigation reveals the following:

Ms. Page in the mailroom was interviewed and stated that the mailroom does not keep record of inmates receiving the mentioned Magazine. Unless, it is impounded or rejected and she has no record of this.

Based on the foregoing, your Request for Administrative Remedy is DENIED.