Tracking Prison Censorship in the United States

To the Publisher:

You are hereby advised that the following issue(s) of publication(s) sent to an offender of the Virginia Department of Corrections have been disapproved for delivery to offenders of the Department:

MIM Theory #7, 1995.

for the following reasons:

D. Material, documents, or photographs that emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or federal laws or the violation of the Offender Disciplinary Procedure.

you may obtain an independent review of this decision by writing, within fifteen calendar days, to the Deputy Director, Division of Operations, Virginia Department of Corrections, P.O. Box 26963, Richmond, Virginia 23261.

Sincerely,

Melissa Welch
Chairman, Publication Review Committee

I have reviewed your grievance appealing the decision of the Publication Review Committee to disapprove publication "MIM Theory #7".

In accordance with Operating Procedure #803.2-Incoming Publications, approval to order or subscribe a publicaiton is not a blanket approval to receive the publication; each issue will be reviewed at the facility prior to delivery to offenders. The Warden or his desinee should disapprove any publicaiton for receipt and possession by the offender if it is on the Disapproved Publication List or it can be documented to contain material that violates Operating Procedure #803.2, as specifically listed in 803.2 Section IV (D&F).

River North Correctional Center denied the publication and the decision was sustained by the Publication Reivew Committee on September 14, 2016, which based its decision on a violation of Operating Procedure #803.2, IV, Section H (D&F):

D. Material, documents, or photographs that emphasize depiction or promotion of violence, disorder, insurreciton, terrorist, or criminal activity in violation of state or federal laws or the violation of the Offender Disciplinary Procedure.

F. Material that depicts, describes, or promotes gang bylaws, initiations, organization structure, codes, or other gang-related activity or association.

I have considered your appeal of the Committee's decision and determined the Publicaiotn review committee disapproved the publication in accordance with Operatin gProcedure #803.2, Incoming Publications. Therefore, I am upholding the Committee's decision. Your grievance is UNFOUNDED. You have exhausted all administrative remedies.

Signed: A. David Robinson, Chief of Corrections Operations

I have reviewed the list of denied publications that is posted by the DOC Security Chief in Madison. This issue is listed as not allowed based on DOC 309.04 4 (c) 8b. Poses a threat to the security. Based on the fact that the denial was upheld by the DOC Security Chief, and after review by the ICE, WCI will also deny the publication for inmate possession.

Based on the above information, inmate XXXXXX must dispose of the publication and contact the property department to facilitate that disposal. If he is appealing he will also need to contact the Property Department.

signed by T. Moon - Institution Complaint Examiner

I was denied delivery of my mail. The July/August 2016 (#51) issue of Under Lock & Key. This publication is purely political and does not contain a threat to security. Please let me have my mail.

The institution's decision reasonably and appropriately addressed the issue raised by this inmate. On appeal, the inmate presented no information to warrant a recommendation overturning that decision. per DAI this has been denied in accordance with DOC 309.04(4)(c)(8)(b). Thus, it is recommended this appeal be dismissed.

Signed B. Hompe - Corrections Complaint Examiner
Approved by C. O'Donnell - Office of the Secretary

I've read this publication many times before and never felt like I hda to start a riot because of it or anything like that. It's strictly political and a reviw of the material will support that you guys don't need to be this restrictive. It's not necessary. You guys are pushing too hard.

A decision was made on your appeal and that decision is final. There will be no further review of that complaint. Your use of the "Request for Review of Rejected Complaint" form is misplaced. Your complaint was not rejected. it was dismissed. Once you receive a decision from the Office of the Secretary, that decision is final and there will be no further review.