At least 13 states are replacing physical mail with scanned copies

Prison Policy Initiative updates for November 17, 2022 Exposing how mass incarceration harms communities and our national welfare

Mail scanning: A harsh and exploitative new trend in prisons [[link removed]] In at least 13 states, people in state prisons are falling victim to a scan: Prisons are replacing physical mail with scanned copies, a policy that benefits private companies. [[link removed]]

by Leah Wang

In recent years, many prison systems have either tried or fully implemented a policy that interferes with incarcerated people’s mail in a way we haven’t seen in our many years fighting [[link removed]] to protect family communication behind bars: Prisons are increasingly taking incoming letters, greeting cards, and artwork, making photocopies or digital scans of them, and delivering those inferior versions to recipients. This practice of mail scanning, either performed at the prison itself or off-site using a third-party vendor, strips away the privacy and the sentimentality of mail, which is often the least expensive and most-used [[link removed]] form of communication between incarcerated people and their loved ones.

Prison administrators claim that delivering scanned copies of mail correspondence will stem the flow of contraband — primarily, drugs — into their facilities, but there’s no solid evidence to date that mail scanning has this intended effect. (In fact, some jurisdictions have found the opposite effect [[link removed]] with respect to drugs.) We did a policy and media scan of all 50 state prison systems and the federal prison system, and found that mail scanning is quickly becoming widespread, despite the enormous benefits of genuine mail.

Data was gathered via a survey of correctional departments’ websites. See the appendix table [[link removed]] on our website for more details.

We found 13 state prison systems that are scanning all incoming mail, but we’re confident that this number is an undercount, because we couldn’t verify the status of mail scanning in some other states. Several more states are trialing mail scanning practices in just a few of their facilities, or have correctional policies that allow mail scanning to begin at any facility, at any time. Many more states are likely to be scanning mail before long: Even during the course of our research, one state (Minnesota) implemented a six-month alternative mail delivery pilot [[link removed]] — which includes mail scanning — in some of its facilities. (For details about every state’s prison mail scanning practices, see the appendix table [[link removed]] at the bottom of this briefing.)

Mail scanning happens in locally-run jails, too; in our state-level research, we stumbled upon 15 jails that have banned incoming mail in favor of digitized copies. While most of the local jails we read about implemented mail scanning in 2021 or 2022, we’ve been receiving reports of jails scanning mail since 2017, and we suspect that dozens more jails across the U.S. have done away with delivering real mail.

How does mail scanning work?

As the table above shows, some prisons pay a vendor to scan mail and deliver copies to incarcerated people, while others manage the process internally.

There are two primary methods for delivering scanned mail. Some prison systems deliver printed copies of mail, often including copies of the envelope. (If there’s a limit on the number of pages that can be copied and delivered, the envelope may count toward that limit, as it does in Arkansas.) Other prison systems scan mail and upload it into a digital database, where it’s then viewable on a tablet or a shared kiosk inside a prison. Most states and third-party vendors hold onto original letters and cards for a period of time — several states have a 45-day holding period, for example — but eventually dispose of or destroy them.

The four biggest problems with scanning mail Prisons and jails often switch to scanning mail not out of any concern for safety, but at the encouragement of the same private companies that dominate the prison technology industry. For years, these companies’ strategy for securing contracts has been to offer facilities multiple services “bundled” together, such as phone calls, tablet computers, and mail scanning. Scanning mail pushes incarcerated people to use other, paid communications services provided by the companies: Compared to mail that’s delayed due to scanning procedures, or scanned incorrectly, incarcerated people and their loved ones often understandably switch to electronic messaging (which requires the purchase of digital stamps), phone calls, or video calls.

A number of prison vendors currently bundle mail scanning with other exploitative communications “services”:

We found four third-party vendors scanning incoming mail for state prisons. Not listed here, prison telecom giant ViaPath Technologies (formerly Global Tel*Link, or GTL), offers a mail scanning service branded as “ GettingOut [[link removed]],” but we didn’t find evidence of a prison system using it.

Physical mail carries great sentimental value for incarcerated people, which translates into a more hopeful experience behind bars. In one incarcerated person’s words [[link removed]], “Under the new policy of digitizing mail [in Florida], [we] are losing the visceral experience of touching a letter or smelling perfume on an envelope.” Taking that away has real, measurable consequences for mental health, behavior, and even recidivism [[link removed]] after release. Incarcerated people return to their mail over and over to be reminded of their support networks; scanned mail, on the other hand, is often low-quality or incomplete [[link removed]], lacking the same meaning. Even if contraband occasionally enters prisons through the mail, the practice of scanning all mail senselessly punishes all incarcerated people and their families for a few infractions.

A screenshot from the Missouri Department of Corrections website explaining that mail is important, but not welcome, in its prisons.

This extreme interference with mail will have a chilling effect on correspondence, reducing the overall volume of mail sent into prisons. People who send mail to prisons don’t want their letters and artwork scanned into a searchable database and/or destroyed, two common features of mail scanning. Scanning is a needlessly complicated and costly practice that violates privacy and stifles communication, as we learned when many jails started postcard-only policies [[link removed]]. (This effect may be desirable for prison administrators and correctional staff.) Finally, mail scanning doesn’t work to make prisons safer. In fact, early analyses in Pennsylvania and Missouri suggest that mail scanning is having little to no effect on the frequency of overdoses and drug use, the type of issues that prisons claim mail scanning will address. “Security” measures like mail scanning (as well as banning in-person visitation [[link removed]]) distract from the reality that correctional staff are a major source of contraband in prisons, as a correctional labor union leader himself acknowledged (and as we found in a 2018 survey [[link removed]]). Considering half of people in state prisons meet the criteria for a substance use disorder [[link removed]], prisons would be wise to center their budgets and efforts around drug treatment rather than cutting off a lifeline for everyone.

Mail between incarcerated people and their loved ones has long been surveilled by prison staff, but it remains one of the last bastions of communication that is not intercepted and monetized by private telecom companies. As the organization Just Detention International concluded in their 2021 letter to Attorney General Merrick Garland [[link removed]] expressing outrage at the federal prison system’s mail scanning pilot: “Banning physical mail harms the well-being of incarcerated people, while offering no meaningful benefits.” Prisons and jails shouldn’t make families work even harder to maintain bonds; like other policies that quash communication, the recent trend toward mail scanning must end.

***

For more information, including a 50-state analysis of mail policies and detailed footnotes, see the full version of this briefing on our website [[link removed]].

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Research roundup: The positive impacts of family contact for incarcerated people and their families [[link removed]]

In this briefing [[link removed]] we rounded up over 50 years of empirical evidence that visitation, mail, phone, and other forms of contact between incarcerated people and their families have positive impacts for everyone — including better health, reduced recidivism, and improvement in school.

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Our work is made possible by private donations. Can you help us keep going? We can accept tax-deductible gifts online [[link removed]] or via paper checks sent to PO Box 127 Northampton MA 01061. Thank you!

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