By Hunter Briggs
In July 2024, the Oregon Department of Corrections (ODOC) filed a “notice of proposed rulemaking” that outlined changes for incoming mail sent to adults in custody. The rule change in the notice proposed new restrictions on the types of envelopes and paper, and the use of certain materials related to incoming mail.
I fear this ODOC rule change will increase the suffering of countless more adults in custody.
Specifically, this rule change proposed (1) prohibiting the use of crayons, markers and colored pencils on incoming mail, (2) prohibiting incoming greeting cards, post cards other cardstock, and paper other than standard-weight (20 pounds or less) white paper, and (3) prohibiting the use of commercially produced envelopes both non-white and larger than 9 x 12 inches.
The proposed rule change was accepted and eventually implemented for all mail postmarked after Jan. 13, 2025.
ODOC contends that this rule change will help prevent the “introduction of illicit drugs into Department of Corrections facilities,” as part of its efforts to combat allegedly heightened drug presence in prisons — particularly with respect to fentanyl and other opiates.
Further, in its notice, ODOC claims that these changes will not negatively impact its economic interests or racial equality within its facilities; in fact, ODOC maintains that this move will “positively impact” communities of color by creating “a culture of inclusivity, normalization and humanization,” through prioritizing health and safety.
ODOC does not seem to have publicly acknowledged how this rule change could negatively impact adults in custody or their families on the outside.
Conversely, members of the public and other civil rights organizations such as the Oregon Justice Resource Center (OJRC) assert that these changes are harmful not only to adults in custody, but also to their families and friends.
For instance, this rule change would prevent children from sending their incarcerated family members drawings in crayon, colored pencil or marker, because the only accepted forms of writing/drawing on incoming mail can be done in pen or lead pencil (or printer ink).
This strict allowance of limited writing/drawing mediums prevents adults in custody from receiving colorful art from children, friends and other family, to make their confined, institutional surroundings somewhat livelier and more reminiscent of those they love.
Interestingly, the OJRC notes that the Department of Corrections has not published any data or evidence to back its claim that increased amounts of illicit drugs are entering their facilities through incoming mail to justify this rule change, which is worth noting.
I think this rule change was a very bad idea. First, a uniquely punitive logic underlies this rule change, and it mirrors what corrections/rehabilitation departments are doing in other states, like California, Georgia and Texas.
For instance, in San Mateo County, California, adults in custody are not allowed to receive physical mail at all and must instead read/view their mail electronically. Given the harsh, nondescript and inherently punitive reality of living life in a cell, limiting adults in custody from receiving colorful stationary or cardstock seems cruel, even if done to promote health and safety.
Second, I do not think this rule change will significantly stop the flow of fentanyl and other illicit drugs into Oregon prisons. It is well documented that a majority of drugs smuggled into prisons come from prison staff and not from mail.
Although the amount of fentanyl required to kill a human is very small, the feasibility that large amounts of illicit drugs are coming into prisons through crayon or colored pencil drawings, or even colored paper or cardstock, seems incredibly small at best, and generally absurd to base such a sweeping rule change on.
Finally, rule changes such as this pave the way for ODOC to make other seemingly small systemic changes that will ultimately contribute to further seclusion and demoralization of adults in custody.
Indeed, ODOC could mirror what San Mateo County is doing and prohibit inmates from receiving all physical mail in the name of health and safety, which would significantly impact adults in custody and their relations on the outside.
Additionally, moves like this on the part of the Department of Corrections — in the absence of increasing funding for treatment programs that could, in theory, reduce demand for illicit drugs in prisons — echoes a history of carceral approaches that neglect rooting out the causes of harm and instead punish individuals who are already harmed.