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Arizona Revised Statutes Title 13. Criminal Code § 13-4411.01. Notice of right to request not to receive inmate mail

Current as of March 08, 2022 | Updated by FindLaw Staff

A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household, to request not to receive mail from the inmate who was convicted of committing a criminal offense against the victim. The notice shall:

1. Be made on the postconviction notice request form provided by the prosecutor to the victim pursuant to § 13-4411.

2. Inform the victim of the right of the victim, or any member of the victim's family or household who is denoted by the victim on the form, to request not to receive mail from the inmate.

3. Instruct the victim how to file the completed request form with the state department of corrections.

4. Include the following statement:

“If the defendant is incarcerated in the state department of corrections, you have the right to request that the defendant not send you, members of your family or members of the victim's household mail. If the defendant sends you or your family or household members mail after you have made this request, you or the members of your family or household have the right to report the incident to the state department of corrections for sanctions against the defendant.”

B. On receipt of a postconviction notice request form in which a request not to receive inmate mail is indicated, the state department of corrections shall notify the inmate of the request and that sending mail to the victim, or the family or household members who are denoted by the victim, will result in appropriate sanctions, including reduction or denial of earned release credits and review of all outgoing mail.

C. The department shall not knowingly forward mail addressed to any person who requests not to receive mail, pursuant to this section, is not to receive mail.  1

1 So in original. The phrase, “, is not to receive mail” should not have been included in the addition of the section by Laws 1999, Ch. 281.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 13. Criminal Code § 13-4411.01. Notice of right to request not to receive inmate mail - last updated March 08, 2022 | https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-4411-01/

Read this complete Arizona Revised Statutes Title 13. Criminal Code § 13-4411.01. Notice of right to request not to receive inmate mail on Westlaw. Westlaw subscription required.

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