By Raul Hernandez
Ventura County Star
VENTURA COUNTY, Calif. — The case to determine whether county jail inmates should be able to receive and mail letters instead of postcards is making its way through the courts, a constitutional issue that could eventually be settled in state and federal courts of appeal. Attorneys for the inmates and county jail officials agree prisoners have a constitutional right to send and receive mail. But they disagree on what type of mail that can include.
The Ventura County Public Defender’s Office recently filed a legal petition saying the jailhouse rule enacted last year limiting inmates to postcards restricts free speech and is unconstitutional. The office has asked the court to order an end to the practice.
Sheriff’s officials argue the rule was enacted to keep jails safe and stop drugs from entering via mail.
The county jail rule states inmates can only mail and receive postcards no smaller than 4 inches by 6 inches and no larger than 6 inches by 11 inches. Letters aren’t permitted. In addition, inmates are allowed visits, and they can make phone calls, say sheriff’s jail officials.
Inmate-lawyer correspondence is exempt from the rule, say jail officials.
The case is heading to an evidentiary hearing before Ventura County Superior Court Judge Rebecca Riley. Citing two federal court cases, Riley said this month in a court document that the rule about incoming mail to the inmates may be appropriate. However, the judge wants authorities to justify imposing the same rule to outgoing mail sent by inmates to their family or others.
Attorney Alan Witsotsky, who is representing the sheriff’s department, said Tuesday the evidentiary hearing could be held within 90 days.
Witsotsky said Riley wants to hear the evidence and the legal authority supporting the position of both sides. She rejected a legal motion filed by his law firm to immediately dismiss the public defender’s petition because, she said, sufficient issues were raised that need to be addressed, according to Witsotsky.
Chief Deputy Public Defender Michael C. McMahon, who filed the legal petition on behalf of inmates, said the case could eventually end up in state and federal appeals courts.
McMahon said the judge is ‘struggling to impose’ a policy for limiting outgoing mail from inmates to postcards. He believes the judge wants more information about why inmates would want to smuggle drugs from the jail to the community using letters.
Witsotsky said the postcards-only policy on outgoing mail is based on security concerns.
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