LOUISVILLE, Ky. (WDRB) -- The Kentucky Department of Corrections will use a new system for processing legal mail as part of a settlement reached with the American Civil Liberties Union of Kentucky.
The ACLU filed a lawsuit in October 2021 arguing that, in the past, the DOC had allowed legal mail to be opened in the presence of an inmate to inspect for contraband only. The suit claimed several of the department's facilities had been taking away legal mail and photocopying it, giving the copy to an inmate instead of the original version "without formally changing" its mail policy.
In most cases, the ACLU argued, the copy was not complete and the original mail was left available for others to read. The lawsuit, filed along with the Department of Public Advocacy, claimed these actions were a violation of the First and Fourteenth Amendments and "several Kentucky statutes" and requested the court to suspend the new practices.
According to a news release from the ACLU of Kentucky on Thursday, a settlement was recently reached in the case.
As part of the settlement, the DOC agreed to use a new system for "processing privileged legal mail." Additionally, lawyers will be required to register with the DOC. Once that happens, they will be given a unique ID number. The ACLU said when attorneys send "privileged mail" to inmates, they will get a secondary code for each piece of mail.
"If the codes are used properly, DOC will not copy the mail, and will deliver the original legal mail to the recipient," the ACLU said in a news release.
The new system began as a pilot project on Aug. 1, which is still ongoing. If the pilot is a success, the system will become permanent as of Jan. 1, 2023. The ACLU said regardless of the system being implemented, the DOC will stop copying mail effective Jan. 1.
The settlement also includes more strict requirements for how the DOC copies mail when a lawyer chooses not to use the new code system.
To read the settlement in full, click here.
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