Michigan prisons institute new requirements for legal mail

The Michigan Department of Corrections is instituting a new mail policy that will directly impact attorneys.  

Attorneys sending mail to any Michigan prison will be required to register with a new program that creates QR codes so MDOC officials can confirm the package is legitimate legal mail.  Attorneys can begin signing up to participate starting November 1, 2024, at www.textbehind.com/docs.

The regulation applies to any legal mail sent to any Michigan correctional facility that an inmate designates as needing “special handling.” Mail from an attorney, law firm, legal service organization, court and prosecutors’ offices is included.  

Beginning January 13, 2025, MDOC will begin rejecting legal mail that does not have a QR code issued by TextBehind.  

TextBehind will create a unique QR code for each piece of mail. The QR code can be printed directly on an envelope or printed and attached anywhere on the outside of the package, according to the MDOC. When the facility receives that mail, officials can scan it to verify that the legal mail is legitimate and deliver the original mail to the prisoner.

When registering for TextBehind, attorneys will need to provide a copy of their state-issued photo identification and their Bar Card.  

The new requirements apply to mail sent to all state prisons, but not county jails.

According to MDOC officials, the new system is aimed at eliminating drugs and contraband reaching inmates. The MDOC photocopies all regular mail that prisoners receive. However, MDOC cannot open an inmate’s legal mail and must provide inmates with originals.   

The State Bar of Michigan was not involved in the decision to use TextBehind nor is it involved in the implementation of the new system. We are sharing information as a service to Michigan attorneys to help them prepare for the MDOC change.  

For more information, visit www.michigan.gov/corrections/textbehind. 

Posted November 1, 2024