The Michigan Department of Corrections (MDOC) is instituting a pol
icy that will directly impact attorneys communicating with incarcerated clients via regular mail.
Beginning Jan. 13, 2025, attorneys sending mail to any Michigan prison will be required to register with a new program that creates QR codes that allow MDOC officials to confirm that the package is legitimate legal mail. MDOC will begin rejecting legal mail without a QR code issued by TextBehind after Jan. 13.
Attorneys can sign up to use TextBehind at textbehind.com/docs.
The policy is aimed at reducing the amount of contraband that makes its way into correctional facilities. Prisons have long had problems with drugs and other contraband, and mail is one of the chief ways drugs are smuggled inside. For example, paper can be laced with different drugs that inmates are able to extract and use.
Officials say that impersonating attorneys is one way people have sought to smuggle drugs into prisons, and some are skilled at doing so.
Currently, MDOC officials photocopy all mail that inmates receive to prevent drugs or contraband from coming in, but any mail designated as needing “special handling” is the exception. That includes what is commonly referred to as “legal mail” — mail from an attorney, law firm, legal service organization, and court and prosecutors’ offices. Such mail can’t be opened by officials without the recipient inmate present.
To verify mail, MDOC has had to contact attorneys on a case-by-case basis for every piece of legal mail, a process they say is cumbersome and can delay delivery.
TextBehind will create a unique QR code for each piece of mail. That 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 the legal mail, officials can scan it, verify that it is legitimate, and deliver it to the prisoner.
Attorneys registering for TextBehind 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.
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. The Bar is sharing information as a service to Michigan attorneys to help them prepare for the MDOC change.
For more information, visit michigan.gov/ corrections/textbehind.