New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 721 - Privileged Correspondence › Section 721.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Note:
Unless otherwise provided for in this directive, the general
				  correspondence procedures set forth in Part 720 of this Title, "Inmate
				  Correspondence Program," (such as the requirement to put return addresses on
				  the front and back of outgoing envelopes) shall be followed.
(a)
Outgoing privileged
				correspondence.
(1) For the purpose of
				this directive, outgoing mail will not be considered to be privileged
				correspondence until it has been placed in the control of the facility
				administration for processing.
(2)
				Outgoing privileged correspondence may be sealed by the inmate, and such
				correspondence shall not be opened, inspected, or read without express written
				authorization from the facility superintendent as specified in subdivision (c)
				of this section. Notwithstanding the foregoing or any other provision of this
				Chapter, outgoing mail to the Secretary of State, Department of State,
				corporation division or uniform commercial code unit of any state shall be
				submitted by the inmate unsealed and is subject to inspection.
(3) Postage for privileged correspondence.
(i) Inmate letters addressed to the
				commissioner or other central office staff shall be mailed by the facility at
				no cost to the inmate. This service shall only apply to regular letters;
				special handling charges for services such as certified mail, return-receipt,
				or express mail must be paid for by the inmate.
(ii) Each inmate will receive a weekly free
				postage allowance equivalent to five domestic first class one ounce letters to
				pay for first class postage on outgoing privileged correspondence.
(a) This allowance may not be used to pay for
				any special handling charges such as for certified, return-receipt, express
				mail, etc., unless such mail services are required by statute, court rule or
				court order.
(b) Any unused
				allowance will not be accumulated from week to week. Inmates will have to pay
				for postage costs which exceed this weekly allowance.
(iii) A postage-prepaid envelope received
				within correspondence from a court or an attorney which has been pre-addressed
				by the court or attorney may be received (subject to inspection by the security
				staff) and used by the inmate for the intended return correspondence.
(iv) To ensure that indigent inmates maintain
				their right of access to the courts, the facility shall approve and IAS 2708
				advance request to pay for first class mail postage if the inmate has
				insufficient funds and if the following conditions are met:
(a) the mail is legal mail
				(
e.g.,
it is addressed to a judge, clerk of court, attorney,
				or authorized legal representative; or is directly related to a potential or
				ongoing legal matter);
(b) any
				balance of the inmate's free weekly postage allowance is applied to the legal
				mail postage costs; and
(c) the
				requested advance and the balance of unpaid previous advances for legal mail
				postage do not exceed $20, except as may be approved under subparagraph (vi) of
				this paragraph.
(v)
				Advances for "special handling" (
e.g.,
certified mail, return
				receipt, express mail, etc.) will not be approved unless required by a statute,
				court rule or court order.
(vi)
				Exceeding the $20 limit shall only be approved if the inmate can show by court
				rule, court order, a statute of limitations, or other legal deadline applicable
				to his or her individual circumstance that the legal mail must be sent prior to
				receipt of the next week's free postage allowance. The inmate must provide
				justification for such advance.
(vii) No request for a legal mail advance
				will be denied by facility staff without prior consultation with the
				department's office of counsel. Any question whether a particular item
				qualifies as "legal mail," or whether an advance is allowable should be
				directed to such office.