reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.10 - Strip search/strip frisk

Current through Register Vol. 46, No. 28, July 10, 2024
The following expedited procedure for the review of
				  grievances alleging violation of department policy regarding strip searches or
				  strip frisks shall be followed.
(a) An
				inmate who wishes to file a grievance complaint that alleges violation of
				department policy regarding a strip search or strip frisk shall follow the
				procedures set forth in section
				701.5(a) 
				of this Part.
(b) A grievance
				alleging violation of department policy regarding strip searches or strip
				frisks shall be given a grievance calendar number and recorded in sequence with
				all other grievances on the grievance clerk's log (form #2136). All documents
				submitted with the allegation must be forwarded to the superintendent by close
				of business that day.
(c) The
				superintendent or his/her designee shall promptly determine whether the
				grievance, if true, would represent a bona fide violation of department policy
				regarding strip searches or strip frisks as defined in section
				701.2  of this Part.
				If not, then it shall be returned to the IGRC for normal processing.
(d) If it is determined that the grievance is
				a bona fide strip search/strip frisk issue, the superintendent shall initiate
				an in-house investigation by the correction captain or functional equivalent
				into the allegations contained in the grievance. This responsibility cannot be
				delegated. Where a deputy superintendent has authorized the grieved strip
				search or strip frisk, the superintendent will supervise the investigation with
				the assistance of the captain.
(e)
				Once a grievance has been referred to the superintendent and determined to be a
				bona fide strip search/strip frisk issue, that grievance cannot be withdrawn.
				The superintendent must address the grievant's allegations.
(f) Within 25 calendar days of receipt of the
				grievance, the superintendent will render a decision on the grievance and
				transmit said decision, with reasons stated to the grievant, the grievance
				clerk, and any direct party of interest. Time limit extensions may be
				requested, but such extensions may be granted only with the consent of the
				grievant.
(g) If the superintendent
				fails to respond within the required 25 calendar day time limit the grievant
				may appeal his/her grievance to CORC. This is done by filing a notice of
				decision to appeal (form #2133) with the inmate grievance clerk.
(h) If the grievant wishes to appeal the
				superintendent's response to CORC, he/she must file a notice of decision to
				appeal (form #2133) with the inmate grievance clerk within seven calendar days
				of receipt of that response.
(i)
				Unless otherwise stipulated in this section, all procedures, rights, and duties
				pertaining to the processing of any other grievance as set forth in section
				701.5  of this Part
				shall be followed.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.11 - Code of ethics

Current through Register Vol. 46, No. 28, July 10, 2024
A code of ethics for IGRC staff and inmate representatives,
				  clerks, and chairpersons has been established to strengthen the credibility and
				  effectiveness of the IGP. Violations of this code may result in dismissal from
				  participation in the IGP.
(a) No
				member shall obstruct an inmate from exercising his/her right to file a
				grievance nor ridicule an inmate or his/her grievance.
(b) A willing and tactful attitude is
				required in the performance of a member's duties.
(c) No member shall expect or receive
				preferential treatment because of his/her participation in the IGP.
(d) Particular duties, responsibilities, and
				assignments shall not be abused by any member.
(e) Members shall not disclose confidential
				medical information as defined in the DOCS Health Services Policy Manual, item
				4.10, or non-medical information of a confidential nature except where
				necessary in fulfilling their duties under the grievance mechanism.
(f) Members shall be responsible for
				safekeeping grievance files and ensuring against unauthorized use.
(g) No member of IGRC shall intentionally
				undermine the IGRC's operation or credibility.
(h) Members of the IGRC shall have a working
				knowledge of the IGP and their responsibilities as members.
(i) Members shall obey all institutional and
				departmental rules and regulations.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to modify the instructions
				  contained in Part 701, "Inmate Grievance Program," of this Title and to assist
				  facilities specifically approved by the Director, Inmate Grievance Program in
				  implementing the program at those facilities.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.2 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This plan
				recognizes that there are certain unique factors present in some facilities'
				operations which are not present in general confinement facilities. This plan
				addresses itself to the following factors which limit the availability of
				inmates to function as inmate representatives or to participate in the
				grievance program:
(1) inmates transferred to
				some facilities generally are within six months of meeting the parole board;
				and
(2) inmates at some facilities
				are involved in temporary release programs, spending from 6 to 14 hours daily
				in pursuit of employment or education, and have regular weekend furloughs as
				well as daily family visits.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.3 - Staff coordination

Current through Register Vol. 46, No. 28, July 10, 2024
The superintendent shall designate a staff member to be
				  responsible for coordinating grievance activities within the facility,
				  recording and processing grievances through each step, and reporting monthly
				  grievance activity to the Director, Inmate Grievance Program.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) First step.
(1) Inmate grievance forms shall be made
				available to any inmate through the facility's duty office within 24 hours of
				request.
(2) The inmate may seek
				assistance from any other inmate or staff member.
(3) The completed grievance form shall be
				transmitted to the designated staff person who shall attempt to help resolve
				the grievance informally. At shock incarceration facilities an inmate may, if
				appropriate, air his or her grievance during a scheduled evening network
				community meeting in an attempt to resolve it informally.
(4) If the grievance cannot be resolved
				informally the designated staff shall convene an IGRC hearing within 16
				calendar days from the date the grievance was received by that staff person.
				The IGRC shall be composed of two staff representatives appointed by the
				superintendent, two inmates selected by the grievant, and a non-voting chair
				person designated by the superintendent or designee.
The Department of Corrections and Community Supervision
				  proposes to amend 7 NYCRR Section 702.4(a)(5):
(5) At the IGRC hearing, the inmate, the
				advisor, and the other par- ties shall hear the grievance and the IGRC shall
				render a decision/ recommendation.
The Department of Corrections and Community Supervision
				  proposes to amend 7 NYCRR Section 702.4(b)(1):
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.5 - Harassment

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures for processing grievances regarding
				  allegations of employee harassment as outlined in section
				  701.8  of this Title,
				  shall be followed.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.6 - Unlawful discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures for processing grievances regarding
				  allegations of unlawful discrimination as outlined in section
				  701.9 
				  of this Title, shall be followed.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 702 - Inmate Grievance Program Modification Plan › Section 702.7 - Strip search/strip frisk

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures for processing grievances alleging violation
				  of department policy regarding strip searches or strip frisks as outlined in
				  section
				  701.10 
				  of this Title, shall be followed.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 711 - Marriages During Confinement › Section 711.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
A major departmental objective is to foster ties to the
				  community that will help create stability in the inmate's personal life. The
				  department recognizes that a marriage can assist in creating that personal
				  stability. Accordingly, the department will provide appropriate assistance to
				  inmates who wish to become married. The department also recognizes that a
				  person's confinement will in itself present impediments and difficulties to the
				  contracting of a marriage during that period of confinement. The purpose of
				  this directive is to outline the responsibilities of the inmate and the
				  intended spouse and the obligations of the department to ensure that an
				  intended marriage is legally acceptable.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 711 - Marriages During Confinement › Section 711.2 - Legal and administrative prerequisites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any inmate may marry, providing there are
				no legal or administrative impediments to the marriage. Legal impediments may
				fall into the following areas:
(1) Age. In
				accordance with New York State law, all persons making an application for a
				marriage license must be 18 years of age or older. Those who are under age must
				submit written consent of both parents, or of one parent if the whereabouts of
				the other parent has been unknown for a period of one year, or of a legal
				guardian. Persons under the age of 16 years must obtain the written approval of
				a justice of the Supreme Court or a judge of the appropriate Family Court as
				stipulated in section 15  of the Domestic Relations Law.
(2) Competency. Both parties must be mentally
				capable of consenting to the marriage.
(3) Prior marriages.
(i) All prior marriages must be legally
				dissolved. It is solely the responsibility of the inmate and the intended
				spouse to secure documented proof that any prior marriages to which they have
				been party have been legally dissolved.
(ii) The superintendent will not permit any
				marriage to take place until the inmate and his/her intended spouse have
				procured a valid marriage license.
(4) Inmate status. When two persons are both
				confined in New York State correctional facilities, they will not be permitted
				to marry until at least one of them has been released from such
				confinement.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 711 - Marriages During Confinement › Section 711.3 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice to the
				superintendent.
(1) To ensure mutual
				agreement, the inmate and the intended spouse shall write to the superintendent
				expressing an intent to marry.
(2)
				The notices are to be recorded and filed in the inmate's guidance
				file.
(3) The superintendent shall
				designate a n offender rehabilitation coordinator to be responsible for
				processing the request, interviewing the inmate and intended spouse, and
				ensuring that the inmate has a valid marriage license and that administrative
				requirements have been fulfilled.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 712 - Media Review › Section 712.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				departmental policy to encourage inmates to read publications from varied
				sources if such material does not encourage them to engage in behavior that
				might be disruptive to orderly facility operations. Accordingly, inmates shall
				be allowed to subscribe to and possess a wide range of printed matter such as
				books, magazines and newspapers, subject to the provisions of this regulation,
				as these items may promote constructive individual development.
(b) In the event that the superintendent, or
				his designee, believes that printed material addressed to an inmate represents
				a possible threat to orderly facility operations, that material will be
				referred to the Facility Media Review Committee (FMRC) for its assessment and
				disposition.
(c) Exception. At
				Auburn Correctional Facility and Clinton Correctional Facility the provisions
				of the Dumont stipulation take precedence whenever they differ from the
				provisions of this directive.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 712 - Media Review › Section 712.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
In view of the above considerations, the department specifies
				  the following procedures for the evaluation and approval or disapproval of
				  literature for inmates.
(a)
Establishment of Facility Media Review Committee (FMRC).
(1) Each institution will establish a media
				review committee and designate a Facility Media Review Committee Chairperson,
				who will be responsible for the oversight of the day to day operations of the
				FMRC. It is suggested that this committee consist of representatives from
				program services (for example, representatives from the guidance unit, mental
				health staff, chaplains' office, education staff, recreation staff, and library
				staff) and representatives from security staff. All FMRC activities will be
				reported monthly to the Central Office Media Review Committee
				(COMRC).
(2) The superintendent
				will inform the deputy commissioner for program services or his or her designee
				of the membership of the Facility Media Review Committee. The superintendent
				will also inform the deputy commissioner for program services or his or her
				designee of any changes in said membership.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 712 - Media Review › Section 712.4 - Subscriptions

Current through Register Vol. 46, No. 28, July 10, 2024
Inmates will not be prohibited from subscribing to
				  newspapers, magazines, and periodicals, but shall be informed that individual
				  issues may be withheld if material contained therein is confirmed to be in
				  violation of the guidelines set forth in this directive. If, after being
				  advised of these conditions, inmates wish to subscribe to newspapers,
				  magazines, and periodicals, they will be allowed to do so.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 712 - Media Review › Section 712.5 - Source of publication

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Books,
				magazines and periodicals received from other than the publisher may be delayed
				through the package room up to six days while being subject to media review
				guidelines. All material is subject to media review guidelines.
(b) Newspapers may only be received from the
				publisher or an approved distributor, subject to media review
				guidelines.
(c) Printed or
				photocopied materials.
(1) No more than five
				newspaper clippings or five pages of printed or photocopied materials including
				materials printed off of the internet may be received from other than the
				publisher within a piece of regular correspondence.
(2) The pages or clippings must not be taped,
				glued, or pasted together or to other papers.
(3) Correspondence which includes printed or
				photocopied materials may be delayed through the correspondence unit up to six
				days while subject to media review guidelines.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 712 - Media Review › Section 712.6 - Rereview

Current through Register Vol. 46, No. 28, July 10, 2024
A rereview of a publication which has been disapproved by a
				  FMRC will be conducted by the FMRC upon the request of an inmate no less than
				  18 months subsequent to the previous disapproval. Nothing contained herein
				  shall prevent review of such publications by the FMRC or COMR prior to 18
				  months after disapproval, where conditions warrant.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains and describes the policies and procedures
				  governing the correspondence program available to all inmates. The exchange of
				  correspondence between an inmate and another person or business must be in
				  accord with the regulations contained in this Part. (For policies and
				  procedures governing privileged correspondence, see Part 721 of this
				  Title.)
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.2 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations are specified for staff, inmates, and the general public to provide
				efficient mail service to all concerned.
(b) General correspondence is mail between an
				inmate and someone other than a person approved for privileged correspondence
				(see Part 721 of this Title, "Privileged Correspondence").
(c) Correspondents are personally responsible
				for the contents of their mail. Violation of the regulations governing inmate
				correspondence or the standards of inmate behavior through correspondence will
				be considered a serious offense and may result in disciplinary proceedings
				and/or the monitoring of outgoing correspondence for a specified period of
				time. Inmates and all correspondents are advised that sending obscene,
				threatening or fraudulent materials through the mails may be a crime under
				State and Federal laws. The department will urge prosecution whenever such mail
				is brought to its attention.
(d)
				The sending and receiving of mail by inmates will be restricted only to the
				extent necessary to prevent a threat to the safety, security and good order of
				the facility or the safety or well-being of any person, and to prevent
				unsolicited and unwanted mail.
(e)
				Inmates who are unable to read or write may request the assistance of a staff
				member, volunteer, or another inmate for correspondence purposes.
(f) The superintendent shall have the overall
				responsibility for the administration of the correspondence program at his or
				her facility.
(1) Specific responsibilities
				may be delegated by the superintendent.
(2) At the superintendent's discretion, a
				record of incoming and outgoing mail may be kept by the correspondence
				unit.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.4 - Incoming mail

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inspection of
				incoming correspondence.
(1) Before opening,
				incoming mail should be checked to make sure that the addressee can be
				accurately identified and is currently at the facility. If the addressee is no
				longer at the facility, the mail shall be forwarded in accordance with Part 722
				of this Title. All incoming general correspondence must have a clearly
				identifiable name of sender and return address. A letter which does not have a
				return address will not be delivered to the inmate. It will be considered
				contraband and handled in accordance with departmental directive.
(2) All incoming general correspondence will
				be opened and inspected for cash, checks, money orders, printed or photocopied
				materials or contraband. The inmate's presence is not required during the
				inspection of incoming general correspondence. See Part 721 of this Title for
				the procedure to be followed for the opening of privileged correspondence and
				Part 712 of this Title for publications deemed to be unacceptable.
(3) Publications received at the facility
				which are in a language other than English shall be referred for translation
				services to the Central Office Director of Education prior to referral to the
				Facility Media Review Committee (FMRC).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.5 - Collection and distribution of mail

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Outgoing mail. Outgoing inmate mail shall
				be collected from mail boxes, placed in convenient locations in the facility,
				by a correctional employee at least once a day, except Saturdays, Sundays, and
				State and postal holidays; mail service on Saturdays and State holidays is
				optional. At no time shall an inmate collect the mail. Collected mail shall be
				processed and forwarded to a post office at least once a day, except as noted
				above.
(b) Incoming mail. Incoming
				general correspondence will be delivered to inmates on normal business days by
				a correctional employee. Inmates are not permitted to deliver mail to other
				inmates.
(1) If the incoming general
				correspondence is registered or certified, the inmate to whom it is addressed
				shall sign a receipt for such correspondence.
(2) If the inmate refuses to sign a receipt,
				the correspondence shall be returned to the Postal Service marked
				"refused."
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.6 - Inmate-to-inmate correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The superintendent or chief administrator at each facility may designate a
				staff member to process inmate-to-inmate correspondence requests.
(b) These requests will be investigated by
				both facilities to determine that the exchange of such correspondence will not
				create problems relating to the safety, security, or good order of the
				facilities, or the safety or well-being of any individual before any
				inmate-to-inmate correspondence is authorized.
(c) Authorization for such correspondence
				must come from the involved superintendents or their designees.
(1) Exception. Only the approval of the
				superintendent of the facility where the state inmate is housed is required
				when a state inmate requests to correspond with an inmate in the custody of the
				New York City department of corrections. This exception is based on the New
				York City department of corrections' policy which permits inmates to write to
				whomever they choose, including other inmates.
(2) Restrictions. Inmates are only permitted
				to correspond with immediate family members and codefendants in active cases.
				Immediate family members are defined as spouses, children, parents, siblings,
				and grandparents. Other inmate-to-inmate correspondence may only be approved in
				exceptional circumstances. Changes to the inmate-to-inmate correspondence lists
				are permitted only on a quarterly basis at the time of the inmate's scheduled
				interview. Photographs should not be included in inmate-to-inmate
				correspondence.
(3) Transfer of
				inmates. When an inmate is transferred, his/her approval to correspond with
				other inmates will remain in effect. The guidance staff at the receiving
				facility will notify the correspondence unit of the names of inmates with
				approvals for inmate-to-inmate correspondence.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.7 - Business mail

Current through Register Vol. 46, No. 28, July 10, 2024
All correspondence addressed to a business entity, other than
				  a member of the media, shall be considered business mail and shall be processed
				  as follows:
(a) Business mail
				obligating an inmate's funds (e.g., requests to an outside vendor for goods or
				services, etc.) must be accompanied by a signed and approved disbursement
				form.
(b) When processing this
				business mail, the facility must ensure that the inmate has sufficient funds.
				If sufficient funds are available, a check or money order will be drawn against
				the inmate's account and inserted in the envelope as advance payment.
(c) Inmates are prohibited from using
				business correspondence to order any items on credit or installment plans, and
				are also prohibited from obligating their funds for anything more than the
				immediate purchase which is being reviewed.
(1) Inmates may not join a club or purchase
				plan in which items are automatically sent to the facility along with invoices
				for payment each week, month, etc.
(2) Inmates may make one single payment for
				items which will be delivered over an extended period of time, provided that
				there is no additional billing for the items being delivered in the
				future.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 720 - Inmate Correspondence Program › Section 720.8 - Postage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Purchase/possession of stamps.
(1) Inmates
				may not receive stamps through the mail or through inmate packages.
(2) The maximum value of stamps in an
				incarcerated individual's personal possession should not exceed the amount
				specified in department directive #4422.
(3) Postage shall be made available by the
				sale of stamps in the commissary. Inmates may purchase up to 50 domestic first
				class stamps for one ounce letters per commissary buy.
(4) An inmate, who has sufficient funds
				available in his inmate account, may purchase postage by attaching a
				disbursement form to a letter only in the following circumstances:
(i) the inmate is newly arrived at a
				facility, has no stamps, and has not yet had an opportunity for a commissary
				buy;
(ii) the inmate has had
				commissary buy privileges suspended and is not eligible for or does not get a
				special commissary buy;
(iii) a
				particular letter or parcel, because of size, weight, special handling, or any
				other special postal feature requires an unusual amount of postage;
				or
(iv) there are extenuating
				circumstances which, in the discretion of the superintendent, warrant
				processing a disbursement form.
(5) An inmate who has lost commissary
				privileges shall be able to make a monthly "stamp buy" of up to 50 domestic
				first class stamps for one ounce letters. This special buy shall be offered
				within 72 hours of the imposition of the penalty and every 30 days thereafter.
				Inmates who have been admitted to a special housing unit shall be offered a
				"stamp buy" within 72 hours of admission and every 30 days
				thereafter.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 721 - Privileged Correspondence › Section 721.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains and describes the policies and procedures
				  governing privileged correspondence. Privileged correspondence, as defined in
				  section
				  721.2  of this Part, is
				  entitled to a greater degree of confidentiality during processing within the
				  facility than that which is accorded general correspondence (see Part 720 of
				  this Title, "Inmate Correspondence Program").
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 721 - Privileged Correspondence › Section 721.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Privileged correspondence is defined as
				correspondence addressed by an incarcerated individual to any of the following
				persons or entities at their official business address, or, except as noted in
				subdivision (b) of this section, received from such persons or entities:
(1) Governmental/public officials. Any American
				Federal, state, or local government official, department or agency; any official of
				a nation, state, or tribe of which the incarcerated individualis a citizen; or the
				correctional association of New York State;
(2) Legal services. Any attorney, approved legal
				representative, representative employed or supervised by an attorney, or any legal
				services organization; or
(3) Medical
				services. Medical personnel such as physicians and dentists; or hospitals.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				will forward all first class and legal mail for any inmate transferred for as
				long as he/she remains in the custody of the department. All other mail will be
				forwarded as directed upon receipt of a change of address order, form 2101,
				from any inmate who guarantees payment of forwarding postage.
(b) Upon release from custody of the
				department, an inmate, if he/she wishes to ensure the forwarding of mail, must
				file a change of address order with the correspondence unit at the facility
				from which he/she is released.
(c)
				No mail will be forwarded to a released inmate unless a change of address order
				is on file. Mail will be forwarded for a period of two months.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.2 - General information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local
				post offices provide facilities with bulk delivery service only, sorting all
				mail by facility address, not the individual addressee. The post office's
				responsibility ends when such mail is delivered to the facility
				address.
(b) Once the mail is
				delivered in bulk to the facility, it becomes the responsibility of the
				department to see that each individual inmate receives all mail addressed to
				him/her.
(c) A postal change of
				address order, which normally provides for the forwarding of an individual's
				mail, is not honored by the post office for the forwarding of inmate mail as
				this is handled as "bulk delivery." Therefore, the forwarding of inmate mail is
				the responsibility of the department.
(d) Facilities must comply with the United
				States Postal Service requirements which require the facility to assume
				financial responsibility for forwarding any inmate mail it opens. Each facility
				will be required to establish a procedure to verify the presence of inmates at
				the facility prior to opening inmates' mail. When the facility opens the letter
				of an inmate no longer at the facility, it has the option of using the facility
				mail pouch or returning it to the post office for forwarding. When it is
				returned to the post office for forwarding, it must be placed in a new
				envelope, be properly addressed and be stamped with the appropriate amount of
				postage.
(e) Facilities are also
				required to assume responsibility for any accountable mail for which they sign.
				Accountable mail is deemed to be any mail which requires a signature to be
				received. Once the facility signs for accountable mail, it will assume
				responsibility for any financial cost of forwarding it to the inmate. The
				facility will forward legal (i.e., from a judge, clerk of court or attorney),
				accountable mail forthwith and assume financial liability if forwarded through
				the post office. Non-legal accountable mail may be forwarded in the facility's
				mail pouch if forwarded within five business days.
(f) The correspondence unit at the facility
				which receives the mail is responsible for checking to see if the inmate is in
				the facility and for the proper delivery or forwarding of all inmate
				mail.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.3 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This procedure
				is designed to provide guidelines for the handling of inmate mail and the
				processing required by facility personnel whenever an inmate leaves the custody
				of the department, is transferred to another facility, or is otherwise
				temporarily absent from the facility, i.e., furlough, leave of absence, out to
				court, or out to hospital.
(b)
				Forwardable mail is considered to be: first class mail; mail with endorsements,
				i.e., special services requested to forward or provide address correction;
				second and personal third class mail whereby an inmate has completed a change
				of address order, form 2101, guaranteeing postage.
(c) Non-forwardable mail is considered to be:
				general distribution mail addressed to "Box Holder," "Occupant," or similar
				impersonal addresses and second and personal third class mail for which the
				inmate has not completed a change of address order, form 2101. Non-forwardable
				mail should be disposed of as it cannot be returned to the post
				office.
(d) Holding of mail or
				disposing of it other than as outlined herein may be construed as a violation
				of statutes concerning obstruction of mails. It is therefore extremely
				important that mail be forwarded without delay following the instructions set
				forth below.
(e) The correspondence
				unit is responsible for forwarding inmate mail.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.4 - Procedure-orientation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reception
				facility. An employee delegated by the superintendent shall inform newly
				received inmates of:
(1) the department's
				correspondence procedures as set forth in Part 720 of this Title;
(2) United States postal regulations
				regarding forwarding of mail (see section
				722.7[a] 
				of this Part); and
(3) their
				responsibilities regarding the forwarding of mail when transferred or
				discharged which are to:
(i) notify all
				correspondents of the change of address in a timely manner to ensure receiving
				mail after transfer or discharge;
(ii) complete a change of address order, form
				2101 at the current facility prior to transfer, when possible, to guarantee the
				postage for the forwarding of second class mail (magazines and newspapers),
				and/or personal third class materials (i.e., catalogues, newsletters, and
				photographs); and
(iii) consider
				the possibility of transfer before ordering publications or subscriptions or
				placing mail orders.
Note: When the change of address order, form 2101 cannot be
				  completed prior to transfer, the inmate should fill out the form and send it to
				  the correspondence unit of the receiving facility. The receiving facility will
				  mail it back to the transferring facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.5 - Procedure-forwarding of mail (correspondence unit)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transfer.
(1) An employee designated by the
				superintendent shall provide transferring inmates with a change of address
				order, form 2101, to be sent to the correspondence unit of the transferring
				facility.
(2) The correspondence
				unit of the transferring facility shall, upon notification via the facility
				"Change Sheet," pull the file card(s) for the inmate(s) transferred from the
				active file noting facility transferred to and refile in the transfer
				file.
(3) Forward all first-class,
				legal mail, and applicable magazines and newspapers to the incarcerated
				individual at his/her new facility by adhering a new address label to the
				envelope.
(4) If a completed change
				of address order, form 2101, is filled out at the facility or received from the
				incarcerated individual after transfer, transfer all other forwardable mail as
				specified by the incarcerated individual. The receiving facility shall pay any
				postage due and debit the incarcerated individual's account or encumber it if
				the incarcerated individual does not have enough money to cover the
				charges.
(5) If the incarcerated
				individual refuses to guarantee postage for some or all personal third class
				mail, it will be disposed of, as it cannot be returned to the post office in
				bulk.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.6 - Completion of change of address order (form 2101, inmate)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Complete a change of address order, form
				2101.
Image
(b) Give particular attention to:
(1) legible printing of date;
(2) effective date of change;
(3) name and department identification number
				(DIN);
(4) new facility for
				transferred inmates or new addresses for released inmates;
(5) check () "do" or "do not" as it relates
				to guarantee of postage; and
(6)
				ensure that the form is signed and dated.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 722 - Forwarding Incarcerated Individual Mail › Section 722.7 - Attachments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Attachment "A", US Postal Service forwarding rules and rates.
Class
Rules
Rates
1st (Including Post Cards) and Priority Mail
Will not be forwarded if it has been opened.
No additional fees.
2nd (Magazines, Newspapers)
Subject to additional postage for forwarding at the
							 transient rate computed on each individually addressed copy.
The transient rate is for the first two ounces and each
							 additional ounce or fraction, or at the 4th Class rate, whichever is lower.
							 Should be marked "2nd Class."
3rd (Catalogs, Newsletters, Photographs, etc.)
Subject to collection of additional postage, must weigh
							 less than 16 oz.
Rates based on each 2 oz. or fraction of 2 oz.
4th (Parcel Post)
Subject to collection of forwarding postage at 4th
							 Class rate upon delivery.
Rates vary according to distance and weight. Outsize
							 and over 15 pound items have different rate schedule.
Certified, C.O.D., Insured, Registered, Special
							 Delivery, and Special Handling.
Subject to any ordinary forwarding postage charges.
							 Will not be forwarded to a foreign country.
No additional fees.
(b)
Form letter.
DATE
ADDRESSEE
RE: Legal Mail for Inmate
INMATE NAME, DIN
Dear Sir/Madam:
Legal mail for the above-named inmate was recently received
				  from your office. Please be advised that this inmate is temporarily absent from
				  this facility, and may not return in the immediate future.
To avoid the confusion and delay that can accompany repeated
				  attempts to forward this mail, it will be held at this facility until the
				  inmate's return. If your correspondence requires a timely response from the
				  inmate, you may wish to ascertain the current whereabouts of the inmate by
				  contacting the Inmate Records Coordinator of this facility at (phone number).
				  You may then direct a second copy to the inmate at the temporary
				  location.
Sincerely,
Superintendent
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 723 - Inmate Telephone Calls › Section 723.2 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				operates a telephone system for inmates as one of the modes by which they may
				maintain contact with family and friends at home. This system provides a
				controlled list of up to 15 phone numbers accessible to each inmate which, at
				most locations, can be self-dialed at telephones in housing units. Employee
				assisted dialing is used for calls outside of the continental United States,
				Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central Northern Marianna
				Islands, and for emergency calls.
(b) Facilities may, with the prior approval
				of the Deputy Commissioner for Program Services, add additional restrictions in
				order to meet certain unique facility needs.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 723 - Inmate Telephone Calls › Section 723.4 - Employee assisted calls

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Procedure.
(1) Placing call. All employee
				assisted telephone calls will be placed and verified by the employee (usually a
				correction officer) assigned to monitor the inmate telephone call.
(2) Completing call. Once the employee has
				made initial contact with the recipient of a telephone call and collect charges
				have been accepted, the employee will signal the inmate to start the
				conversation.
Note: Calls to locations outside the continental United
				  States, Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central Northern
				  Marianna Islands will not be made "collect" but will be paid for as specified
				  in section
				  723.3(h) 
				  of this Part.
(3) Time
				limit. Conversations are not to exceed 10 minutes. The superintendent may limit
				these calls to five minutes due to logistical constraints, with the advance
				approval of the deputy commissioner for program services. When 30 seconds
				remain on the allotted time limit, the inmate and his party will be buzzed. At
				the end of the allotted time, the call will be disconnected.
(4) Alternative calls. Inmates may select one
				alternative person to call if their initial choice is unable to accept the
				call.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 723 - Inmate Telephone Calls › Section 723.5 - Inmate self-dial calling

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Description. Self-dial telephones will only handle outgoing collect telephone
				calls within the continental United States, Canada, U.S. Virgin Islands, Puerto
				Rico, Guam and Central Northern Marianna. No credit card calls may be made nor
				incoming calls received.
(1) The self-dial
				system is the property of the department which is responsible for its
				installation and maintenance. System abuse or failure to follow established
				rules and procedures may result in its removal or the imposition of
				restrictions or limitations. Damaged hardware will be replaced or repaired at
				the discretion of the superintendent. In cases where the damage is the result
				of vandalism, other repairs will be considered a higher priority.
(2) System changes (moves, additions or
				deletions) must be discussed with the Division of Management Information
				Services.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 723 - Inmate Telephone Calls › Section 723.6 - Suspension or revocation of inmate telephone call privileges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmates may
				have their telephone call privileges limited, suspended or revoked pursuant to
				a disposition of a disciplinary hearing or superintendent's hearing.
(b) Additionally, if during the course of a
				continuing investigation, the facility superintendent has reason to believe
				that the safety, security, good order or well-being of the facility or any
				person is threatened, the superintendent may immediately take action to limit,
				suspend or revoke an inmate's telephone privileges.
(1) In such instances, the superintendent
				must inform the inmate, in writing, of the underlying basis for the limitation,
				suspension or revocation, consistent with the need to safeguard the ongoing
				investigation.
(2) The inmate must
				be afforded an opportunity to respond to the action of the superintendent,
				usually by a written reply to the superintendent. When the inmate's written
				reply is received, the superintendent will consider the inmate's comments in
				deciding whether or not to continue the limitation, suspension or revocation of
				the inmate' s telephone call privileges.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 723 - Inmate Telephone Calls › Section 723.7 - Telephone out of order

Current through Register Vol. 46, No. 28, July 10, 2024
When a facility telephone which can be utilized by inmates in
				  accordance with this Part is out of service, the superintendent shall so advise
				  management information services, and indicate if the outage is due to inmate
				  damage.