N.Y. Comp. Codes R. & Regs. tit. 7 § 712.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 712.2 - Standards

The department adopts the following guidelines by which literature for inmates will be evaluated:

(a) In general, the materials should be acceptable for regular mailing according to United States Postal Law and regulations.

(b) Publications which contain child pornography or which promote a sexual performance of a child in violation of Penal Law, article 263 are unacceptable. Publications in which models of any age are depicted or portrayed as underage persons in sexually provocative poses or engaged in sexual activity are unacceptable. Publications depicting nude children in a non-pornographic context, but which would promote or encourage prurient interest in the sexual performance of children, are unacceptable. Publications which, taken as a whole, by the average person applying contemporary community standards, appeal to prurient interest, and which depict or describe in a patently offensive way sexual bestiality, sadism, masochism, necrophilia, or incest and which taken as a whole, lack serious literary, artistic, political or scientific value are obscene and are unacceptable.

(c) The publication should not incite violence based on race, religion, sex, sexual orientation, creed, or nationality. Incite violence, for purposes of this guildeline, means to advocate, expressly or by clear implication, acts of violence.

(d) Any publication which advocates and presents a clear and immediate risk of lawlessness, violence, anarchy, or rebellion against governmental authority is unacceptable.

(e) The publication should not incite disobedience towards law enforcement officers or prison personnel. Incite disobedience, for purposes of this guideline, means to advocate, expressly or by clear implication, acts of disobedience.

(f) The publication should not give instruction in the use or manufacture of firearms, explosives, and other weapons, or depict or describe their manufacture. Mere depictions of the use of hunting and/or military weapons which reasonably would not affect the safety and/or security of the facility are not prohibited.

(g) The publication should not provide instruction by word(s) or picture(s) regarding martial arts skills. Martial arts includes, but is not limited to, aikido, jiujitsu, judo, karate, kung fu, and tai chi chu'an. Publications which discuss martial arts without providing instruction are acceptable.

(h) The publication should not:

(1) contain information which appears to be written in code; or

(2) depict or describe methods of lock picking; or

(3) depict or describe methods of escape from correctional facilities or which contain maps which could aid an inmate in an escape from a correctional facility (i.e. immediate area of the facility, detailed road maps, etc.); or

(4) depict or describe procedures for the brewing of alcoholic beverages or the manufacture of drugs or use of illegal drugs; or

(5) depict or describe methods or procedures for smuggling prison contraband; or

(6) depict or describe techniques or methods for rioting and/or information instructive in hostage or riot negotiation techniques; or

(7) depict or describe hand signs, insignias, graffiti, or any other identifiers depicting or pertaining to a gang, or text that describes or depicts gang or other unauthorized group activity in such a way that it would promote or instruct in the formation of such groups inside a correctional facility.

Note:The above paragraph includes written material that, if observed by a fellow inmate in the inmate's possession, could result in an inference being drawn about the inmate's gang affiliation and thereby target him or her for assault or result in other disruptive conduct. It also includes certain written material that could facilitate organizational activity within an institution by an organization that has not been approved by the deputy commissioner for program services to operate within that institution. Material that could facilitate organizational activity includes, but is not limited to, a membership roster, organizational chart, constitution or bylaws. All such material can be disallowed although otherwise determined not to incite or advocate for violence or disobedience.

(i) The department reserves the right to deny the inmate publications which may be held noninciteful or nonadvocative, as the case may be, during the media review process, but which actually result in violence or disobedience after entrance into a facility, as is clearly set forth in paragraphs (h)(3) and (6) of this section. Such items shall be referred to the Facility Media Review Committee, and if appealed, referred to the Central Office Media Review Committee, for decision.

(j) Publications which discuss different political philosophies and those dealing with criticism of governmental and departmental authority are acceptable as reading material provided they do not violate the above guidelines. For example, publications such as Fortune News, The Militant, The Torch/La Antorcha, Workers World, and Revolutionary Worker shall generally be approved unless matter in a specific issue is found to violate the above guidelines.

(k) The purposes of the foregoing guidelines are to facilitate access by inmates to a wide range of literature.

(l) Superintendents and staff of correctional facilities are urged to use whatever means they have available to provide facility libraries with literature which presents differing points of view relevant to the issues of the day.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 712.2