N.Y. Comp. Codes R. & Regs. tit. 7 § 722.5

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

Section 722.5 - Procedure-forwarding of mail (correspondence unit)

(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.

(b) Releases.

(1) When the inmate to be released signs for his/her property, he/she shall be given a change of address order, form 2101, and instructed to complete it and turn it in when the inmate picks up and signs for his/her money.

(2) As the inmate signs for his/her money, he/she shall be given the opportunity to file a change of address order, form 2101, with the correspondence unit.

(3) If the inmate files a change of address order, form 2101, the correspondence unit shall:

(i) upon notification via the facility's "Change Sheet," remove inmate's file card from the active file and place in the inactive file;

(ii) readdress forwardable mail, as specified by the inmate, for a period of two months;

(iii) dispose of second or personal third class mail for which the inmate has refused to guarantee postage;

(iv) after a two-month period, stamp all mail received "Not Here" and return to the post office; and

(v) retain the change of address order, form 2101, in a dead file for a year to document inmate's instructions.

(4) If a completed change of address order, form 2101, has not been filed:

(i) upon notification via the facility's "Change Sheet," remove inmate's file card from the active file and place in the inactive file; and

(ii) stamp all first class and forwardable mail received for that particular inmate "Not Here" and return to the post office;

(iii) dispose of any second or personal third class non-forwardable mail received for that particular inmate.

(c) "Out-to-Court."

(1) The correspondence unit, upon notification via the facility "Change Sheet" placing an inmate on out-to-court status, shall hold all mail received for that inmate until such time as:

(i) a completed change of address order, form 2101, is received from the inmate;

(ii) the inmate is out to court six months or more; or

(iii) the inmate returns from court.

(2) Upon receipt of a completed change of address order (form 2101), the correspondence unit shall forward all mail to the address indicated on the form.

(3)

(i) If an inmate does not file a change of address order (form 2101), all mail, including legal mail, will be held until the inmate's return.

(ii) The senders of legal mail shall be advised by form letter (see section 722.7[b] of this Part) that the inmate is temporarily absent from the facility and that the legal mail received for the inmate will be held until the inmate's return.

(d) "Out-to-Hospital" inmates.

(1) Mail for inmates confined to a local hospital shall be hand-delivered from the facility to the hospital by the supervisor in charge of the hospital detail on his inspection tour or by any employee assigned to visit the hospital.

(2) The correspondence unit shall, upon receipt of a completed change of address order (form 2101), forward all mail received for an inmate confined to a hospital (other than local) to the address indicated on the form.

(3) If the inmate has not filed a change of address order (form 2101), all mail, including legal mail, will be held until the inmate's return. The senders of legal mail shall be advised by form letter (see section 722.7[b] of this Part) that the inmate is temporarily absent from the facility and that the legal mail received for the inmate will be held until the inmate's return.

(e) Turned over to another jurisdiction.

(1) If the inmate files a change of address order, form 2101, the correspondence unit shall:

(i) readdress forwardable mail, as specified by the inmate, for a period of six months;

(ii) after a six-month period, stamp all mail received "Not Here" and return to the post office;

(iii) dispose of any second or personal third class non-forwardable mail received for that particular inmate; and

(iv) retain the change of address order, form 2101, in a dead file for a year to document inmate's instructions.

(2) If a completed change of address order, form 2101, has not been filed, stamp all first class and forwardable mail received for that particular inmate "Not Here" and return to the post office. Dispose of non-forwardable second and personal third class mail for that particular inmate.

(f) Forwarding of parcel post.

(1) With a completed change of address order, form 2101, on file:

(i) The facility contacts the inmate at the address on record informing him/her that:

(a) a package was received for him/her;

(b) the amount of postage required to forward it; and

(c) if the required postage is not received within a two-week period, the package will be returned to sender.

(ii) Upon receipt of the postage, forward the package or, if the inmate refuses to pay the forwarding postage, return the package to sender.

(2) Without a completed change of address order, form 2101, on file, return the package to sender.

(3) Notwithstanding the provisions of this section, packages shall not be forwarded to inmates in work release facilities. If a change of address order indicates a work release facility, the package should be returned to the sender.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 722.5

Amended New York State Register June 1, 2022/Volume XLIV, Issue 22, eff. 6/1/2022