N.Y. Comp. Codes R. & Regs. tit. 7 § 723.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 723.3 - General policy relating to all inmate telephone calls

(a)Collect calls.

Calls will be made collect, except for calls outside of the continental United States, Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central Northern Marianna Islands and some emergency telephone calls.

(b)Facility telephone schedule.

"Call-home" program operations shall be permitted everyday, including holidays within the hours of 7:00 a.m. to 11:00 p.m. Calls started at 11:00 p.m. or earlier will be allowed a full 30-minute call. Calls attempted after 11:00 p.m. will not be processed. Each superintendent will determine suitable time frames for calling within those hours, and a schedule for calls will be established. Every effort will be made to maintain this schedule.

(c)Monitoring notice.

The following notice shall be posted adjacent to any telephone to be used by inmates advising them that their telephone calls may be monitored. This notice shall be in both English and Spanish and shall state:

NOTICE

ALL INMATE TELEPHONE CONVERSATIONS ARE SUBJECT TO

ELECTRONIC MONITORING AND/OR RECORDING BY DEPARTMENT PERSONNEL.

AVISO

TODAS LAS LLAMADAS TELEPHONICAS DE LOS RECLUSOS PUEDEN SER

ESCUCHADAS POR MEDIOS ELECTRONICOS

YPUEDEN SER GRAVADAS POR EL PERSONAL DEL DEPARTMENTO.

(d)Negative correspondence and telephone list.

(1) Each facility will maintain a negative correspondence and telephone list in the guidance and counseling unit case folder of each inmate.

(2) Whenever the recipient of an inmate's correspondence or telephone calls indicates, in any manner, that he or she does not wish to receive further correspondence or phone calls from the inmate, the correspondence unit, the package room, the Deputy Superintendent for Security, the Senior Correction Counselor, the facility parole office and the inmate shall be notified. Departmental form 3402 shall be used for notification. A copy will be filed.

(3) Negative correspondence and telephone list: The negative correspondence and telephone list shall contain the name of any person or business that has indicated, in any manner, that further correspondence from the inmate is not desired. If a request to be removed from an inmate's telephone or correspondence list is received, a letter of confirmation shall be sent to the person making the request. If such a person or business indicates, at a later time, that further correspondence is not objectionable, the superintendent or his designee may, but need not, direct the name of the person or business be removed from the negative correspondence and telephone list.

(4) No inmate shall continue to submit mail to or make telephone calls to any person or business that currently appears on his or her negative correspondence and telephone list. Any inmate continuing to do so may be subject to disciplinary action and/or monitoring of outgoing mail for a specific period of time.

(e)Prohibited calls.

(1) Inmates are prohibited from placing telephone calls to the following (unless the individual is a member of the inmate's immediate family e.g., wife, child, parent, grandparent, brother, sister, aunt, or uncle):

(i) present or former employees of the Department of Correctional Services and their families;

(ii) present or former employees of the Division of Parole and their families;

(iii) present or former employees of Federal, State and local criminal justice agencies, including but not limited to police agencies, district attorneys, Federal and local correctional agencies, probation departments, and the families of such employees;

(iv) jurors involved in the conviction of the inmate, and their families;

(v) judges involved in the conviction or indictment of the inmate, and their families; and

(vi) crime partners who are not incarcerated.

(2) No inmate may place a telephone call to the residence of a victim of the crime(s) for which the inmate has been convicted or is presently under indictment regardless of whether immediate family members maintain the same residence, unless prior written authorization has been received from the superintendent. The name of the person(s) will be added to the negative correspondence and telephone list. Departmental form 3402 will be completed and used for notification. A copy will be filed.

(3) No inmate may call the phone number of any person listed on a court order of protection which prohibits telephone communication, unless the order specifically states that the inmate is not prohibited from communication by phone with another person at that same phone number. The name of the person(s) will be added to the negative correspondence and telephone list. Departmental form 3402 will be completed and used for notification. A copy will be filed.

Note:

Should the facility receive two or more orders, the terms of which appear to be in conflict with one another, the facility should contact counsel's office for direction.

(4) Inmates are prohibited from making telephone calls for the purpose of harassing or intimidating any person. Staff and inmates are advised that such telephone calls may violate Federal and/or State laws. Facility superintendents shall report serious and/or continuing telephone calls of this type to the proper law enforcement authorities.

(5) Inmates are prohibited from making telephone calls for the purpose of conspiring to violate Federal, State or local laws or ordinances, and are prohibited from using facility telephones to conduct a continuing criminal enterprise.

(6) Inmates are prohibited from making telephone calls to inmates in other New York State, Federal, other state, county or local correctional facilities.

Exception: In special situations, subject to the approval of the superintendents of the two facilities, inmate-to-inmate telephone calls between immediate family members or the parents of a child may, but need not be authorized once a month. Such telephone calls, when permitted shall be employee assisted and monitored.

(7) Inmates are prohibited from making telephone calls to persons under probation or parole supervision without the written approval of the superintendent and the parole officer who is supervising the parolee or the probation officer who is supervising the probationer. Such approvals will usually only be granted in cases involving immediate family members. A copy of the written approval of the superintendent and probation or parole officer authorizing such telephone calls will be retained in the inmate's guidance and counseling unit case file.

(8) Inmates are prohibited from making toll-free telephone calls. Inmates are prohibited from making telephone calls to order goods and services from private vendors or to conduct business-related activities.

(9) Inmates are prohibited from making telephone calls to Operator Information.

(10) Inmates are prohibited from making telephone calls to unrelated minor persons under 18 years of age without the written approval of the minor's parent or legal guardian.

(i) The parent or legal guardian must forward a letter to the superintendent granting such approval before such telephone calls may take place.

(ii) A copy of the letter from the parent or legal guardian granting such approval will be retained in the inmate's guidance and counseling unit case folder.

(11) Inmate telephone calls and telephone conversations shall be restricted to the telephone number dialed or otherwise placed by or for the inmate, and shall terminate at the billing address of the called party. Telephone call forwarding or third- party phone calls are prohibited.

(12) Inmates are prohibited from placing calls to wireless communications devices, e.g., cellular or PCS telephones, pagers, etc. except that an emergency call to such a device may be authorized under subdivision (g) of this section.

(13) An inmate may not use another inmate's PIN number to place calls.

(f)Calls upon transfer or return to a facility.

(1) Transferred inmates. Within 24 hours of arrival at a new facility an inmate shall be permitted one collect telephone call to the family. If security precautions prevent the inmate from placing this call, a staff person designated by the superintendent, usually from the guidance and counseling unit, shall make the call to a person of the inmate's choice.

(i) Exception. This procedure does not apply to an inmate in "transit status" or temporarily at a transit facility overnight or for a weekend during transfer, but it does apply to inmates in holding units in Auburn and Sing Sing.

(2) Out to court/hospital. An inmate out to court or in a hospital for a period of five days or more will be allowed to make a collect telephone call within 24 hours of return to the correctional facility. Collect calls from an outside hospital, other than a secure ward, may be made only with the approval of the superintendent or his/her designee.

(3) Returned parole violators. A returned parole violator will be allowed to make one collect telephone call within 24 hours after arrival to a person of his/her choice.

(g)Emergency calls.

(1)

(i) Whenever an inmate must place any type of emergency telephone call, the inmate shall contact his assigned correction counselor, explain the emergency situation, and request that an emergency telephone call be permitted.

(ii) The correction counselor will make a recommendation to the senior correction counselor, and if the senior correction counselor approves, the call can be placed. Inmates confined in SHU status must have the superintendent's approval.

(iii) In the absence of a correction counselor or a senior correction counselor, the inmate shall contact the watch commander or chaplain, and one of them shall make a decision whether the request for an emergency telephone call should be granted. The decision of the watch commander or chaplain does not require additional approval, but the senior correction counselor must be advised the next day of the decision.

(2) Facility correction counselor staff shall make chronological entries in the inmate's guidance and counseling unit case folder whenever an emergency telephone call is approved and completed. This chronological entry shall clearly indicate:

(i) the date of the call;

(ii) the name of the correction counselor, senior correction counselor, or other employee who authorized the call;

(iii) the name and telephone number of the person to whom the call was made; and

(iv) the nature of the emergency call.

(3) Whenever possible, emergency telephone calls shall be collect calls to the person receiving the call.

(4) When a person receiving the emergency call is unable and/or unwilling to accept a collect call, the cost of the call will be charged to the inmate. The assisting employee shall contact the operator prior to the call and ask that the call be placed as a "time and charges" call. The operator will then be able to call the facility back and provide the amount of the toll. A disbursement form authorizing payment for the call will then be completed, signed by the inmate and forwarded to the fiscal office for posting. Any charge from the telephone company related to securing this information will be borne by the facility.

(5) In cases of extreme emergency, a senior correction counselor, chaplain or watch commander may authorize that emergency telephone calls be made at facility expense. However, this procedure should only be permitted when it is clear that both the inmate and the party receiving the call cannot pay for the call.

(6) Whenever a senior correction counselor, chaplain or watch commander authorizes an emergency call at the facility's expense, a chronological entry shall be made in the inmate's guidance and counseling unit case folder clearly indicating the reason(s) why this unusual procedure was permitted, as well as recording the other information required pursuant to this subdivision.

(h)Calls outside the continental United States, Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central Northern Marianna Islands.

Telephone calls outside of the continental United States, Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central Northern Marianna Islands will be employee-assisted pursuant to section 723.4 of this Part, with the following additional specifications:

(1) Calls will be permitted two times per month, except in emergency situations.

(2) Calls must first be checked by an employee designated by the superintendent to verify whether:

(i) the inmate has sufficient funds in his/her account to cover the cost of the call; and

(ii) the inmate has not reached the two-call per month limit.

(3) All toll costs will be charged to the inmate. The assisting employee shall contact the operator prior to the call and ask that the call be placed as a "time and charges" call. The operator will then be able to call the facility back after the call and provide the amount of the toll. A disbursement form authorizing payment for the call will then be completed, signed by the inmate, and forwarded to the fiscal office for posting. Any charge from the telephone company related to securing toll information will be borne by the facility.

(4) In cases of extreme emergency, the senior correction counselor may authorize emergency telephone calls at the facility's expense. However, this procedure should only be permitted when it is clear that both the inmate and the party receiving the call cannot pay for the call. In such cases, a chronological entry shall be made in the inmate's guidance and counseling unit case folder clearly indicating the reason(s) why this unusual procedure was permitted, as well as recording the other information required by subdivision (g) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 723.3