N.Y. Comp. Codes R. & Regs. tit. 9 § 7004.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 7004.2 - Outgoing prisoner correspondence

(a) Each local correctional facility shall make available to indigent prisoners at facility expense stationery and postage for at least two one-ounce pieces of correspondence each week.

(b) Each facility shall make available for purchase by prisoners both stationery and postage.

(c) Outgoing prisoner correspondence shall bear at least the sender's name and the institutional post office box or street address in the upper left-hand corner of the envelope.

(d) Outgoing prisoner correspondence shall be sealed by the prisoner.

(e) All outgoing prisoner correspondence shall be collected and forwarded to the United States Postal Service at least once each business day.

(f) Outgoing prisoner nonprivileged correspondence shall not be opened or read except when the chief administrative officer determines there is reasonable suspicion to believe that the contents of such correspondence endanger or threaten the safety or security of the facility or the safety, security or health of another person.

(g) When the chief administrative officer makes such a determination, he shall issue a written order which shall state the specific facts and reasons why such action is necessary to maintain the safety and security of the facility or the safety and security of another person.

(h) A prisoner shall be notified in writing when his outgoing nonprivileged correspondence is opened pursuant to this section.

(i) A prisoner shall be present when his outgoing nonprivileged correspondence is read pursuant to this section.

(j) The chief administrative officer may delay notifying the inmate regarding the specific facts and reasons when such notification would endanger the safety, security and good order of the facility. As soon as the danger no longer exists, the chief administrative officer shall immediately notify the inmate.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7004.2