N.Y. Comp. Codes R. & Regs. tit. 9 § 7004.4

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

Section 7004.4 - Privileged incoming and outgoing correspondence

(a) As used in this Part, legal privileged correspondence shall mean correspondence to or from attorneys and individuals under the direct supervision of attorneys, legal assistance agencies and individuals under the direct supervision of legal assistance agencies, and courts. General privileged correspondence shall mean correspondence to and from the State Commission of Correction and other correctional officials, local, State and Federal law enforcement agencies, and the media.

(b) Incoming general and legal privileged correspondence shall not be opened and inspected for contraband except in the presence of the recipient prisoner.

(c) Outgoing general and legal privileged correspondence shall not be opened and inspected for contraband except where the chief administrative officer determines there is reasonable suspicion to believe that the contents of such privileged correspondence threaten the safety or security of the facility or the safety and security of another person. A prisoner shall be present when his outgoing general or legal privileged correspondence is opened pursuant to this subdivision.

(d) Incoming or outgoing prisoner legal privileged correspondence shall not be read except pursuant to a lawful search warrant. Such warrant shall be obtained within 24 hours of the facility's receipt of such correspondence and shall be enforced immediately after its issuance. A prisoner shall be present when his privileged correspondence is read pursuant to this subdivision.

(e) Incoming and outgoing general privileged correspondence shall not be read except where the chief administrative officer determines there is reasonable suspicion to believe that the contents of such general privileged correspondence endanger or threaten the safety or security of the facility or the safety and security of another person. 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. The recipient inmate shall be present when his incoming and outgoing general privileged correspondence is read pursuant to this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7004.4