N.Y. Comp. Codes R. & Regs. tit. 9 § 7026.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7026.2 - Facility review of incoming printed material and publications

(a) Incoming printed material and publications may be read and reviewed.

(b) Incoming printed material and publications may be censored only when it is determined that an item of printed material or a publication constitutes a threat to the safety, security or good order of a local correctional facility.

(c) As used in this Part, the term censor shall mean the exclusion of any printed material or publication, or any portion thereof.

(d) Consistent with the requirements of this Part, printed material and publications may not be censored solely because they:

(1) criticize a correctional facility, its staff, or the correctional system;

(2) espouse unpopular ideas, including ideas that facility staff deem not conducive to rehabilitation or correctional treatment; or

(3) contain ideas supporting ethnic or racial militancy.

(e) When the introduction into a facility of any printed material or publication is thought to constitute a threat to the safety, security or good order of the facility, such printed material or publication shall be forwarded to the chief administrative officer. The chief administrative officer shall read and review such printed material and shall make a determination as to whether it shall be censored.

(f) Any determination made by the chief administrative officer pursuant to this Part to censor an item of printed material or a publication shall be made in writing and shall state the specific facts and reasons underlying such determination. A copy of such determination shall be given to the sender and the intended prisoner recipient.

(g) Any reading, review or determination made pursuant to this section shall be completed within seven days after the receipt of the printed material or publication at the facility. When the printed material or publication is a periodical, any reading, review or determination made pursuant to this section shall be completed within 48 hours after the receipt of the printed material or publication at the facility.

(h) When any incoming printed material or publication may involve a criminal offense, it shall be forwarded by the chief administrative officer to the appropriate authority for criminal prosecution.

(i) Except as provided in subdivision (h) of this section, the deletion of any portion of any printed material or publication that has been censored pursuant to subdivision (e) of this section shall be permitted only when the intended prisoner recipient consents to such deletion, in which case the censored portion of the printed material or publication shall be deleted and the remainder forwarded to the intended prisoner recipient. When the intended prisoner recipient does not consent to such deletion, the entire printed material or publication at issue shall be returned to the sender.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7026.2