N.Y. Comp. Codes R. & Regs. tit. 9 § 7407.3

Current through Register Vol. 46, No. 41, October 9, 2024

Section 7407.3 - Facility review of incoming printed material and publications

(a) Incoming printed material and publications may be read and reviewed. 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 or security of a secure facility, or the resident's treatment or rehabilitation program.

(b) When the introduction of any printed material or publication into a secure facility is thought to constitute a threat to the safety or security of a secure facility, or the resident's treatment or rehabilitation, such printed material or publication shall be forwarded to the facility director, or person acting in that capacity, for appropriate disposition. The facility director or designee shall read and review such printed material and shall make a determination as to whether it shall be censored.

(c) Any determination made pursuant to subdivision (b) of this section 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 intended resident recipient.

(d) The reading, review and determination made pursuant to subdivision (b) of this section shall be completed within 10 days after receipt of the printed material or publication at the facility.

(e) When any incoming printed material or publication may involve a criminal offense, it shall be forwarded by the facility director or person acting in that capacity for appropriate disposition.

(f) Except as provided in subdivision (b) of this section, the deletion of any portion of any printed material or publication that has been censored pursuant to subdivision (c) of this section shall be permitted only when the intended resident recipient consents in writing 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 resident recipient.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7407.3

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018