N.Y. Comp. Codes R. & Regs. tit. 9 § 7423.3

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

Section 7423.3 - Incoming resident correspondence

(a) Incoming resident correspondence, other than privileged correspondence, may be opened and inspected outside the presence of the intended resident recipient solely to ensure the absence of contraband.

(b) Incoming resident correspondence shall not be read except pursuant to written order of the facility director, or person acting in that capacity. Such written order shall state the specific facts and reasons why such action is necessary to maintain the safety, security, or good order of a facility, or the safety, security, or health of a person.

(1) A copy of any order made pursuant to this subdivision shall be forwarded by the facility director, or person acting in that capacity, to the intended resident recipient unless doing so would interfere with an ongoing investigation.

(2) A written record of correspondence read pursuant to this subdivision shall be maintained. Such record shall include:

(i) the name of the sender;

(ii) the name of the intended resident recipient;

(iii) the date the correspondence was read; and

(iv) the name of the reader.

(c) Should the facility director, or person acting in that capacity, upon reading any incoming resident correspondence pursuant to subdivision (b) of this section, determine that such correspondence or any portion thereof constitutes a threat to the safety, security, or good order of the facility, or the safety, security, or the health of a person, except as provided in subdivision (d) of this section, the director, or person acting in that capacity, shall return the correspondence to the sender. A written statement setting forth the specific facts and reasons underlying the determination will be retained in the resident's record. A copy of such written statement shall be forwarded to the intended resident recipient. Any reading or determination made pursuant to this subdivision shall be completed by the facility director, or person acting in that capacity, within five business days after receipt of the correspondence at the facility.

(d) When any incoming resident correspondence read pursuant to subdivision (c) of this section may involve a criminal offense, it shall be forwarded to the facility director, or person acting in that capacity, for appropriate disposition in accordance with facility procedures.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7423.3

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