N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 171-2.4 - Incoming mail

(a) With the exceptions provided for in this regulation, all correspondence is to be given to residents within 24 hours of being received at the facility, excluding weekends and holidays.

(b) All incoming mail at facilities will be screened in a central area, as designated by the facility director.

Incoming mail will not be forwarded to housing units, prior to inspection.

(c) Incoming mail will be screened by staff, who will inspect the contents, issue receipts for cash/money orders, and remove contraband before forwarding mail to the resident. Any cash/money orders received shall be forwarded to the facility business office in accord with facility procedures. All incoming mail will be logged in the facility resident correspondence log.

(d) The facility director may authorize the reading of a resident's incoming mail when the director reasonably suspects that to issue the incoming mail to the resident would jeopardize the security and good order of the facility. The resident shall be informed in writing when incoming mail is read. Such notification of the resident may be delayed when the notification would interfere with an ongoing investigation of circumstances that impact the security and good order of the facility.

(e) OCFS residents are permitted to receive incoming mail except from the following:

(1) persons in correctional facilities or jails;

(2) persons under parole supervision;

(3) other persons in OCFS custody, including residents in other units or cottages in the same facility or on the same grounds, or youth in aftercare or day placement programs;

(4) persons in the custody of any other agency or jurisdiction due to alleged criminal behavior, adjudicated juvenile delinquency, or juvenile offender status.

(5) The facility director may waive these restrictions in the case of an immediate family member, or person who has demonstrated a parental or sibling relationship with the resident, if it is determined that a waiver is in the best interest of the resident.

(f) Incoming mail must contain a return address including the first and last name of the sender. If this information is missing, the mail shall be confiscated and handled in accordance with the facility contraband procedures. The resident shall be notified in writing of action taken.

(g) Incoming mail from prohibited persons shall be returned to the sender if there is a return address or a known address. If the address cannot reasonably be determined, the mail shall be confiscated and handled in accordance with the facility's contraband procedures. The resident shall be notified in writing of the action taken.

(h) Incoming mail containing items considered to be contraband shall be confiscated and handled in accordance with the facility's contraband procedures. The resident shall be notified in writing of action taken. Notification of the resident may be delayed when such notification would interfere with an ongoing investigation of circumstances that impact the security and good order of the facility.

(i) Staff are prohibited from receiving correspondence for a resident (inside or outside the facility) unless it is an official part of their duties.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-2.4