N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-2.5

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

Section 171-2.5 - Outgoing mail

(a) Residents are prohibited from sending correspondence to the following:

(1) persons in a correctional facility;

(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 status offenses or juvenile offender status; and

(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.

(b) Outgoing mail from residents to prohibited persons shall be confiscated and handled in accordance with the facility's contraband procedures. The resident shall be notified in writing of this action. 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.

(c) All outgoing mail shall be recorded in the facility resident correspondence log.

(d) Outgoing correspondence shall be held no more than 24 hours, excluding weekends and holidays.

(e) Outgoing resident mail must contain a return name (first name and last initial are required), facility name, address and ZIP code.

(f) Outgoing mail containing contraband shall be handled in accordance with the facility's contraband procedures. The resident shall be notified in writing of action taken.

(g) Staff are prohibited from mailing resident correspondence from outside the facility unless officially authorized to do so.

(h) Residents have the right to mail two letters per week at State expense. The facility shall make writing materials available and pay for first class postage only and shall not be responsible for mail which requires special handling charges such as certified mail or express mail. Additional postage, at State expense, may be authorized consistent with the provisions of the youth development system stage criteria. Mail privileges shall not accumulate from week to week.

(i) Residents have the right to send unlimited additional mail at their own expense. This mail must adhere to the same guidelines as mail sent at State expense.

(j) Residents may order items through the mail only with the prior approval of the facility director or designee.

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

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-2.5