N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-3.6

Current through Register Vol. 46, No. 53, December 31, 2024

Section 171-3.6 - Inspection/confiscation of privileged mail

(a) If the facility director (or his/her designee) has reason to suspect that an item of incoming privileged correspondence contains material which could jeopardize the safe and secure operation of the facility, the facility director (or his/her designee) will personally inspect or read it.

(b) If a determination is made that to issue the correspondence to the resident would jeopardize the safe and secure operation of the facility or would not be in the best interest of the resident or the facility, the mail will be confiscated and retained as evidence.

(c) If the mail contains illegal material the facility director will notify the local police authorities and the deputy commissioner for rehabilitative services as soon as possible.

(d) If the facility director (or his/her designee) determines that it is appropriate for the resident to receive the correspondence, the mail will be delivered to the resident's housing unit and normal procedures followed.

(e) An explanation for review of a resident privileged mail must be documented and placed in the resident's file. In addition, if the privileged mail is confiscated, the resident will be notified.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-3.6