N.Y. Comp. Codes R. & Regs. tit. 7 § 720.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 720.6 - Inmate-to-inmate correspondence

(a) The superintendent or chief administrator at each facility may designate a staff member to process inmate-to-inmate correspondence requests.

(b) These requests will be investigated by both facilities to determine that the exchange of such correspondence will not create problems relating to the safety, security, or good order of the facilities, or the safety or well-being of any individual before any inmate-to-inmate correspondence is authorized.

(c) Authorization for such correspondence must come from the involved superintendents or their designees.

(1) Exception. Only the approval of the superintendent of the facility where the state inmate is housed is required when a state inmate requests to correspond with an inmate in the custody of the New York City department of corrections. This exception is based on the New York City department of corrections' policy which permits inmates to write to whomever they choose, including other inmates.

(2) Restrictions. Inmates are only permitted to correspond with immediate family members and codefendants in active cases. Immediate family members are defined as spouses, children, parents, siblings, and grandparents. Other inmate-to-inmate correspondence may only be approved in exceptional circumstances. Changes to the inmate-to-inmate correspondence lists are permitted only on a quarterly basis at the time of the inmate's scheduled interview. Photographs should not be included in inmate-to-inmate correspondence.

(3) Transfer of inmates. When an inmate is transferred, his/her approval to correspond with other inmates will remain in effect. The guidance staff at the receiving facility will notify the correspondence unit of the names of inmates with approvals for inmate-to-inmate correspondence.

(d) Denial and withdrawal of authorization.

(1) Denial of authorization. Denials of authorization for inmate-to-inmate correspondence shall include a statement of reasons for the denial, and shall be placed in both inmates' files. A denial of authorization may be appealed to the commissioner or his designee, in writing, within 30 days.

(2) Withdrawal of authorization. Authorization to correspond may be withdrawn by a superintendent in a particular case when it is demonstrated and documented that one or both inmates have violated facility or department rules and regulations, that the reason for the original approval no longer applies or has been determined to have been erroneous or deceptive, that the safety, security or good order of a facility is jeopardized, or that the safety or well being of any individual is jeopardized. Documentation shall be placed in both inmates' files.

(e) Inmate-to-inmate correspondence must not be sealed. If it is sealed, it may be opened and returned to the inmate sender.

(f) Inmate-to-inmate correspondence may be read by a superintendent (or his/her designee) of either the sending or receiving facility or by both. No inmate-to-inmate correspondence shall be deemed in any way to be privileged correspondence.

(g) There shall be no exchange of funds or packages between inmates without the specific approval of their respective facility superintendent(s). Transfers are limited to gifts between inmates related to each other.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 720.6