N.Y. Comp. Codes R. & Regs. tit. 9 § 7423.6

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

Section 7423.6 - Contraband found in incoming resident correspondence

(a) As used in this Part, the term contraband shall include any item which constitutes a threat to the safety, security, or good order of a facility, or the safety, security, or the health of a person.

(b) Incoming resident correspondence that is found to contain contraband shall be processed as follows:

(1) when contraband found in incoming resident correspondence may involve a criminal offense, the contraband shall be forwarded to the facility director, or designee, for disposition in accordance with facility procedures; and

(2) contraband found in incoming resident correspondence that does not involve a criminal offense but has personal or financial value, as determined by the facility director or designee, shall be returned to the sender at the resident's expense or retained by the facility for the resident. The disposition of such articles shall be inventoried and recorded in writing.

(i) The facility director, or designee, shall give written notice to the intended resident recipient of any determination made pursuant to this paragraph. The written notice shall include:

(a) the name and address of the sender;

(b) the nature of the contraband; and

(c) a statement of the specific facts and reasons underlying the determination.

(ii) Subsequent to any determination made pursuant to this paragraph, the facility director, of person acting in that capacity, shall, upon removal of the contraband accompanying the correspondence, forward such correspondence to the intended resident recipient.

(c) Cash, checks or money orders received through the mail shall be deposited in the personal cash account of the intended resident or forwarded to the facility director or designee for disposition in accordance with facility procedures. The resident shall be notified in writing of all amounts received and the disposition of such.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7423.6

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