Department of Corrections and Community Supervision

Rules & Regulations

Inmate Telephone Calls (Part 723 of 7 NYCRR)

Date filed with the Department of State (DOS): 9/19/2007

DOS #: COR-38-07-00004

Date adopted: 12/19/2007

Description: To better document public requests not to be contacted by specific inmates, prohibit inmates from contacting their victims or people with court orders of protection.

TEXT OF RULE

Section 723.3(d)(2)-(4) of 7 NYCRR is repealed and a new section 723.3(d)(2)-(4) is adopted to read as follows:

(2) Whenever the recipient of an inmate’s correspondence or telephone calls indicates, in any manner, that he or she does not wish to receive further correspondence or phone calls from the inmate, the correspondence unit, the package room, the Deputy Superintendent for Security, the Senior Correction Counselor, the facility Parole Office and the inmate shall be notified. Departmental Form 3402 shall be used for notification. A copy will be filed.

(3) Negative Correspondence and Telephone List: The Negative Correspondence and Telephone List shall contain the name of any person or business that has indicated, in any manner, that further correspondence from the inmate is not desired. If a request to be removed from an inmate’s telephone or correspondence list is received, a letter of confirmation shall be sent to the person making the request. If such a person or business indicates, at a later time, that further correspondence is not objectionable, the Superintendent or his designee may, but need not, direct the name of the person or business be removed from the Negative Correspondence and Telephone List.

(4) No inmate shall continue to submit mail to or make telephone calls to any person or business that currently appears on his or her Negative Correspondence and Telephone List. Any inmate continuing to do so may be subject to disciplinary action and/or monitoring of outgoing mail for a specific period of time.

Section 723.3(e)(2)(3) and (8) of 7 NYCRR is amended as follows:

(2) No inmate may place a telephone call to the residence of a victim of the crime(s) for which the inmate has been convicted or is presently under indictment regardless of whether immediate family members maintain the same residence, unless prior written authorization has been received from the Superintendent. The name of the person(s) will be added to the Negative Correspondence and Telephone List. Departmental Form 3402 will be completed and used for notification. A copy will be filed.

(3) No inmate may call the phone number of any person listed on a court order of protection which prohibits telephone communication, unless the order specifically states that the inmate is not prohibited from communicating by phone with another person at that same phone number. The name of the person(s) will be added to the Negative Correspondence and Telephone List. Departmental Form 3402 will be completed and used for notification. A copy will be filed.

(8) Inmates are prohibited from making toll-free telephone calls. [,including toll-free 800 numbers,] Inmates are prohibited from making telephone calls to order goods and services from private vendors or to conduct business-related activities.

Section 723.5(b)(6) of 7 NYCRR is amended as follows:

(6) Call should be limited in duration based on facility needs and will automatically terminate when the specified time limit has been reached [,preceded by a warning buzz]. No call shall exceed 30 minutes. When other inmates are waiting to place calls, a 10-minute limit may be imposed.

Section 723.5(c)(2) of 7 NYCRR is amended as follows:

(2) To establish the permanent telephone list, the inmate must fill out a “telephone form” and give it to his/her correction counselor for approval. No inmate may add any person who is listed on an active court order of protection which prohibits such contacts.

Section 723.5(d)(1)-(6) of 7 NYCRR is repealed and section 723.5(d) is amended as follows:

(d) Calling procedure. The inmate shall access the system by utilization of an individual PIN number which is the inmate DIN number modified so that the alpha letter is converted to corresponding numeral. The detailed procedures for inmate self-dial calling are set forth in the departmental directive on inmate telephone calls which are located in inmate libraries and may be viewed by the public at www.doccs.ny.gov, under the “Directives” menu options, titled: “Inmate Telephone Calls (Directive 4423).”

Note:

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

The complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website.