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Section 723.3(d)(2)-(4) of 7 NYCRR is repealed and a new section 723.3(d)(2)-(4)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
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.
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
telephone calls. [,including toll-free 800 numbers,]
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
Section 723.5(d)(1)-(6) of 7 NYCRR is repealed and section 723.5(d) is amended
(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).”
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.