TEXT OF RULE
Section 720.3 (a) (1) (3) (4) of 7 NYCRR is amended as follows:
(a) Negative correspondence and telephone list. Whenever
the recipient of inmate correspondence indicates, in any manner, that he or
she does not wish to receive further correspondence from the inmate, [both]
the correspondence unit
, the package room, the Deputy
Superintendent for Security, the Senior Correction Counselor, the facility
and the inmate shall be notified. [An appropriate entry
shall be made in the inmate’s folder to document this notification.]
Departmental Form 3402 shall be used for notification.
A copy will be filed.
(1) 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 [not]
received [in writing], a confirmation letter shall be sent to the person making
the request. If such a person indicates, at a later time, that further correspondence
is not objectionable, the superintendent or his/her designee may, but need
not, direct [that] the name of that person or business be removed from the
negative correspondence and telephone list.
of a request to be placed on an inmate’s negative correspondence and
telephone list, the requester is to be informed of the toll-free telephone
number for the Office of Victim Services. The requester should also be told
that the Office of Victim Services is available to explain release notification
options and access to Crime Victim Compensation funds, and when appropriate,
to make referrals to support groups or community services such as those assisting
victims of domestic violence or sexual assault.
(3) No inmate shall continue to submit mail to be sent
to a person or business which currently appears on the inmate’s negative
and telephone list. Any inmate
who continues to submit mail to such a person or business may be subject to
disciplinary action and/or monitoring of outgoing mail for a specified period
(4) No inmate may correspond
make telephone calls to
[with] any person who is listed on a
court order of protection which prohibits such [correspondence]
contacts. 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.
Section 720.3 (b) (5) of 7 NYCRR is amended as follows:
(5) Victims. Authorization from the superintendent must
be obtained before an inmate may correspond with any victim of a crime for
which the inmate has been convicted or is presently under indictment, or with
any member of said victim’s household who is not an immediate family
member of the inmate.
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.
Section 720.4 (a) (1) of 7 NYCRR is amended as follows:
(1) Before opening, incoming mail should be checked to make
sure that the addressee can be accurately identified and is currently at the
facility. [If the addressee cannot be identified, the mail should be stamped
“Return to Sender – Addressee Cannot be Identified.”] If
the addressee is no longer at the facility, the mail shall be forwarded in
accordance with Part 722 of this Title.
general correspondence must have a clearly identifiable name of sender and
return address. A letter which does not have a return address will not be
delivered to the inmate. It will be considered contraband and handled in accordance
with departmental directive.
Section 720.4 (d) (5) of 7 NYCRR is amended as follows:
(5) Illegal items. Illegal items, e.g., drugs, weapons,
etc., shall be forwarded to the security office, with appropriate chain-of-custody
documentation. When appropriate, the State Police
other police agency
shall be notified.
Section 720.7 (e) of 7 NYCRR is amended as follows:
(e) All business mail addressed to the media may be submitted
sealed. Such business mail shall not be subject to opening, inspection, or
confiscation, except in accordance with the provisions of section 720.3[(a)(8)]
(c) of this Part.
Section 720.8 (d) of 7 NYCRR is amended as follows:
(d) Advances for personal postage. Funds may be advanced
to an inmate for one
domestic first class one
ounce letter per month in the following circumstances:
(1) The inmate has been confined to SHU for disciplinary
or administrative segregation for 30 days or more, and has a zero or negative
(2) The inmate has been in keeplock status for 30 days or
more, has lost telephone privileges, and has a zero or negative account balance.
(3) The inmate has lost telephone privileges, has a zero
or negative account balance, and has not refused to accept available program