Department of Corrections and Community Supervision

Rules & Regulations

Unauthorized Organizational Activities, Gang Activities & Media Review

Date filed with the Department of State (DOS): 3/05/2008

DOS #: COR-10-08-00001

Date adopted: 5/28/2008

Description: To clarify and expand the types of unauthorized materials that can result in disciplinary action if possessed by inmates, identify the activities and materials associated with gangs, and amend media review standards accordingly.

TEXT OF RULE

Repeal and reserve section 270.2(B)(6)(iii) of Title 7 NYCRR (Rule 105.12).

Addition of two new sections 270.2(B)(6)(iv) and 270.2 (B)(6)(v) to read as follows:

270.2(B)(6)(iv)
105.13 An inmate shall not engage in or encourage others to engage in gang activities or meetings, or display, wear, possess, distribute or use gang insignia or materials including, but not limited to, printed or handwritten gang or gang related material.

Note: For purposes of this rule, a gang is a group of individuals, having a common identifying name, sign, symbol or colors, who have individually or collectively engaged in a pattern of lawlessness (e.g., violence, property destruction, threats of harm, intimidation, extortion, or drug smuggling) in one or more correctional facilities or that are generally recognized as having engaged in a pattern of lawlessness in the community as a whole. For purposes of this rule, printed or handwritten gang or gang related material is written material that, if observed in the inmate’s possession, could result in an inference being drawn about the inmate’s gang affiliation, but excludes published material that that the inmate has obtained through the facility library or that has been approved for the inmate to possess through the media review process.

I,II,III

270.2(B)(6)(v)
105.14 An inmate shall not engage in or encourage others to engage in unauthorized organizational activities or meetings, or possess printed or handwritten material relating to an unauthorized organization where such material advocates either expressly or by clear implication, violence based upon race, religion, sex, sexual orientation, creed, law enforcement status or violence or acts of disobedience against department employees or that could facilitate organizational activity within the institution by an unauthorized organization.

Note: For purposes of this rule an unauthorized organization is any organization which has not been approved by the deputy commissioner for program services. Printed or handwritten material that could facilitate organizational activity includes, but is not limited to, a membership roster, organizational chart, constitution or by-laws. This rule excludes possession of published material that the inmate has obtained through the facility library or that has been approved for the inmate to possess through the media review process. During the pendency of an application to obtain authorization for a proposed inmate organization, the rule also excludes specific printed or handwritten material that the Deputy Superintendent of Programs or higher ranking employee has requested in writing the inmate submits as part of the application process.

I,II,III

Amend Section 712.2(i) of Title 7 NYCRR by adding a note to read as follows:

(i) The department reserves the right to deny the inmate publications which may be held noninciteful or nonadvocative, as the case may be, during the media review process, but which actually result in violence or disobedience after entrance into a facility, as is clearly set forth in paragraphs (h)(3) and (6) of this section. Such items shall be referred to the Facility Media Review Committee, and if appealed, referred to the Central Office Media Review Committee, for decision.

Note: There also may exist certain written material that, if observed by a fellow inmate in the inmate’s possession, could result in an inference being drawn about the inmate’s gang affiliation and thereby target him or her for assault or result in other disruptive conduct. There likewise may exist certain written material that could facilitate organizational activity within an institution by an organization that has not been approved by the deputy commissioner for program services to operate within that institution. Material that could facilitate organizational activity includes, but is not limited to, a membership roster, organizational chart, constitution or by-laws. All such material described in this note can be disallowed although otherwise determined not to incite or advocate for violence or disobedience.

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.