Department of Corrections and Community Supervision

Rules & Regulations

Privileged Correspondence (Section 721.2(b)(5) of 7 NYCRR)

Date filed with the Department of State (DOS): 03/14/2011

DOS #: COR-13-11-00003

Date adopted: 06/22/2011

Description: To clarify that incoming mail from a County Clerk shall be processed as regular correspondence.

TEXT OF RULE

The Department of Correctional Services amends section 721.2(b)(5) of 7NYCRR as indicated below:

(b) The following shall not be defined as privileged correspondence but shall be processed as general incoming correspondence in accordance with Part 720 of this Title, “Inmate Correspondence Program”

(1) mail which is not delivered in an envelope bearing the identity and official business return address of one of the above listed persons or entities;

(2) mail received from a board of elections;

(3) mail received from the Department of Motor Vehicles;

(4) mail received from the State Education Department, excluding materials sent to inmates marked “legal mail” by the New York State Library's Prisoner Services Project;

(5) mail received from any county or local tax assessor or clerk, except for a clerk of a court (Note: notwithstanding that a county clerk may also be a clerk of a court, mail from a county clerk shall be processed as general incoming correspondence) ; and

(6) mail received from the secretary of state, department of state, corporation division or uniform commercial code unit of any state.

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 New and/or repealed rules are noted in the description heading at the top of the document.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.