Current through Register Vol. 45, No. 52, December 27, 2023
(a)
The superintendent or chief administrator at each facility may designate a
staff member to process inmate-to-inmate correspondence requests.
(b) These requests will be investigated by
both facilities to determine that the exchange of such correspondence will not
create problems relating to the safety, security, or good order of the
facilities, or the safety or well-being of any individual before any
inmate-to-inmate correspondence is authorized.
(c) Authorization for such correspondence
must come from the involved superintendents or their designees.
(1) Exception. Only the approval of the
superintendent of the facility where the state inmate is housed is required
when a state inmate requests to correspond with an inmate in the custody of the
New York City department of corrections. This exception is based on the New
York City department of corrections' policy which permits inmates to write to
whomever they choose, including other inmates.
(2) Restrictions. Inmates are only permitted
to correspond with immediate family members and codefendants in active cases.
Immediate family members are defined as spouses, children, parents, siblings,
and grandparents. Other inmate-to-inmate correspondence may only be approved in
exceptional circumstances. Changes to the inmate-to-inmate correspondence lists
are permitted only on a quarterly basis at the time of the inmate's scheduled
interview. Photographs should not be included in inmate-to-inmate
correspondence.
(3) Transfer of
inmates. When an inmate is transferred, his/her approval to correspond with
other inmates will remain in effect. The guidance staff at the receiving
facility will notify the correspondence unit of the names of inmates with
approvals for inmate-to-inmate correspondence.
(d) Denial and withdrawal of authorization.
(1) Denial of authorization. Denials of
authorization for inmate-to-inmate correspondence shall include a statement of
reasons for the denial, and shall be placed in both inmates' files. A denial of
authorization may be appealed to the commissioner or his designee, in writing,
within 30 days.
(2) Withdrawal of
authorization. Authorization to correspond may be withdrawn by a superintendent
in a particular case when it is demonstrated and documented that one or both
inmates have violated facility or department rules and regulations, that the
reason for the original approval no longer applies or has been determined to
have been erroneous or deceptive, that the safety, security or good order of a
facility is jeopardized, or that the safety or well being of any individual is
jeopardized. Documentation shall be placed in both inmates' files.
(e) Inmate-to-inmate
correspondence must not be sealed. If it is sealed, it may be opened and
returned to the inmate sender.
(f)
Inmate-to-inmate correspondence may be read by a superintendent (or his/her
designee) of either the sending or receiving facility or by both. No
inmate-to-inmate correspondence shall be deemed in any way to be privileged
correspondence.
(g) There shall be
no exchange of funds or packages between inmates without the specific approval
of their respective facility superintendent(s). Transfers are limited to gifts
between inmates related to each other.
