New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VIII - Institutional Programs
Part 722 - Forwarding Incarcerated Individual Mail
Section 722.2 - General information

(a) Local post offices provide facilities with bulk delivery service only, sorting all mail by facility address, not the individual addressee. The post office's responsibility ends when such mail is delivered to the facility address.

(b) Once the mail is delivered in bulk to the facility, it becomes the responsibility of the department to see that each individual inmate receives all mail addressed to him/her.

(c) A postal change of address order, which normally provides for the forwarding of an individual's mail, is not honored by the post office for the forwarding of inmate mail as this is handled as "bulk delivery." Therefore, the forwarding of inmate mail is the responsibility of the department.

(d) Facilities must comply with the United States Postal Service requirements which require the facility to assume financial responsibility for forwarding any inmate mail it opens. Each facility will be required to establish a procedure to verify the presence of inmates at the facility prior to opening inmates' mail. When the facility opens the letter of an inmate no longer at the facility, it has the option of using the facility mail pouch or returning it to the post office for forwarding. When it is returned to the post office for forwarding, it must be placed in a new envelope, be properly addressed and be stamped with the appropriate amount of postage.

(e) Facilities are also required to assume responsibility for any accountable mail for which they sign. Accountable mail is deemed to be any mail which requires a signature to be received. Once the facility signs for accountable mail, it will assume responsibility for any financial cost of forwarding it to the inmate. The facility will forward legal (i.e., from a judge, clerk of court or attorney), accountable mail forthwith and assume financial liability if forwarded through the post office. Non-legal accountable mail may be forwarded in the facility's mail pouch if forwarded within five business days.

(f) The correspondence unit at the facility which receives the mail is responsible for checking to see if the inmate is in the facility and for the proper delivery or forwarding of all inmate mail.