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 722.5 - Procedure-forwarding of mail (correspondence unit)
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 722.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Transfer.
(1) An employee designated by the
superintendent shall provide transferring inmates with a change of address
order, form 2101, to be sent to the correspondence unit of the transferring
facility.
(2) The correspondence
unit of the transferring facility shall, upon notification via the facility
"Change Sheet," pull the file card(s) for the inmate(s) transferred from the
active file noting facility transferred to and refile in the transfer
file.
(3) Forward all first-class,
legal mail, and applicable magazines and newspapers to the incarcerated
individual at his/her new facility by adhering a new address label to the
envelope.
(4) If a completed change
of address order, form 2101, is filled out at the facility or received from the
incarcerated individual after transfer, transfer all other forwardable mail as
specified by the incarcerated individual. The receiving facility shall pay any
postage due and debit the incarcerated individual's account or encumber it if
the incarcerated individual does not have enough money to cover the
charges.
(5) If the incarcerated
individual refuses to guarantee postage for some or all personal third class
mail, it will be disposed of, as it cannot be returned to the post office in
bulk.
(b) Releases.
(1) When the inmate to be released signs for
his/her property, he/she shall be given a change of address order, form 2101,
and instructed to complete it and turn it in when the inmate picks up and signs
for his/her money.
(2) As the
inmate signs for his/her money, he/she shall be given the opportunity to file a
change of address order, form 2101, with the correspondence unit.
(3) If the inmate files a change of address
order, form 2101, the correspondence unit shall:
(i) upon notification via the facility's
"Change Sheet," remove inmate's file card from the active file and place in the
inactive file;
(ii) readdress
forwardable mail, as specified by the inmate, for a period of two
months;
(iii) dispose of second or
personal third class mail for which the inmate has refused to guarantee
postage;
(iv) after a two-month
period, stamp all mail received "Not Here" and return to the post office;
and
(v) retain the change of
address order, form 2101, in a dead file for a year to document inmate's
instructions.
(4) If a
completed change of address order, form 2101, has not been filed:
(i) upon notification via the facility's
"Change Sheet," remove inmate's file card from the active file and place in the
inactive file; and
(ii) stamp all
first class and forwardable mail received for that particular inmate "Not Here"
and return to the post office;
(iii) dispose of any second or personal third
class non-forwardable mail received for that particular inmate.
(c) "Out-to-Court."
(1) The correspondence unit, upon
notification via the facility "Change Sheet" placing an inmate on out-to-court
status, shall hold all mail received for that inmate until such time as:
(i) a completed change of address order, form
2101, is received from the inmate;
(ii) the inmate is out to court six months or
more; or
(iii) the inmate returns
from court.
(2) Upon
receipt of a completed change of address order (form 2101), the correspondence
unit shall forward all mail to the address indicated on the form.
(3)
(i) If
an inmate does not file a change of address order (form 2101), all mail,
including legal mail, will be held until the inmate's return.
(ii) The senders of legal mail shall be
advised by form letter (see section
722.7[b]
of this Part) that the inmate is temporarily absent from the facility and that
the legal mail received for the inmate will be held until the inmate's
return.
(d) "Out-to-Hospital" inmates.
(1) Mail for
inmates confined to a local hospital shall be hand-delivered from the facility
to the hospital by the supervisor in charge of the hospital detail on his
inspection tour or by any employee assigned to visit the hospital.
(2) The correspondence unit shall, upon
receipt of a completed change of address order (form 2101), forward all mail
received for an inmate confined to a hospital (other than local) to the address
indicated on the form.
(3) If the
inmate has not filed a change of address order (form 2101), all mail, including
legal mail, will be held until the inmate's return. The senders of legal mail
shall be advised by form letter (see section
722.7[b]
of this Part) that the inmate is temporarily absent from the facility and that
the legal mail received for the inmate will be held until the inmate's
return.
(e) Turned over to another jurisdiction.
(1) If the inmate
files a change of address order, form 2101, the correspondence unit shall:
(i) readdress forwardable mail, as specified
by the inmate, for a period of six months;
(ii) after a six-month period, stamp all mail
received "Not Here" and return to the post office;
(iii) dispose of any second or personal third
class non-forwardable mail received for that particular inmate; and
(iv) retain the change of address order, form
2101, in a dead file for a year to document inmate's instructions.
(2) If a completed change of
address order, form 2101, has not been filed, stamp all first class and
forwardable mail received for that particular inmate "Not Here" and return to
the post office. Dispose of non-forwardable second and personal third class
mail for that particular inmate.
(f) Forwarding of parcel post.
(1) With a completed change of address order,
form 2101, on file:
(i) The facility contacts
the inmate at the address on record informing him/her that:
(a) a package was received for
him/her;
(b) the amount of postage
required to forward it; and
(c) if
the required postage is not received within a two-week period, the package will
be returned to sender.
(ii) Upon receipt of the postage, forward the
package or, if the inmate refuses to pay the forwarding postage, return the
package to sender.
(2)
Without a completed change of address order, form 2101, on file, return the
package to sender.
(3)
Notwithstanding the provisions of this section, packages shall not be forwarded
to inmates in work release facilities. If a change of address order indicates a
work release facility, the package should be returned to the sender.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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