Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Collect calls.
Calls will be made collect, except for calls outside of the
continental United States, Canada, U.S. Virgin Islands, Puerto Rico, Guam and
Central Northern Marianna Islands and some emergency telephone
calls.
(b)
Facility
telephone schedule.
"Call-home" program operations shall be permitted everyday,
including holidays within the hours of 7:00 a.m. to 11:00 p.m. Calls started at
11:00 p.m. or earlier will be allowed a full 30-minute call. Calls attempted
after 11:00 p.m. will not be processed. Each superintendent will determine
suitable time frames for calling within those hours, and a schedule for calls
will be established. Every effort will be made to maintain this
schedule.
(c)
Monitoring notice.
The following notice shall be posted adjacent to any
telephone to be used by inmates advising them that their telephone calls may be
monitored. This notice shall be in both English and Spanish and shall
state:
NOTICE
ALL INMATE TELEPHONE CONVERSATIONS ARE SUBJECT TO
ELECTRONIC MONITORING AND/OR RECORDING BY DEPARTMENT
PERSONNEL.
AVISO
TODAS LAS LLAMADAS TELEPHONICAS DE LOS RECLUSOS PUEDEN
SER
ESCUCHADAS POR MEDIOS ELECTRONICOS
YPUEDEN SER GRAVADAS POR EL PERSONAL DEL
DEPARTMENTO.
(d)
Negative correspondence and telephone list.
(1) Each facility will maintain a negative
correspondence and telephone list in the guidance and counseling unit case
folder of each inmate.
(2) Whenever
the recipient of an inmate's correspondence or telephone calls indicates, in
any manner, that he or she does not wish to receive further correspondence or
phone calls from the inmate, the correspondence unit, the package room, the
Deputy Superintendent for Security, the Senior Correction Counselor, the
facility parole office and the inmate shall be notified. Departmental form 3402
shall be used for notification. A copy will be filed.
(3) Negative correspondence and telephone
list: The negative correspondence and telephone list shall contain the name of
any person or business that has indicated, in any manner, that further
correspondence from the inmate is not desired. If a request to be removed from
an inmate's telephone or correspondence list is received, a letter of
confirmation shall be sent to the person making the request. If such a person
or business indicates, at a later time, that further correspondence is not
objectionable, the superintendent or his designee may, but need not, direct the
name of the person or business be removed from the negative correspondence and
telephone list.
(4) No inmate shall
continue to submit mail to or make telephone calls to any person or business
that currently appears on his or her negative correspondence and telephone
list. Any inmate continuing to do so may be subject to disciplinary action
and/or monitoring of outgoing mail for a specific period of time.
(e)
Prohibited calls.
(1) Inmates are prohibited from placing
telephone calls to the following (unless the individual is a member of the
inmate's immediate family
e.g., wife, child, parent,
grandparent, brother, sister, aunt, or uncle):
(i) present or former employees of the
Department of Correctional Services and their families;
(ii) present or former employees of the
Division of Parole and their families;
(iii) present or former employees of Federal,
State and local criminal justice agencies, including but not limited to police
agencies, district attorneys, Federal and local correctional agencies,
probation departments, and the families of such employees;
(iv) jurors involved in the conviction of the
inmate, and their families;
(v)
judges involved in the conviction or indictment of the inmate, and their
families; and
(vi) crime partners
who are not incarcerated.
(2) No inmate may place a telephone call to
the residence of a victim of the crime(s) for which the inmate has been
convicted or is presently under indictment regardless of whether immediate
family members maintain the same residence, unless prior written authorization
has been received from the superintendent. The name of the person(s) will be
added to the negative correspondence and telephone list. Departmental form 3402
will be completed and used for notification. A copy will be filed.
(3) No inmate may call the phone number of
any person listed on a court order of protection which prohibits telephone
communication, unless the order specifically states that the inmate is not
prohibited from communication by phone with another person at that same phone
number. The name of the person(s) will be added to the negative correspondence
and telephone list. Departmental form 3402 will be completed and used for
notification. A copy will be filed.
Note:
Should the facility receive two or more orders, the terms of
which appear to be in conflict with one another, the facility should contact
counsel's office for direction.
(4) Inmates are prohibited from making
telephone calls for the purpose of harassing or intimidating any person. Staff
and inmates are advised that such telephone calls may violate Federal and/or
State laws. Facility superintendents shall report serious and/or continuing
telephone calls of this type to the proper law enforcement
authorities.
(5) Inmates are
prohibited from making telephone calls for the purpose of conspiring to violate
Federal, State or local laws or ordinances, and are prohibited from using
facility telephones to conduct a continuing criminal enterprise.
(6) Inmates are prohibited from making
telephone calls to inmates in other New York State, Federal, other state,
county or local correctional facilities.
Exception: In special situations, subject to
the approval of the superintendents of the two facilities, inmate-to-inmate
telephone calls between immediate family members or the parents of a child may,
but need not be authorized once a month. Such telephone calls, when permitted
shall be employee assisted and monitored.
(7) Inmates are prohibited from making
telephone calls to persons under probation or parole supervision without the
written approval of the superintendent and the parole officer who is
supervising the parolee or the probation officer who is supervising the
probationer. Such approvals will usually only be granted in cases involving
immediate family members. A copy of the written approval of the superintendent
and probation or parole officer authorizing such telephone calls will be
retained in the inmate's guidance and counseling unit case file.
(8) Inmates are prohibited from making
toll-free telephone calls. Inmates are prohibited from making telephone calls
to order goods and services from private vendors or to conduct business-related
activities.
(9) Inmates are
prohibited from making telephone calls to Operator Information.
(10) Inmates are prohibited from making
telephone calls to unrelated minor persons under 18 years of age without the
written approval of the minor's parent or legal guardian.
(i) The parent or legal guardian must forward
a letter to the superintendent granting such approval before such telephone
calls may take place.
(ii) A copy
of the letter from the parent or legal guardian granting such approval will be
retained in the inmate's guidance and counseling unit case folder.
(11) Inmate telephone calls and
telephone conversations shall be restricted to the telephone number dialed or
otherwise placed by or for the inmate, and shall terminate at the billing
address of the called party. Telephone call forwarding or third- party phone
calls are prohibited.
(12) Inmates
are prohibited from placing calls to wireless communications devices,
e.g., cellular or PCS telephones, pagers, etc. except that an
emergency call to such a device may be authorized under subdivision (g) of this
section.
(13) An inmate may not use
another inmate's PIN number to place calls.
(f)
Calls upon transfer or return to a
facility.
(1) Transferred inmates.
Within 24 hours of arrival at a new facility an inmate shall be permitted one
collect telephone call to the family. If security precautions prevent the
inmate from placing this call, a staff person designated by the superintendent,
usually from the guidance and counseling unit, shall make the call to a person
of the inmate's choice.
(i) Exception. This
procedure does not apply to an inmate in "transit status" or temporarily at a
transit facility overnight or for a weekend during transfer, but it does apply
to inmates in holding units in Auburn and Sing Sing.
(2) Out to court/hospital. An inmate out to
court or in a hospital for a period of five days or more will be allowed to
make a collect telephone call within 24 hours of return to the correctional
facility. Collect calls from an outside hospital, other than a secure ward, may
be made only with the approval of the superintendent or his/her
designee.
(3) Returned parole
violators. A returned parole violator will be allowed to make one collect
telephone call within 24 hours after arrival to a person of his/her
choice.
(g)
Emergency calls.
(1)
(i) Whenever an inmate must place any type of
emergency telephone call, the inmate shall contact his assigned correction
counselor, explain the emergency situation, and request that an emergency
telephone call be permitted.
(ii)
The correction counselor will make a recommendation to the senior correction
counselor, and if the senior correction counselor approves, the call can be
placed. Inmates confined in SHU status must have the superintendent's
approval.
(iii) In the absence of a
correction counselor or a senior correction counselor, the inmate shall contact
the watch commander or chaplain, and one of them shall make a decision whether
the request for an emergency telephone call should be granted. The decision of
the watch commander or chaplain does not require additional approval, but the
senior correction counselor must be advised the next day of the
decision.
(2) Facility
correction counselor staff shall make chronological entries in the inmate's
guidance and counseling unit case folder whenever an emergency telephone call
is approved and completed. This chronological entry shall clearly indicate:
(i) the date of the call;
(ii) the name of the correction counselor,
senior correction counselor, or other employee who authorized the
call;
(iii) the name and telephone
number of the person to whom the call was made; and
(iv) the nature of the emergency
call.
(3) Whenever
possible, emergency telephone calls shall be collect calls to the person
receiving the call.
(4) When a
person receiving the emergency call is unable and/or unwilling to accept a
collect call, the cost of the call will be charged to the inmate. The assisting
employee shall contact the operator prior to the call and ask that the call be
placed as a "time and charges" call. The operator will then be able to call the
facility back and provide the amount of the toll. A disbursement form
authorizing payment for the call will then be completed, signed by the inmate
and forwarded to the fiscal office for posting. Any charge from the telephone
company related to securing this information will be borne by the
facility.
(5) In cases of extreme
emergency, a senior correction counselor, chaplain or watch commander may
authorize that emergency telephone calls be made at facility expense. However,
this procedure should only be permitted when it is clear that both the inmate
and the party receiving the call cannot pay for the call.
(6) Whenever a senior correction counselor,
chaplain or watch commander authorizes an emergency call at the facility's
expense, a chronological entry shall be made in the inmate's guidance and
counseling unit case folder clearly indicating the reason(s) why this unusual
procedure was permitted, as well as recording the other information required
pursuant to this subdivision.
(h)
Calls outside the continental
United States, Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central
Northern Marianna Islands.
Telephone calls outside of the continental United States,
Canada, U.S. Virgin Islands, Puerto Rico, Guam and Central Northern Marianna
Islands will be employee-assisted pursuant to section
723.4 of
this Part, with the following additional specifications:
(1) Calls will be permitted two times per
month, except in emergency situations.
(2) Calls must first be checked by an
employee designated by the superintendent to verify whether:
(i) the inmate has sufficient funds in
his/her account to cover the cost of the call; and
(ii) the inmate has not reached the two-call
per month limit.
(3) All
toll costs will be charged to the inmate. The assisting employee shall contact
the operator prior to the call and ask that the call be placed as a "time and
charges" call. The operator will then be able to call the facility back after
the call and provide the amount of the toll. A disbursement form authorizing
payment for the call will then be completed, signed by the inmate, and
forwarded to the fiscal office for posting. Any charge from the telephone
company related to securing toll information will be borne by the
facility.
(4) In cases of extreme
emergency, the senior correction counselor may authorize emergency telephone
calls at the facility's expense. However, this procedure should only be
permitted when it is clear that both the inmate and the party receiving the
call cannot pay for the call. In such cases, a chronological entry shall be
made in the inmate's guidance and counseling unit case folder clearly
indicating the reason(s) why this unusual procedure was permitted, as well as
recording the other information required by subdivision (g) of this
section.