Current through Register Vol. 44, No. 38, September 21, 2022
(1) The commissioner may, at his discretion,
suspend all or any portion of this Part at any or all facilities.
(2) No changes shall be made in the
application of the provisions of this Part without the expressed authorization
of the Deputy Commissioner for Correctional Facilities.
(3) Articles received in a package that are
not for the inmate's personal use or which cause the inmate recipient to exceed
in-cell limits will not be allowed. When an inmate signs for a package, he or
she will attest that the articles are only for personal use and that receipt
will not cause the inmate to exceed personal property limits. If an inmate
refuses to sign for a package, it will be disposed of in accordance with the
departmental directive on inmate personal property limits.
(4) For the purposes of this Part, the value
of an article shall be the actual purchase price, not including any tax,
shipping or handling.
(5) Except as
provided below, an article received by an inmate under any previous version of
this Part which is no longer on the listing of allowed items may be retained by
that inmate for only as long as the inmate remains at his or her current
facility. A disallowed article must be disposed of prior to transfer in
accordance with the departmental directive on inmate personal property limits.
Such article may not be given to or transferred to another inmate. An inmate
will be permitted to retain electronic devices received under a previous
version of this Part (i.e., devices without clear cases) if transferred to a
new facility, but may not transfer ownership to another inmate under any
(6) Where an article
received under this or any previous version of this Part is subsequently
declared prohibited by order of the Deputy Commissioner for Correctional
Facilities, it must be disposed of in accordance with the departmental
directive on inmate personal property limits. There shall be a three month
grace period for articles in an inmate's possession which subsequently become
prohibited, unless otherwise specified by the Deputy Commissioner for
Correctional Facilities. However, if the prohibited article represents a threat
to the safety or security of the institution, the inmate shall be required to
dispose of it immediately. In no case shall an inmate be allowed to possess a
prohibited article upon transfer to another facility.
(7) The department is not responsible for
articles damaged in shipping or received in spoiled condition. Spoiled food
articles or items which are contaminated or in broken or leaking containers are
considered a health risk and will be destroyed by the facility. Such
destruction will be recorded on the inmate's package records.
(8) All return-to-sender packages must be
recorded on the appropriate package record form, and in the department's
visitor/package registration database.
(b) Searches of packages.
(1) Packages shall be searched thoroughly to
ensure that all articles conform to regulations. Articles will be removed from
the original shipping container (box or bag in which the package was shipped or
brought into the facility) and inspected visually and/or by use of the X-ray
machine. In searching and examining packages, care shall be taken not to damage
or destroy the contents. The shipping container (bag or box) will not be given
to the inmate.
(2) Absent security
concerns, original product packaging will not be opened or removed. If there
are security concerns, e.g., if abnormalities are detected in X-rays,
packaging, feel or texture, weight, labeling, etc., then the contents of
individual articles may be removed from the originally sealed packaging for the
inspection process. Food articles may be transferred to clear plastic bags or
other appropriate containers. Absent security concerns, original labels that
show product information (e.g., expiration date, ingredients, warranty,
quantity, etc.) shall be preserved with their related products.
(3) Promotional materials (e.g., prizes,
informational discs, etc.) or other non-product items or substances sealed
within original packaging or attached to an allowed article will be removed
prior to issue. These materials will be disposed of in accordance with the
departmental directive on inmate personal property limits.
(4) Inspection and processing of religious
articles shall be conducted in such a manner as to respect their religious
significance. If an article's religious significance is in doubt, the facility
chaplain shall be consulted. If an article is suspected of being contraband, it
may be tested as appropriate. Articles which are considered or suspected of
being contraband or which are under evaluation for authenticity or religious
significance shall be secured by the deputy superintendent for security pending
disposition and notification of the affected inmate. If the inmate files a
grievance within 21 days of receipt of a notice that an article has been
denied, such religious article shall be retained by the facility pending the
final resolution and closing of the grievance.
(5) Contraband. Contraband articles shall be
confiscated and the superintendent or designee notified. Contraband will
include any article:
(i) which possession of
is prohibited under any law applicable to the general public;
(ii) which is readily capable of being used
to cause death or serious physical injury, including but not limited to
handguns, shoulder guns, cartridges, knives, explosives, or dangerous drugs;
(iii) which has been introduced
into a correctional facility with the intent to transfer it to an inmate
without the permission of the superintendent or his or her designee.
(6) Articles not permitted (other
(i) When any article which
is not permitted is brought by a visitor, it will be returned to the visitor,
if possible, upon the visitor's departure from the facility.
(ii) In the case of other articles not
permitted, except for any article brought by a visitor and returned to the
visitor upon departure from the facility, general confinement inmates
(non-restricted inmates) will be given the opportunity to view the disallowed
article and then choose a disposal option by signing an authorization for
disposal form. If the choice is to ship the article, the inmate will fill out a
disbursement form for the cost of the shipping. The package room will send out
the package and forward the disbursement form to the business office for
processing. If funds are available, the facility business office will deduct
the amount of the disbursement from the inmate's account. If funds are not
available, the business office will establish an encumbrance for the amount of
not disposed of or articles brought by a visitor but not returned to a visitor
within 14 days will be destroyed or donated to a charity by the facility. It is
clearly not the department's intent to give each inmate 14 days (except as
provided in this subdivision) to choose a disposal option, requiring storage by
the facility. It is the intent that an inmate be given a clear notice that an
article is not permitted and a clear opportunity to choose how such an article
will be disposed of.
Articles will not be altered or modified by the manufacturer or vendor, except
for removal of external radio antennas. Articles will not be altered or
modified once they arrive at the facility in order to comply with the
specifications set forth in this Part.
(8) If an item is not listed as allowable,
the item will not be issued to the inmate and the decision to withhold it is
not reviewable under this Part. However, if an item is listed as allowable but
was not issued because, in the opinion of processing staff, it did not meet
applicable specifications regarding size, cost, ingredients, property limits,
color, etc., the inmate may request a review of that decision. The inmate must
first complete an authorization for disposal form, and a disbursement form if
appropriate, identifying the item to be reviewed and the disposal option
desired. The area supervisor shall then review the item in question during the
course of scheduled rounds. The inmate's presence is not required. Upon
completion of the review, the supervisor shall sign and date the authorization
for disposal form and indicate whether the item is to be allowed and issued to
the inmate or disallowed and processed for disposal. A copy of the completed
authorization for disposal form will then be forwarded to the inmate. Note: If
the inmate refuses to complete and sign the form, no review will be conducted
and the item will be disposed of as disallowed property in accordance with the
departmental directive on inmate personal property limits.
(c) Food packages. Inmates may receive two
packages a month containing foodstuffs, the combined weight of which shall not
exceed 35 pounds. Food packages received both from visitors and through the
mail shall be included in the two-package limit.
(d) Packages by mail (U.S. Postal Service,
UPS, FedEx, etc.).
(i) An inmate may receive a package through
the mail from anyone who is not on a negative correspondence or vendor
(ii) A package which does not
have a return address will not be delivered to the inmate. The unopened package
will be first X-rayed for contraband. The package will then be opened. If any
contraband is found, it will be processed in accordance with the departmental
directive on contraband and any remaining contents disposed of as directed by
the deputy superintendent for security. If no contraband is found, the inmate
will be given the option to send the package out at his or her expense or to
have it destroyed. In all cases, the disposition of the package will be
recorded on an authorization for disposal form and the inmate's package
(iii) A package from a
commercial vendor must bear the return address as affixed or printed (not
handwritten) by the vendor. A package from a non-commercial source must bear a
return address that includes the sender's first and last name.
(i) All packages sent from a facility at an
inmate's request, including surplus, non-allowed or transferred articles, shall
be processed through the package room. All expenses shall be borne by the
(ii) All packages sent from
a facility shall be receipted by the carrier. If a receipted carrier is not
used, the inmate must insure the package in order to get a receipt.
(iii) The inmate may also be required to pay
for a shipping container approved by the U.S. Postal Service.
(iv) Articles which require repair or service
may only be sent to a vendor or business which is not on a negative vendor or
correspondence list and which is recognized as providing the needed repair or
service. Repairs and service will not be done in the facility except where
authorized by the superintendent (e.g., at a State-run repair shop) and
(v) An inmate
wishing to send a package or gift to a relative incarcerated in another
department facility must obtain authorization from his or her assigned
correction counselor and approval of the facility superintendent, contingent
upon agreement by the receiving facility superintendent. Note: The transfer of
funds and art and craft products between inmates is governed by the
departmental directive on inmate charitable contributions and gifts.
(e) Art and handicraft
supplies. Art and handicraft supplies may only be received through a facility
package room where a specific list of approved articles has been posted by the
superintendent of that facility. Such materials will only be admitted under
local permit and made available for the inmate's use through the hobby shop or
other system of control.
Packages from visitors.
(1) A visitor may
bring a package only for the inmate he or she is visiting. It must be presented
at the gate prior to the visit. The visitor must successfully complete visitor
processing before a package will be processed. Visitors that have been denied
visiting privileges will not be allowed to leave packages.
(2) Visitors to correctional camps shall
normally be permitted to share foods brought into the facility with the inmates
they are visiting, at the discretion of the superintendent.
(3) Packages shall not be accepted from
visitors during their attendance at special events.
(g) Package records.
(1) All articles received shall be recorded
on package forms with the sender's name and address and the name and department
identification number (DIN) of the inmate recipient.
(2) The inmate shall be requested to sign a
departmental form listing any single article received which has a verified
value of more than $20. Any article priced or valued at over $20 must be
accompanied by the seller's original receipt or bill. A copy of this form will
be filed in the package room folder and a copy given to the inmate. These
articles include but are not limited to the following:
Art and handicraft supplies
Authorized religious apparel
Gloves (baseball mitt, handball, bag)
Hair dryer/blow dryer/curling iron
Watch & watch band
(3) A current listing of "local permits"
issued per section
724.4 of this Part
shall be maintained by the facility in the package room.
(4) Special watch notations. A notation shall
be made on an inmate's package room record if:
(i) a sender to that inmate attempts to
transmit contraband within a package;
(ii) an inmate has been found in possession
of contraband that was determined to have been received within a package;
(iii) an inmate has been found
guilty of drug-related misbehavior.
These notations shall alert staff to take appropriate
precautions to prevent smuggling of drugs, drug paraphernalia, or other
contraband in subsequent packages. However, any notations which correspond to
disciplinary proceedings against an inmate or his or her visitor but which are
later dismissed or reversed must be expunged from the inmate's package room
(h) Loss of package privileges.
(1) Packages received for an inmate serving a
disciplinary disposition which includes "loss of package privileges" will be
handled as follows:
(i) packages brought by
visitors - shall be returned to the visitor;
(ii) packages received by mail:
(a) from a publisher - shall be given to the
inmate subject to the provisions of Part 712 of this Title, "Media
(b) from other commercial
(1) if ordered by the inmate and
approved by the business office prior to the disciplinary disposition, the
package shall be issued to the inmate. Otherwise, the package shall be returned
to sender; and
(2) if ordered by
family or a correspondent, the package shall be handled as set forth in clause
(c) of this subparagraph;
(c) from all other sources:
(1) if received during first five days of
"loss of packages" - shall be delivered to the inmate unless the inmate has
been confined in a special housing unit; and
(2) if received after first five days of
"loss of packages," - shall be returned to sender unopened.
(2) An inmate who orders a package while
under a loss of package disposition will have the package returned to sender
and will be responsible for any expense associated with return of the
(i) Packages received for inmates in SHU.
(1) Pending disciplinary action, or during
first five days of a "loss of packages" disposition: Package items, except for
books, periodicals, legal materials and perishables, shall be placed in the
inmate's property and added to the inmate's property transferred inventory
form; books, periodicals and legal materials may be given to the inmate subject
to the limitations in Chapter VI of this Title, but perishables shall be
disposed of in accordance with the departmental directive on inmate personal
(2) Serving a
disciplinary disposition, or after the first five days of a "loss of packages"
disposition: The inmate will be afforded package privileges in accordance with
Chapter VI of this Title.
(j) Packages received for inmates transferred
or temporarily absent from the facility.
(i) During processing for transfer,
the inmate will be directed to indicate on the inmate's property transferred
inventory form whether he or she will pay for postage to forward any package
received within 14 days at the sending facility. If the inmate elects to pay
for package forwarding, he or she shall also sign a disbursement form marked
"postage due." If the inmate fails or refuses to indicate his or her choice or
hasn't signed a disbursement form, packages received will be returned to
(ii) A copy of the property
transferred inventory form and signed disbursement form shall be maintained in
a file at the sending facility. Whenever a package is received for an inmate no
longer at the facility, package room staff shall check the form to determine
the inmate's choice.
package received after 14 days from the inmate's date of transfer will be
returned to sender. Where a package is received within 14 days and the inmate
has indicated that he or she will pay forwarding postage and has signed a
disbursement form, the shipping facility will absorb the cost of shipping from
its postage appropriation and ship the package, and send a copy of the inmate's
property transferred inventory form and the signed disbursement form to the
office of inmate accounts at the inmate's new facility.
(iv) Upon receipt at the inmate's new
facility, the forwarded package will be issued in accordance with the
provisions of this Part. If funds are not available to process the
disbursement, the inmate's account will be encumbered for the owed amount. When
any encumbrance is fully collected, the collecting facility will use the funds
collected to refund its own postage appropriation.
(v) Packages must not be forwarded to inmates
at work release facilities but returned to sender.
(2) Temporary absence (out-to-court or at a
(i) A package for an inmate who is
temporarily absent shall be X-rayed. If the package contains perishables, it
shall be returned to sender. If no perishables are found, the package shall be
stored by the facility unless it is determined that the inmate is likely to be
absent in excess of 14 days.
Where the inmate is expected to be or has already been absent in excess of 14
days, the matter shall be referred to the deputy superintendent for security to
determine if the package should be held longer or returned to sender.