Current through Register Vol. 45, No. 52, December 27, 2023
(a) General.
(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 must comply
with departmental directives concerning packages and personal property limits.
Articles received that are not for the incarcerated individual's personal use, which
cause the recipient to exceed the number of allowable packages, weight limits, or
in-cell limits, or which otherwise violate departmental directives will not be
allowed and will be disposed of in accordance with departmental directives. When an
incarcerated individual signs for a package, the individual will attest that the
articles are only for personal use and that receipt will not cause the incarcerated
individual to exceed personal property limits. If an incarcerated individual refuses
to sign for a package, it will be disposed of in accordance with the departmental
directive on personal property limits.
(4) 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
incarcerated individual's package records.
(5) Repealed
(6) Repealed
(8) Repealed
(b) Searches of packages.
(1) Packages shall be searched thoroughly to
ensure that all articles conform to regulations and departmental directives.
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 incarcerated individual.
(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
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 incarcerated individual. If the
incarcerated individual 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 incarcerated individual
without the permission of the superintendent or his or her designee;
(iv) which could be utilized to assist or affect
an escape or undermine the safety and security and/or practices consistent with the
department's mission; or
(v) which is an
approved item but has been altered from its original intent and/or
purpose.
(6) Articles not
permitted (other than contraband) will be disposed of in accordance with
departmental directive.
(7) Articles
shall not be altered or modified by the manufacturer or vendor, except for removal
of external radio antennas.
(8)
Repealed
(c) Package Records.
All articles received shall be recorded in accordance with
departmental directive.
(d) Loss
of package privileges.
Packages received for an incarcerated individual serving a
disciplinary disposition which includes "loss of package privileges" will be handled
in accordance with departmental directive.
(e) Packages received for incarcerated individuals
in SHU.
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 incarcerated individual's property
and added to the incarcerated individual's property transferred inventory form;
books, periodicals and legal materials may be given to the incarcerated individual
subject to the limitations in Chapter VI of this Title, but perishables shall be
disposed of in accordance with the departmental directive on personal property
limits.
(f) Packages received
for incarcerated individuals transferred or temporarily absent from the facility
shall be handled in accordance with departmental directives.
Amended
New
York State Register May 10, 2023/Volume XLV, Issue 19, eff.
5/10/2023
