New York Codes, Rules and Regulations
Chapter VIII - Institutional Programs
Part 724 - Packages And Articles Sent Or Brought To Institutions
Section 724.4 - Local permits

Current through Register Vol. 44, No. 38, September 21, 2022

(a) Certain articles cannot be approved department-wide because of programmatic and physical plant characteristics of individual facilities. In order that those locations which can accommodate special articles are not governed by those which cannot, each facility may consider the issuance of "local permits" in accordance with the following:

(1) Local permits for articles so marked and listed in this directive require the approval of the facility superintendent, but do not require the approval of the Deputy Commissioner for Correctional Facilities.

(2) Local permits for articles not listed in this directive require the recommendation of the facility superintendent and the approval of the Deputy Commissioner for Correctional Facilities. Such recommendations shall include:
(i) identification of the articles for which a local permit is recommended;

(ii) the superintendent's rationale for the recommendation; and

(iii) specific terms and conditions regarding the use of the article as prescribed in paragraph (5) of this subdivision.

(3) Any article approved by local permit shall be clearly identified by mark or label and a record of such identification maintained by the facility. The original permit shall be maintained in the inmate's package records and a copy given to the inmate. The inmate must retain his or her copy of the permit to protect the privilege of retaining this article.

(4) By signing the local permit, the inmate shall indicate his or her understanding that the permit is valid only in his or her current facility and, in the event that he or she is transferred and cannot obtain a local permit for the article at his or her subsequent location, the article must be disposed of at his or her expense.

(5) The local permit shall specify the terms and conditions regarding the use of the article (with respect to program and periods or locations in which the article may be used) and indicate that failure to adhere to such terms and conditions may result in the revocation of the permit. If a permit is revoked, the article will be confiscated and disposed of at the inmate's expense in accordance with the departmental directive on inmate personal property limits. The inmate's signature shall indicate his or her agreement with these terms and conditions.

(b) Each superintendent is required to maintain a current list of all approved local permits to include:

(1) identification of inmate;

(2) identification of the article;

(3) identification of the approving authority; and

(4) date of approval by the Deputy Commissioner for Correctional Facilities.

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