New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VIII - Institutional Programs
Part 724 - Packages And Articles Sent Or Brought To Institutions
Section 724.4 - Local permits
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 724.4
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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