New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth
Part 7334 - CORRESPONDENCE AND TELEPHONE
Section 7334.4 - Privileged incoming and outgoing correspondence
Current through Register Vol. 46, No. 12, March 20, 2024
(a) As used in this Part, privileged correspondence shall mean correspondence to or from attorneys, individuals under the direct supervision of attorneys, legal assistance agencies, individuals under the direct supervision of legal assistance agencies, courts, the State Commission of Correction, the Office of Children and Family Services, other correction officials, local, State, and Federal law enforcement agencies, and the ombudsman.
(b) Incoming privileged correspondence shall not be opened and inspected for contraband except in the presence of the recipient youth, unless doing so would interfere with an ongoing investigation.
(c) Outgoing privileged correspondence shall not be opened and inspected for contraband except where the director determines there is reasonable suspicion to believe that the contents of such privileged correspondence threaten the safety, security, or operational stability of the facility, or the safety, security, or the health of a person. A youth shall be present when their outgoing privileged correspondence is opened pursuant to this subdivision.
(d) Incoming and outgoing privileged correspondence shall not be read except where the director determines there is reasonable suspicion to believe that the contents of such privileged correspondence endanger or threaten the safety, security, or operational stability of the facility, or the safety, security, or the health of a person. When the director makes such a determination, he or she shall issue a written order which states the specific facts and reasons why such action is necessary to maintain the safety and security of the facility, or the safety and security of a person. The youth shall be present when their incoming and outgoing privileged correspondence is read pursuant to this subdivision.
