New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service
Part 7423 - Correspondence And Telephone
Section 7423.4 - 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 and individuals under the direct supervision of attorneys, legal assistance agencies, and individuals under the direct supervision of legal assistance agencies, courts, the State Commission of Correction, 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 resident, unless doing so would interfere with an ongoing investigation.
(c) Outgoing privileged correspondence shall not be opened and inspected for contraband except where the facility director or person acting in that capacity determines there is reasonable suspicion to believe that the contents of such privileged correspondence threaten the safety, security, or good order of the facility, or the safety, security, or the health of a person. A resident 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 facility director, or person acting in that capacity, determines there is reasonable suspicion to believe that the contents of such privileged correspondence endanger or threaten the safety, security, or good order of the facility, or the safety, security, or the health of a person. When the facility director, or person acting in that capacity, 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 resident shall be present when their incoming and outgoing privileged correspondence is read pursuant to this subdivision.
