New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7004
Executive Department
Browse the NYCRR by title, part, and section.
7 sections
Title 9 is open to everyone.
Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.Source version current through Mar 31, 2022
All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7004.1 - Policy
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Subject to the limitations of this Part, prisoners are entitled to correspond with any person.
(b)There shall be no restriction upon incoming or outgoing prisoner correspondence based upon:
(1)the amount of correspondence sent or received; or
(2)the language in which such correspondence is written.
(c)If a prisoner is unable to read or write, he may receive assistance with his correspondence from other persons designated by the chief administrative officer, including but not limited to facility employees and prisoners at times not unduly disruptive of the facility routine.
9 NYCRR 7004.2 - Outgoing prisoner correspondence
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Each local correctional facility shall make available to indigent prisoners at facility expense stationery and postage for at least two one-ounce pieces of correspondence each week.
(b)Each facility shall make available for purchase by prisoners both stationery and postage.
(c)Outgoing prisoner correspondence shall bear at least the sender's name and the institutional post office box or street address in the upper left-hand corner of the envelope.
(d)Outgoing prisoner correspondence shall be sealed by the prisoner.
(e)All outgoing prisoner correspondence shall be collected and forwarded to the United States Postal Service at least once each business day.
(f)Outgoing prisoner nonprivileged correspondence shall not be opened or read except when the chief administrative officer determines there is reasonable suspicion to believe that the contents of such correspondence endanger or threaten the safety or security of the facility or the safety, security or health of another person.
(g)When the chief administrative officer makes such a determination, he shall issue a written order which shall state 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 another person.
(h)A prisoner shall be notified in writing when his outgoing nonprivileged correspondence is opened pursuant to this section.
(i)A prisoner shall be present when his outgoing nonprivileged correspondence is read pursuant to this section.
(j)The chief administrative officer may delay notifying the inmate regarding the specific facts and reasons when such notification would endanger the safety, security and good order of the facility. As soon as the danger no longer exists, the chief administrative officer shall immediately notify the inmate.
9 NYCRR 7004.3 - Incoming prisoner correspondence
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Incoming prisoner correspondence other than privileged correspondence may be opened and inspected outside the presence of the intended prisoner recipient. Such correspondence may be opened and inspected solely to ensure the absence of contraband.
(b)Incoming prisoner correspondence shall not be read except pursuant to a written order of the chief administrative officer. Such written order shall state the specific facts and reasons why such action is necessary to maintain the safety, security or good order of a facility, or the health of any individual.
(1)A copy of any order made pursuant to this subdivision shall be forwarded by the chief administrative officer to:
(i)the intended prisoner recipient; and
(ii)the sender of the correspondence at issue.
(2)A written record of correspondence read pursuant to this subdivision shall be maintained. Such record shall include:
(i)the name of the sender;
(ii)the name of the intended prisoner recipient;
(iii)the date the correspondence was read; and
(iv)the name of the reader.
(c)Should the chief administrative officer, upon reading any incoming prisoner correspondence pursuant to subdivision (b) of this section, determine that such correspondence or any portion thereof constitutes a threat to the safety, security or good order of the facility or other correctional facilities, except as provided in subdivision (d) of this section, he shall return the correspondence to the sender together with a written statement setting forth the specific facts and reasons underlying the determination. A copy of this written statement shall be forwarded to the intended prisoner recipient.
(1)For the purposes of this Part, correspondence shall not be deemed to constitute a threat to the safety, security or good order of a facility solely because it:
(i)criticizes a correctional facility, its staff, or the correctional system; or
(ii)espouses unpopular ideas, including ideas that facility staff deem not conducive to rehabilitation or correctional treatment;
(2)Any reading or determination made pursuant to this subdivision shall be completed by the chief administrative officer within five business days after receipt of the correspondence at the facility.
(d)When any incoming prisoner correspondence read pursuant to subdivision (c) of this section may involve a criminal offense, it shall be forwarded by the chief administrative officer to the appropriate authority for criminal prosecution.
9 NYCRR 7004.4 - Privileged incoming and outgoing correspondence
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)As used in this Part, legal 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, and courts. General privileged correspondence shall mean correspondence to and from the State Commission of Correction and other correctional officials, local, State and Federal law enforcement agencies, and the media.
(b)Incoming general and legal privileged correspondence shall not be opened and inspected for contraband except in the presence of the recipient prisoner.
(c)Outgoing general and legal privileged correspondence shall not be opened and inspected for contraband except where the chief administrative officer determines there is reasonable suspicion to believe that the contents of such privileged correspondence threaten the safety or security of the facility or the safety and security of another person. A prisoner shall be present when his outgoing general or legal privileged correspondence is opened pursuant to this subdivision.
(d)Incoming or outgoing prisoner legal privileged correspondence shall not be read except pursuant to a lawful search warrant. Such warrant shall be obtained within 24 hours of the facility's receipt of such correspondence and shall be enforced immediately after its issuance. A prisoner shall be present when his privileged correspondence is read pursuant to this subdivision.
(e)Incoming and outgoing general privileged correspondence shall not be read except where the chief administrative officer determines there is reasonable suspicion to believe that the contents of such general privileged correspondence endanger or threaten the safety or security of the facility or the safety and security of another person. When the chief administrative officer makes such a determination, he shall issue a written order which shall state 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 another person. The recipient inmate shall be present when his incoming and outgoing general privileged correspondence is read pursuant to this subdivision.
9 NYCRR 7004.5 - Restrictions on correspondence
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Nothing contained in this Part shall be deemed to prevent the chief administrative officer from establishing a list of correspondents whom prisoners shall be prohibited from corresponding with.
9 NYCRR 7004.6 - Contraband found in incoming prisoner correspondence
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)As used in this Part, the term contraband shall include all items which constitute a threat to the safety, security or good order of a facility.
(b)Incoming prisoner correspondence that is found to contain contraband shall be forwarded to the chief administrative officer for disposition.
(1)Contraband that may involve a criminal offense shall be forwarded by the chief administrative officer to the appropriate law enforcement authority.
(2)Contraband that does not involve a criminal offense shall be returned to the sender or retained with the prisoner's secured property for return upon the prisoner's release.
(3)Contraband that presents a threat to facility sanitation or health may, upon order of the chief administrative officer, be destroyed.
(4)Cash, checks, or money orders shall be deposited in the intended prisoner recipient's facility account or delivered to the chief administrative officer for disposition in accordance with facility rules and regulations. The prisoner shall be notified of all amounts received and the disposition of such.
(c)The chief administrative officer shall give written notice to the intended prisoner recipient of any determination made pursuant to this section. This written notice shall include:
(1)the name and address of the sender;
(2)the nature of the contraband; and
(3)a statement of the specific facts and reasons underlying the determination.
(d)Subsequent to any determination made pursuant to this section, the chief administrative officer shall, upon removal of the contraband contained in the correspondence, forward such correspondence to the intended prisoner recipient, except when such action may interfere with any pending criminal investigation of the matter.
9 NYCRR 7004.7 - Inmate retention of correspondence
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-05-19-00004-A · Adopted rule
- Related notice published
- Jun 5, 2019
- Related notice effective date
- Jun 5, 2019
Any and all correspondence delivered to the inmate may be retained by the inmate in his or her housing unit, subject to the provisions of section 7075.5 of this Title.