New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7016
Executive Department
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2 sections
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9 NYCRR 7016.1 - Commissary
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)In the discretion of the sheriff or chief administrative officer, a commissary may be established, maintained and operated for the purpose of making available, for sale to prisoners, items deemed proper by such officials and consistent with the health and welfare of the prisoners and the security and general operation of the facility concerned.
(b)The prices of any items offered for sale shall be fixed by the sheriff, or official in charge, to the extent that the commissary operation will be self-supporting and will provide a modest return above costs.
(c)Profits resulting from commissary sales shall be deposited in a separate bank account and shall be utilized only for purposes of prisoner welfare and rehabilitation.
(d)Commissary accounts shall be maintained in a manner which will fully substantiate all purchases, sales and expenditures, and definite arrangements shall be made for periodic audit of the commissary accounts by the office of county auditor, county treasurer or other county officer in a similar capacity.
(e)Nothing in this section shall be construed as exempting commissary operations in a county jail or a county penitentiary from compliance with the provisions of any applicable county or State statute, resolution, rule, regulation, etc.
9 NYCRR 7016.2 - Inmate accounts
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 required by subdivision (7) of section 500-c of the Correction Law, an institutional fund account shall be maintained on behalf of every inmate, and deposits shall be made into such accounts of any prisoner funds received.
(b)For the purpose of receiving prisoner funds, the sheriff or chief administrative officer may utilize, or cause to be utilized, electronic kiosks, automated teller machines, or other similar devices or systems capable of allowing members of the public to deposit funds into an inmate's institutional fund account. Members of the public depositing prisoner funds in such a manner may be charged a service fee not to exceed $5 per transaction.
(c)Devices and systems utilized pursuant to subdivision (b) of this section shall comply with all applicable laws, codes, rules and regulations, including the New York State Banking Law and the rules and regulations of the New York State Banking Department.
(d)Nothing contained in this section shall otherwise relieve a facility of the requirement to receive and deposit prisoner funds, without imposition of a service fee, pursuant to sections 7002.4(f), 7004.6(b)(4) and 7025.4(c) of this Title.
(e)Notice shall be conspicuously posted by, on, or proximate to any device or system utilized pursuant to subdivision (b) of this section, advising members of the public:
(1)the amount of any service fee associated therewith;
(2)that acceptable funds mailed to an inmate in correspondence or a package will be deposited into the intended inmate's institutional fund account without the imposition of a service fee;
(3)facility policy regarding the acceptance of cash, checks, money orders, and other instruments of payment; and
(4)any other facility rule or regulation concerning inmate account deposits which, in the opinion of the chief administrative officer, should be so conveyed to the public.