New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7334
Executive Department
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All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7334.1 - Policy
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern correspondence and telephone usage at the facility. The written policies and procedures shall be reviewed annually and updated as needed.
(b)Subject to the limitations of this Part, youth are entitled to correspond with any person.
(c)There shall be no restriction upon incoming or outgoing youth correspondence based upon:
(1)the amount of correspondence sent or received; or
(2)the language in which such correspondence is written.
(d)In accordance with this Part, where incoming or outgoing, privileged or non-privileged mail would otherwise be opened in the presence of the recipient youth, the facility shall not be required to do so where it would interfere with an ongoing investigation. All notices required to be given to the recipient youth under this Part shall be waived when the notice of such would interfere with the investigation.
(e)If a youth is unable to read, write, or has any other disability that may interfere with the youth's ability to read or write, the facility shall provide assistance to the youth with their correspondence.
9 NYCRR 7334.2 - Outgoing youth 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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Each facility shall make available to youth, at facility expense, writing materials and first class postage for at least two one ounce pieces of correspondence each week.
(b)Outgoing youth correspondence shall bear at least the sender's first name, in addition to the first initial of their last name, the name of the institution, and the institutional post office box or street address in the upper left-hand corner of the envelope.
(c)Outgoing youth correspondence shall be sealed by the youth in the presence of staff.
(d)Outgoing youth non-privileged correspondence shall not be opened or read except when the director, or designee, determines there is reasonable suspicion to believe that the contents of such correspondence endanger or threaten the safety, security, or operational stability of the facility, or the safety, security, or the health of another person.
(e)A youth shall be notified in writing when their outgoing non-privileged correspondence is opened pursuant to this section.
(f)The director, or designee, may delay notifying the youth regarding the specific facts and reasons when such notification would endanger or threaten the safety, security or operational stability of the facility, or the safety security, or the health of another person. As soon as the danger no longer exists, the director, or designee, shall immediately notify the youth.
(g)All outgoing youth correspondence shall be collected and forwarded to the United States Postal Service at least once each business day.
9 NYCRR 7334.3 - Incoming youth 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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Incoming youth correspondence, other than privileged correspondence, may be opened and inspected outside the presence of the intended youth recipient solely to ensure the absence of contraband.
(b)Incoming youth correspondence shall not be read except pursuant to written order of the director, or designee. Such written order shall state the specific facts and reasons why such action is necessary to maintain the safety, security, or operational stability of the facility, or the safety, security, or health of a person.
(1)A copy of any order made pursuant to this subdivision shall be forwarded by the director, or designee, to the intended youth recipient unless doing so would interfere with an ongoing investigation.
(2)A written record of correspondence read pursuant to this subdivision shall be maintained by the director. Such record shall include:
(i)the name of the sender;
(ii)the name of the intended youth recipient;
(iii)the date the correspondence was read; and
(iv)the name of the reader.
(c)Should the director, or designee, upon reading any incoming youth correspondence pursuant to subdivision (b) of this section, determine that such correspondence or any portion thereof constitutes a threat to the safety, security, or operational stability of the facility, or the safety, security, or the health of a person, except as provided in subdivision (d) of this section, the director, or designee, shall return the correspondence to the sender. A written statement setting forth the specific facts and reasons underlying the determination will be retained in the youth's record. A copy of such written statement shall be forwarded to the intended youth recipient. Any reading or determination made pursuant to this subdivision shall be completed by the director, or designee, within five business days after receipt of the correspondence at the facility.
(d)When any incoming youth correspondence read pursuant to subdivision (c) of this section may involve a criminal offense, it shall be forwarded to the director for appropriate disposition in accordance with facility procedures.
9 NYCRR 7334.4 - Privileged incoming and outgoing 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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(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.
9 NYCRR 7334.5 - Restrictions on 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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
Nothing contained in this Part shall be deemed to prevent the director, or designee, from establishing a list of correspondents with whom youth shall be prohibited from corresponding in order to protect the safety, security, or operational stability of the facility, or the safety, security, or the health of a person.
9 NYCRR 7334.6 - Contraband found in incoming youth 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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)As used in this Part, the term contraband shall include any item which constitutes a threat to the safety, security, or operational stability of a facility, or the safety, security, or the health of a person.
(b)Incoming youth correspondence that is found to contain contraband shall be processed as follows:
(1)when contraband found in incoming youth correspondence may involve a criminal offense, the contraband shall be forwarded to the director, or designee, for disposition in accordance with facility procedures; and
(2)contraband found in incoming youth correspondence that does not involve a criminal offense but has personal or financial value, as determined by the director or designee, shall be returned to the sender at facility expense or retained by the facility for the youth. The disposition of such articles shall be inventoried and recorded in writing.
(i)The director, or designee, shall give written notice to the intended youth recipient of any determination made pursuant to this paragraph. The written notice shall include:
(a)the name and address of the sender;
(b)the nature of the contraband; and
(c)a statement of the specific facts and reasons underlying the determination.
(ii)Subsequent to any determination made pursuant to this paragraph and upon removal of the contraband accompanying the correspondence, the director, or designee, shall forward such correspondence to the intended youth recipient.
(c)Cash, checks or money orders received through the mail shall be deposited in the personal cash account of the intended youth or forwarded to the director, or designee, for disposition in accordance with facility procedures. The youth shall be notified in writing of all amounts received and the disposition of such.
9 NYCRR 7334.7 - Telephone policy
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
Consistent with the requirements of this Part, the director shall develop policies and procedures that provide access to a telephone by youth. These policies and procedures shall include, but not be limited to:
(a)specific hours of telephone availability;
(b)maximum number and length of calls; and
(c)any other limitations on telephone usage.