9 NYCRR Part 7407 - Executive Department

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 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7407.1 - Policy

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Residents placed in a secure facility operated by the Office of Children and Family Services (OCFS) are entitled to receive printed material and publications suitable for minors. Residents shall be permitted to receive such material from any approved vendor, including but not limited to bookstores or publishers.

(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern access to printed material and publications at each secure facility. The written policy and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7407.2 - Definitions

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

As used in this Part, the term censor shall mean the exclusion of any printed material or publications, or any portion thereof.

9 NYCRR 7407.3 - Facility review of incoming printed material and publications

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Incoming printed material and publications may be read and reviewed. Incoming printed material and publications may be censored only when it is determined that an item of printed material or a publication constitutes a threat to the safety or security of a secure facility, or the resident’s treatment or rehabilitation program.

(b)When the introduction of any printed material or publication into a secure facility is thought to constitute a threat to the safety or security of a secure facility, or the resident’s treatment or rehabilitation, such printed material or publication shall be forwarded to the facility director, or person acting in that capacity, for appropriate disposition. The facility director or designee shall read and review such printed material and shall make a determination as to whether it shall be censored.

(c)Any determination made pursuant to subdivision (b) of this section shall be made in writing and shall state the specific facts and reasons underlying such determination. A copy of such determination shall be given to the intended resident recipient.

(d)The reading, review and determination made pursuant to subdivision (b) of this section shall be completed within 10 days after receipt of the printed material or publication at the facility.

(e)When any incoming printed material or publication may involve a criminal offense, it shall be forwarded by the facility director or person acting in that capacity for appropriate disposition.

(f)Except as provided in subdivision (b) of this section, the deletion of any portion of any printed material or publication that has been censored pursuant to subdivision (c) of this section shall be permitted only when the intended resident recipient consents in writing to such deletion, in which case the censored portion of the printed material or publication shall be deleted and the remainder forwarded to the intended resident recipient.

9 NYCRR 7407.4 - Limitation of incoming printed material and publications

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS may adopt policies and procedures which limit the amount of printed material and other paper materials retained within a resident’s living area, in furtherance of the safety, security and good order of the facility, especially safety from the risk of fire.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.