New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7423
Executive Department
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9 NYCRR 7423.1 - 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)Consistent with the requirements of this Part, the Office of Children and Family Services (OCFS) shall develop written policies and procedures that govern correspondence and telephone usage at each secure facility. The written policies and procedures shall be reviewed annually and updated as needed.
(b)Subject to the limitations of this Part, residents are entitled to correspond with any person.
(c)There shall be no restriction upon incoming or outgoing resident correspondence based upon:
(1)the amount of correspondence sent or received; or
(2)the language, (e.g., Spanish, Chinese), in which such correspondence is written.
(d)In accordance with this Part, where incoming or outgoing, privileged or nonprivileged mail would otherwise be opened in the presence of the recipient resident, OCFS shall not be required to do so where it would interfere with an ongoing investigation. All notices required to be given to the recipient residents under this Part shall be waived when the notice of such would interfere with the investigation.
(e)If a resident is unable to read, write, or has any other disability that may interfere with the resident’s ability to read or write, OCFS shall provide assistance to the resident with their correspondence.
9 NYCRR 7423.2 - Outgoing resident 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 secure facility shall make available to residents, at facility expense, writing materials and first class postage for at least two one ounce pieces of correspondence each week.
(b)Each secure facility shall make available for purchase by residents both writing materials and first class postage.
(c)Outgoing resident 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.
(d)Outgoing resident correspondence shall be sealed by the resident in the presence of staff.
(e)Outgoing resident nonprivileged correspondence shall not be opened or read except when the facility director, or person acting in that capacity, determines there is reasonable suspicion to believe that the contents of such correspondence endanger or threaten the safety, security, or good order of the facility, or the safety, security, or the health of another person.
(f)A resident shall be notified in writing when their outgoing nonprivileged correspondence is opened pursuant to this section.
(g)The facility director, or person acting in that capacity, may delay notifying the resident regarding the specific facts and reasons when such notification would endanger or threaten the safety, security or good order of the facility, or the safety security, or the health of another person. As soon as the danger no longer exists, the facility director or person acting in that capacity shall immediately notify the resident.
(h)All outgoing resident correspondence shall be collected and forwarded to the United States Postal Service at least once each business day.
9 NYCRR 7423.3 - Incoming resident 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 resident correspondence, other than privileged correspondence, may be opened and inspected outside the presence of the intended resident recipient solely to ensure the absence of contraband.
(b)Incoming resident correspondence shall not be read except pursuant to written order of the facility director, or person acting in that capacity. 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 safety, security, or health of a person.
(1)A copy of any order made pursuant to this subdivision shall be forwarded by the facility director, or person acting in that capacity, to the intended resident recipient unless doing so would interfere with an ongoing investigation.
(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 resident recipient;
(iii)the date the correspondence was read; and
(iv)the name of the reader.
(c)Should the facility director, or person acting in that capacity, upon reading any incoming resident 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 the safety, security, or the health of a person, except as provided in subdivision (d) of this section, the director, or person acting in that capacity, 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 resident’s record. A copy of such written statement shall be forwarded to the intended resident recipient. Any reading or determination made pursuant to this subdivision shall be completed by the facility director, or person acting in that capacity, within five business days after receipt of the correspondence at the facility.
(d)When any incoming resident correspondence read pursuant to subdivision (c) of this section may involve a criminal offense, it shall be forwarded to the facility director, or person acting in that capacity, for appropriate disposition in accordance with facility procedures.
9 NYCRR 7423.4 - 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, 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.
9 NYCRR 7423.5 - 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 facility director, or person acting in that capacity, from establishing a list of correspondents with whom residents shall be prohibited from corresponding in order to protect the safety, security, or good order of the facility, or the safety, security, or the health of a person.
9 NYCRR 7423.6 - Contraband found in incoming resident 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 any item which constitutes a threat to the safety, security, or good order of a facility, or the safety, security, or the health of a person.
(b)Incoming resident correspondence that is found to contain contraband shall be processed as follows:
(1)when contraband found in incoming resident correspondence may involve a criminal offense, the contraband shall be forwarded to the facility director, or designee, for disposition in accordance with facility procedures; and
(2)contraband found in incoming resident correspondence that does not involve a criminal offense but has personal or financial value, as determined by the facility director or designee, shall be returned to the sender at the resident’s expense or retained by the facility for the resident. The disposition of such articles shall be inventoried and recorded in writing.
(i)The facility director, or designee, shall give written notice to the intended resident 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, the facility director, of person acting in that capacity, shall, upon removal of the contraband accompanying the correspondence, forward such correspondence to the intended resident recipient.
(c)Cash, checks or money orders received through the mail shall be deposited in the personal cash account of the intended resident or forwarded to the facility director or designee for disposition in accordance with facility procedures. The resident shall be notified in writing of all amounts received and the disposition of such.
9 NYCRR 7423.7 - Telephone 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
Consistent with the requirements of this Part, OCFS shall develop policies and procedures that provide access to a telephone by residents. 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.