N.Y. Comp. Codes R. & Regs. tit. 7 § 302.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 302.2 - Issue items (initial)

(a) Clothing.

(1) All new admissions to the SHU shall be provided with a clean State- issue set of clothing from an established SHU inventory. The following items shall be provided immediately after the required search:

(i) 1 pair of pants;

(ii) 1 shirt;

(iii) 1 set of underwear (including bra for female inmates); and

(iv) 1 pair of slippers (where available; if not available, 1 pair of sneakers).

(2) After the inmate is secured in a cell, the following State-issue items shall be provided for both male and female inmates:

(i) 1 sweat shirt;

(ii) 1 pair of socks; and

(iii) 1 pair of sneakers (if not already provided).

Female inmates shall be provided with basic feminine hygiene items as required.

Note:Two additional State-issue sets of underwear (including bras for female inmates) and socks shall be provided within 72 hours of admission from the inmate's property.

(3) Subsequent to admission, the above-listed initial issue items (other than underwear and socks) may be replaced by the same State-issue items from the inmate's property. If replaced, the initial issue items shall be laundered and returned to the SHU inventory for future admissions.

(b) Bedding/flatwork. Upon admission, each inmate will be issued the following State- issue items:

(1) 1 set sheets;

(2) 1 towel;

(3) 1 pillowcase;

(4) 1 washcloth; and

(5) 1 blanket.

(c) Toilet articles. As soon as possible, but no more than 24 hours after admission, each inmate will be issued the following State-issue toilet articles, which will be replaced as needed:

(1) 1 bar soap (1 oz. size);

(2) 1 plastic comb;

(3) 1 toothbrush (mini);

(4) 1 roll toilet tissue; and

(5) 1 tube toothpaste.

(d) Writing materials. Upon request, each inmate will be issued the following writing materials:

(1) writing paper;

(2) envelopes; and

(3) mini pen (once issued, will only be replaced on an exchange basis).

(e) Personally owned items. Inmates may request personally owned items as specified in this subdivision. Permitted items will be thoroughly searched before delivery.

(1) As soon as possible, but no more than 24 hours after admission, inmates will be permitted the following personally owned items:

(i) 1 pair eyeglasses, prescription only;

(ii) 1 hearing aid, prescription only;

(iii) dentures;

(iv) prescription medicines as authorized by medical staff;

(v) denture cleanser (effervescent tablet form only; a cup may be issued for use); and

(vi) denture adhesive (one 2.4 oz. tube only; to be issued on a use-and-exchange basis).

(2) Within 72 hours of admission, each inmate will be permitted the following personally owned items:

(i) 1 religious book;

(ii) 1 prayer rug;

(iii) 1 religious medal and chain or cord;

(iv) 1 prayer shawl;

(v) tefillin;

(vi) talit katan;

(vii) 1 kufi, yarmulke, fez, khimar or tsalot-kob;

(viii) rosary or dhikr beads;

(ix) 1 plain wedding band;

(x) photographs (maximum of 10);

(xi) personal mail, up to 20 letters of the inmate's choice;

(xii) address book (no spiral binding);

(xiii) stamps;

(xiv) 1 calendar (no spiral binding);

(xv) personal legal materials (i.e., papers, transcripts, briefs);

Note:May be limited to materials related to active cases; quantity should not constitute a fire hazard; questions shall be referred to counsel's office.

(xvi) books, magazines and newspapers (maximum of 5);

(xvii) legal books and publications (maximum 15);

(xviii) 1 shampoo (issued only during shower);

(xix) 1 shaving cream/soap (issued only during shower);

Note:Inmates in double-occupancy special housing units shall be provided with State-issue shampoo and shaving cream until they have satisfied their post-adjustment period.

(xx) 1 unsealed medicine bag;

(xxi) 1 rosette; and

(xxii) 1 small pouch of sacred herbs (excluding tobacco products).

Note:On request, a Native American inmate will be provided one facility- issued disposable ashtray for smudging, to be replaced on a one-for-one basis.

(f) Denial of specific items. If possession of any item specified in subdivisions (a)-(e) of this section is determined to present a threat to the safety or security of staff, inmates, or State property, an inmate may be deprived of specific items upon issue of a deprivation order (see section 305.2 of this Title).

(g) Other property.

(1) All other inmate property not mentioned above will be confiscated upon admission and securely stored in accord with the provisions of department directives concerning "Inmate Property--Temporary Storage of Personal Belongings," until the inmate is released or transferred from the SHU.

(2) All items confiscated will be inventoried by the officer in charge within five days of admission and the inventory sheet will be signed by the officer and the inmate. If the inmate refuses to sign, that refusal will be so noted and signed by a witnessing officer. A copy of the signed inventory sheet will be given to the inmate. To avoid claims of improper handling of property, the inmate should be permitted to view the inventory in process. However, if it is determined by the area supervisor that the inmate's presence may pose a threat to the safety and security of the facility, permission may be denied upon issue of a deprivation order (see section 305.2 of this Title).

(h) Correspondence. Upon admission, each inmate in addition to the items authorized above or mandated by law will be granted the right to receive and/or send privileged or personal correspondence.

(1) Within 72 hours of admission, and every 30 days thereafter, an inmate may make a special stamp buy in accordance with the provisions of section 720.8 of this Title.

(2) If an inmate has sufficient funds in his inmate account, the inmate may also purchase postage by attaching a disbursement form to the correspondence. (See section 720.8 of this Title.)

(1) Visiting. Except as otherwise provided by this Part, no incarcerated individual shall be deprived of the visiting privileges available to incarcerated individuals in the general population.

(i) One nonlegal visit per week will be permitted during visiting hours scheduled by the facility. There will be no limits on the number of legal visits, subject to reasonable scheduling.

(ii) Visits for persons in special housing units shall be in accordance with any special precautions deemed necessary or appropriate by the superintendent of the facility. Such special precautions may include, but are not limited to, restriction to noncontact visiting for all visits or with a specified visitor or visitors; denial of visiting with a specified visitor or visitors; or other special precautions to maintain the safety, security or good order of the department or its correctional facilities. However, no employee shall be permitted to monitor the content of conversation between an incarcerated individual and his legal or spiritual advisor.

(iii) An incarcerated individual serving a penalty of confinement to a special housing unit pursuant to Part 254 of this Title shall be subject to the provisions regarding visitation contained in this Part, regardless of the location of actual confinement.

(2) An incarcerated individual shall be permitted to make at least one personal phone call within twenty-four hours of placement in segregated confinement, and at weekly intervals thereafter for the duration of such confinement, except when doing so would create an unacceptable risk to the safety and security of incarcerated individuals or staff. Emergency and legal telephone calls are permitted, as approved by the superintendent.

(3) No packages may be received at any time by an incarcerated individual in an SHU except in accordance with departmental directive 4933.

(i) Other privileges.

(1) Visiting. Except as otherwise provided by this Part, no incarcerated individual shall be deprived of the visiting privileges available to incarcerated individuals in the general population.

(i) One nonlegal visit per week will be permitted during visiting hours scheduled by the facility. There will be no limits on the number of legal visits, subject to reasonable scheduling.

(3) No packages may be received at any time by an incarcerated individual in an SHU except in accordance with departmental directive 4933.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 302.2

Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023