N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-2.2

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

Section 171-2.2 - In general

(a) Residents of all facilities operated by the OCFS, including community-based facilities, are permitted to correspond with persons or organizations, subject to the limitations necessary to maintain facility order and control. Incoming mail shall be inspected and outgoing mail may be inspected for contraband. When based on legitimate facility interests of order and security, mail may be read, censored or rejected. Resident mail may not be read, censored or rejected except as provided herein. Youth are notified in writing when incoming or outgoing mail is withheld in part or in full. Notification of the resident may be delayed when such notification would interfere with an ongoing investigation of circumstances that impact the security and good order of the facility.

(b) Limitations may be placed upon a resident's ability to receive or send mail with the approval of the facility director in consultation with resident's parent or guardian. This limitation on the receipt and sending of mail may be imposed only when the security and good order of an OCFS facility is at stake. The reasons for the imposed limitation must be documented and placed in the resident's file.

(c) Correspondents are personally responsible for the contents of their mail. Violations of regulations governing resident correspondence will be considered a serious offense which may result in a disciplinary proceeding and/or the suspension of correspondence privileges for a specified period of time. The sending of obscene, threatening or fraudulent materials through the mail may constitute a crime under Federal and/or State law. As such, criminal prosecution may result.

(d) The facility director shall have the overall responsibility for the administration of the correspondence program, consistent with the provisions of this regulation, at the facility.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-2.2