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What is NYC RCNY § 1-02?

Quick Answer

(a) Property. When you first come to jail, any property that is taken from you that involves a criminal offense may be forwarded to the appropriate law enforcement agency for possible criminal prosecution and subject you to disciplinary action.

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§ 1-02 Rights and Privileges.

RCNY § 1-02

(a)Property. When you first come to jail, any property that is taken from you that involves a criminal offense may be forwarded to the appropriate law enforcement agency for possible criminal prosecution and subject you to disciplinary action. Property taken from you that does not involve a criminal offense will be identified, receipted, stored and returned to you after your discharge from Department custody. Upon incarceration, you will be given more information about what property may be kept in jail and how to get other property back after discharge.

(b)Recreation. The Department may limit your right to participate in recreation for a security related reason in accordance with State Commission of Correction standards (9 NYCRR § 7028.6). Upon incarceration, you will be given more information about how and when the Department can limit recreation.

(c)Religious rights. You may attend religious services with general population inmates unless you are found to pose a threat to the safety and security of the institution, including if the Department finds it likely that you will disrupt the service. Upon incarceration, you will be given more information about your religious rights in jail in accordance with New York City Board of Correction standards (40 RCNY § 1-07).

(d)Telephone calls. The Department may limit your telephone calls if they constitute a threat to institutional safety or security, if you abuse the telephone regulations or in accordance with a court order. Upon incarceration, you will be given more information about your rights to telephone calls. If you are affected by a determination made pursuant to this subdivision, you may appeal such determination to the New York City Board of Correction by providing written notice. Written notice must also be provided to the Department of Correction and the Facility. You may also submit any additional relevant materials for the Board's consideration. The Board will issue a written response upon the appeal within five (5) business days after receiving the appeal.

(e)Visits. The Department may revoke, deny or limit your contact visits if they constitute a serious threat to institutional safety or security. Upon incarceration, you will be given more information about your right to visits and the permitted schedules of those visits. If you are affected by a determination made pursuant to this subdivision, you may appeal such determination to the New York City Board of Correction and to the Commanding Officer by providing written notice. You may also submit any additional relevant materials for the Board's consideration. The Board, or its designee, will issue a written decision upon the appeal within five (5) business days after receiving notice of the requested review.

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