§ 1-11 Correspondence.
RCNY § 1-11
(a)Policy. People in custody are entitled to correspond with any person, except when there is a reasonable belief that limitation is necessary to protect public safety or maintain facility order and security. The Department shall establish appropriate procedures to implement this policy. Correspondence shall not be deemed to constitute a threat to safety and security of a facility solely because it criticizes a facility, its staff, or the correctional system, or espouses unpopular ideas, including ideas that facility staff deem not conducive to rehabilitation or correctional treatment. The Department shall provide notice of this policy to all people in custody.
(b)Number and language.
(1)There shall be no restriction upon incoming or outgoing correspondence based upon either the amount of correspondence sent or received, or the language in which correspondence is written.
(2)If a person in custody is unable to read or write, he or she may receive assistance with correspondence from other persons, including but not limited to, facility employees and people in custody.
(c)Outgoing correspondence.
(3)Outgoing correspondence shall bear the sender's name and either the facility post office box or street address or the sender's home address in the upper left-hand corner of the envelope.
(4)Outgoing correspondence shall be sealed by the sender and deposited in locked mail receptacles.
(5)All outgoing correspondence shall be forwarded to the United States Postal Service at least once each business day.
(6)Outgoing non-privileged correspondence shall not be opened or read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(i)The warden's written order shall state the specific facts and reasons supporting the determination.
(ii)The affected sender shall be given written notification of the determination and the specific facts and reasons supporting it. The warden may delay notifying the sender only for so long as such notification would endanger the safety and security of the facility, after which the warden immediately shall notify the person.
(iii)A written record of correspondence read pursuant to this paragraph shall be maintained and shall include: the name of the person in custody, the name of the intended recipient, the name of the reader, the date the correspondence was read, and the date that the person received notification.
(iv)Any action taken pursuant to this paragraph shall be completed within five (5) business days of receipt of the correspondence by the Department.
(7)Outgoing privileged correspondence shall not be opened or read except pursuant to a lawful search warrant.
(d)Incoming correspondence.
(e)Inspection of incoming correspondence.
(f)Prohibited items in incoming correspondence.
(g)Appeal. Any person affected by the determination to remove an item from correspondence may appeal such determination to the Board.
