720.3(a) Negative correspondence and telephone list. Whenever the recipient of inmate correspondence indicates, in any manner, that he or she does not wish to receive further correspondence from the inmate, the correspondence unit, the package room, the Deputy Superintendent for Security, the Supervising Offender Rehabilitation Coordinator [Senior Correction Counselor], the Facility Community Supervision [Parole] Office and the inmate shall be notified. Departmental Form 3402 shall be used for notification. A copy will be filed.

720.3(a)(1) The negative correspondence and telephone list shall contain the name of any person or business that has indicated, in any manner, that further correspondence from the inmate is not desired. If a request to be removed from an inmate's telephone or correspondence list is received, a confirmation letter shall be sent to the person making the request. If such a person indicates, at a later time, that further correspondence is not objectionable, the superintendent or his/her designee may, but need not, direct the name of that person or business be removed from the negative correspondence and telephone list. Upon receipt of a request to be placed on an inmate's negative correspondence and telephone list, the requester is to be informed of the toll-free telephone number for the Office of Victim Assistance [Services]. The requester should also be told that the Office of Victim Assistance [Services] is available to explain release notification options and access to Crime Victim Compensation funds, and when appropriate, to make referrals to support groups or community services such as those assisting victims of domestic violence or sexual assault.

720.3(b)(2) Persons under probation or community [parole] supervision. Authorization from the superintendent and the probation or parole officer must be obtained before the inmate may correspond with a probationer or parolee. Such correspondence will usually be limited to immediate family members.

720.3(i) It is the responsibility of each inmate to print or type his or her return address on the front upper-left-hand corner and on the back flap of each outgoing envelope exactly as illustrated below. The inmate shall use his or her commitment name unless it has been legally changed. Failure to include all return address information in the order indicated may result in the opening and return of the mail to the inmate. If the correspondence unit is unable to identify the inmate sender, the mail will be destroyed by the facility.

Section 720.4 Incoming mail.

(c) Printed or photocopied materials.

(1) When, in the course of inspection, printed or photocopied materials are found, the entire contents of such correspondence may be delayed through the correspondence unit for up to six days while the materials are subject to media review guidelines (see Part 712 of this Title).

(2) A limit of five pages of printed or photocopied materials (an individual newspaper clipping will be considered one page) may be received within a piece of regular correspondence (except as provided in paragraphs (3 & 4) of this subdivision). In order to facilitate media review, pages or clippings must not be taped, glued, or pasted together or to other papers.

(3) Not to exceed once every four months, an inmate may make a written request to the superintendent to receive in excess of five pages of printed or photocopied legal papers specifically related to the inmate's current legal matter (e.g., legal brief or trial transcript relating to the inmate's active case) within a piece of regular correspondence. The inmate shall make the request in advance, specifically identifying the legal papers, including the approximate number of pages, and state why they cannot be obtained via the facility law library or privileged correspondence (e.g., from a court, attorney, or the New York State Law Library). If approved, the piece of correspondence must be received within 30 days thereafter. Upon timely receipt, it shall be processed in accordance with this section and shall not be deemed privileged correspondence.

(4) The Five Page limit on printed or photocopied materials shall not apply to incoming mail from the entities listed in Part 721 paragraphs 721.2(b)(2) through (6) of this title.

720.4(i) Inmates are authorized to retain all of their personal correspondence, subject only to the limitations expressed in Directive #4913, "Inmate [Personal] Property [Limits]," and any other applicable rule or regulation.

The Department of Corrections and Community Supervision has determined that no person is likely to object to the proposed action. The amendments to this section make technical corrections to employee and office titles and also clarify Department policy by expanding exceptions to the limit of five pages of printed or photocopied materials that can be received by inmates through incoming correspondence. Therefore, the Department has determined that this rulemaking makes technical and otherwise non-controversial changes to the regulation. See SAPA section 102(11)(c).

The proposed rule changes reflect office and employee title changes that came about due to the merger with the former Division of Parole. They also reflect the change from the Office of Victim Services to Office of Victim Assistance, so as to not be confused with the New York State Office of Victim Services. The amendments also reflect a revised Department directive title and an amended employee job title. The addition of the new paragraph 720.4(c)(4) was determined to be necessary to clarify for staff that materials received from specific entitles as listed in 7 NYCRR paragraphs 721.2(b)(1) through (6) are not subject to the five page limit on printed or photocopied materials.

The Department's authority to make these changes resides in Correction Law, section 112 which grants the Commissioner the management and control of correctional facilities and the inmates therein, and provides the authority for the commissioner to make such rules and regulations, not in conflict with state statutes, as deemed necessary.

A job impact statement is not submitted because this proposed rulemaking is simply clarifying existing policy and procedure, and updating Department terminology, it has no adverse impact on jobs or employment opportunities.