COR-24-07-00008-EP Packages and Articles Sent or Brought to Institutions
6/13/07 N.Y. St. Reg. COR-24-07-00008-EP
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 24
June 13, 2007
RULE MAKING ACTIVITIES
DEPARTMENT OF CORRECTIONAL SERVICES
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. COR-24-07-00008-EP
Filing No. 541
Filing Date. May. 29, 2007
Effective Date. May. 29, 2007
Packages and Articles Sent or Brought to Institutions
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 724 and addition of new Part 724 to Title 7 NYCRR.
Statutory authority:
Correction Law, section 112
Finding of necessity for emergency rule:
Preservation of public safety.
Specific reasons underlying the finding of necessity:
Packages have represented a window through which inmates and their external sources have attempted to transmit contraband items such as drugs, money and articles which can be used as or converted to weapons. Because of technological advances, seemingly innocuous consumer items may conceal sinister capabilities, and advances in packaging have sometimes aided in disguising and concealing dangerous products. When such items are successfully smuggled into a correctional facility, they become an instant threat to the safety and security of staff, inmates, visitors, volunteers and the public at large.
Accordingly, the department has concluded that it must have the capability of making immediate changes to the list of items allowed to be received via packages. For this reason, the listing, previously presented at section 724.4 of this regulation, has been removed. The listing, which has always been printed as part of the department's internal directive #4911, “Packages and Articles Sent or Brought to Institutions,” will henceforth be viewable on the department's website and, as before, posted in facilities and available to inmates at facility libraries. The department will be able, thereby, to quickly alter the list whenever it becomes evident that an item presents a security risk. Likewise, public access to the up-to-date list will help to minimize the likelihood that someone might purchase and send to an inmate an article that would not be allowed.
Concurrently, the remainder of Part 724 is amended to reflect procedures designed to enhance security, guard against abuse of package privileges and prevent importation of contraband into correctional facilities.
In view of the potential harm to public safety which may arise from abuse of inmate packages privileges, the department has concluded that this rule should be implemented on an emergency basis.
Subject:
Packages and articles sent or brought to institutions.
Purpose:
To update procedures consistent with security needs.
Substance of emergency/proposed rule (Full text is not posted on a State website):
PACKAGES AND ARTICLES SENT OR BROUGHT TO INSTITUTIONS
This Part formerly consisted of four sections, 724.1 through 724.4. It now consists of five sections with the addition of a new section 724.2 on applicability, identifying which inmates and facilities may receive packages in accordance with this Part.
Section 724.3, “Policy” (formerly 724.2), has been greatly expanded. New material is summarized as follows:
Subdivision (a).
— Paragraph (3) restricts received articles to those which will be for the inmate's personal use and will not cause the inmate to exceed in-cell limits;
— Paragraph (4) defines the value of an article as the actual purchase price, excluding tax, shipping or handling costs;
— Paragraphs (5) and (6) clarify procedures for disposition of previously received package items which subsequently become disallowed;
— Paragraph (7) specifies that the department is not responsible for articles damaged in shipping or received in spoiled condition;
— Paragraph (8) provides for a record of return-to-sender transactions.
Subdivision (b).
— Paragraphs (1) through (4) specify search procedures, including a procedure for handling items of religious significance;
— Paragraphs (5) and (6) define contraband and articles not permitted and include procedures for disposition;
— Paragraph (7) prohibits alteration of items once received;
— Paragraph (8) provides for review and disposition of items withheld by staff because of non-conformance with specifications.
Subdivision (d).
— Paragraph (1) adds procedures for disposition of packages not having return addresses;
— Paragraph (2) expands procedures for sending a package out of a facility at an inmate's request.
Subdivision (e) — limits receipt of art and handicraft supplies.
Subdivision (f) — explains procedures for handling packages brought by visitors.
Subdivision (g).
— Paragraph (2) requires that a received article valued at over $20 must be accompanied by a receipt or bill;
— Paragraph (4) establishes special watch procedures to guard against importation of contraband in packages addressed to inmates who have been identified with contraband or drug-related misbehavior;
Subdivision (h).
— Paragraph (2) specifies that an inmate who orders a package while under a “loss of package” disciplinary disposition must pay to have it returned to sender.
Subdivision (i) provides for disposition of packages received for inmates in SHU.
Subdivision (j) provides for processing and forwarding or disposition of packages received for inmates who have been transferred or are temporarily away from a facility.
Section 724.4, “Local permits” (formerly 724.3), has not changed except for the following addition at paragraph (5): “If a permit is revoked, the article will be confiscated and disposed of at the inmate's expense in accordance with the departmental directive on inmate personal property limits.”
Section 724.5, “Listing of approved items” (formerly 724.4, “Allowable Items”) is completely changed. The department will no longer list items in this regulation because of the necessity of making changes as security needs require and on an expeditious basis. The new section is printed here in its entirety.
§ 724.5 Listing of approved items.
(a) The department shall promulgate a detailed listing of items approved for receipt by inmates through facility package rooms. This listing shall be appended to the departmental directive #4911, “Packages and Articles Sent or Brought to Institutions,” made available to inmates in all facility libraries, posted in all facility package rooms and visiting rooms, and posted on the department's website at www.docs.state.ny.us/directives/4911.pdf
(b) This listing only identifies items which may be received through the package room and sets forth the conditions and restrictions for receipt of those items; this listing is not a comprehensive list of all items that an inmate may be authorized to possess.
(c) This list will be periodically updated and amended, consistent with the needs of the department.
This notice is intended
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire August 26, 2007.
Text of rule and any required statements and analyses may be obtained from:
Anthony J. Annucci, Deputy Commissioner and Counsel, Department of Correctional Services, Bldg. 2, State Campus, Albany, NY 12226-2050, (518) 485-9613, e-mail: AJAnnucci@docs.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement
Statutory Authority:
Section 112 of the Correction Law assigns to the commissioner of correction the powers and duties of management and control of correctional facilities and inmates, and the responsibility to make rules and regulations for the government of correctional facilities and discipline of inmates.
Legislative Objectives:
By vesting the commissioner with this rulemaking authority, the legislature intended the commissioner to determine if inmates may receive packages from family members and other outside sources and, if allowed, to implement procedures to ensure that the privilege is not abused.
Needs and Benefits:
Inmates have long enjoyed the privileges of receiving packages from family and visitors and of ordering consumer goods from a list of approved articles. Packages, however, have represented a window through which inmates and their external sources have attempted to obtain contraband items such as drugs, money and articles which can be used or converted to weapons. Needless to say, when such items are successfully smuggled in, they become an instant threat to the safety and security of staff, inmates, visitors, volunteers and the public at large.
The Department has preserved these privileges despite the increasing sophistication of those who would attempt to smuggle contraband via packages. Because of technological advances, seemingly innocuous consumer items may conceal sinister capabilities, and advances in packaging have sometimes aided in disguising and concealing dangerous products.
Accordingly, the Department has concluded that it must have the capability of making immediate changes to the list of items allowed to be received via packages. For this reason, the listing, which has always been presented at section 724.4, has been removed and is being published in more rapidly changeable venues, including posting at the Department's website. The department will be able, thereby, to quickly alter the list whenever it becomes evident that an item presents a security risk. Likewise, public access to the up-to-date list will help to minimize the likelihood that someone might purchase and send to an inmate an article that would not be allowed.
The remaining text has been thoroughly overhauled to ensure that package privileges are maintained for most inmates and that all related procedures serve the department's security interests. These detailed policies and procedures are currently implemented at department facilities and are posted and available to inmates.
Significant changes from the repealed text include: addition of a section on applicability, clarifying which inmates and facilities may receive packages in accordance with this Part; restriction of received articles to those which will be for the inmate's personal use and will not cause the inmate to exceed in-cell limits; clarification of procedures for disposition of disallowed items; enhanced package-related record keeping; clarification of package and item search procedures; definitions of contraband and articles not permitted; a procedure for review of items withheld by staff because of non-conformance with specifications; procedures for sending packages out of a facility; procedures for handling packages brought with visitors; special watch procedures to guard against importation of contraband; procedures for handling packages for inmates in special housing units and for inmates who have been transferred or are temporarily away from a facility.
Costs:
a. To State government: None.
b. To local governments: None. The proposed amendment does not apply to local governments.
c. Costs to private regulated parties: None. The proposed amendment does not apply to private regulated parties.
d. Costs to the regulating agency for implementation and continued administration of the rule:
(i) Initial expenses: None.
(ii) Annual cost: None.
Paperwork:
a. New reporting or application forms: None.
b. Additions to existing reporting or application forms: None.
c. New or addition recordkeeping that will be required of the regulated party to comply with the rule or prove compliance with the rule: None.
Local Government Mandates:
There are no new mandates imposed upon local governments by this proposal. The proposed amendment does not apply to local governments.
Duplication:
This proposed amendment does not duplicate any existing State or Federal requirement.
Alternatives:
The department has considered eliminating package privileges or severely restricting the number and circumstances under which packages may be received by inmates. It has concluded that such privileges represent a significant connection between inmates and their families and friends and, as such, have rehabilitative and quality-of-life value. As explained under “Needs and Benefits,” the chosen course of action intends to maintain package privileges for most inmates while strengthening the procedures designed to ensure that these privileges are not abused and do not compromise security.
No other alternatives have been proposed or considered.
Federal Standards:
There are no minimum standards of the Federal government for this of a similar subject area.
Compliance Schedule:
The Department of Correctional Services is in compliance with this proposed rule.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. This merely updates policy and procedures for receiving, handling, searching and disposing of packages and articles received by inmates correctional facilities.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on rural areas. This merely updates policy and procedures for receiving, handling, searching and disposing of packages and articles received by inmates correctional facilities.
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This merely updates policy and procedures for receiving, handling, searching and disposing of packages and articles received by inmates correctional facilities.
