Packages.
40 RCNY § 1-12
in effect§ 1-12 Packages.
(a) Policy. Prisoners shall be permitted to receive packages from, and send packages to, any person, except when there is reasonable belief that limitation is necessary to protect public safety or maintain facility order and security.
(b) Number. The Department may impose reasonable restrictions on the number of packages sent or received.
(c) Outgoing packages. The costs incurred in sending outgoing packages shall be borne by the prisoner.
(d) Incoming packages.
(1) Incoming packages shall be delivered within 72 hours of receipt by the Department, unless the intended inmate is no longer in custody of the Department.
(2) Packages may be personally delivered to a facility during visiting hours.
(3) Upon admission to a facility, prisoners shall be provided with a copy of a list of items that may be received in packages or this list shall be posted in each housing area.
(e) Inspection of incoming packages.
(1) Incoming packages may be opened and inspected.
(2) Correspondence enclosed in incoming packages may not be opened or read except pursuant to the procedures set forth in subdivision (e) of 40 RCNY § 1-11.
(f) Prohibited items in incoming packages.
(1) When an item found in an incoming package involves a criminal offense, it may be forwarded to the appropriate authority for possible criminal prosecution. In such situations, the notice required by paragraph (3) of this subdivision may be delayed if necessary to prevent interference with an ongoing criminal investigation.
(2) A prohibited item found in an incoming package that does not involve a criminal offense shall be returned to the sender, donated or destroyed, as the prisoner wishes.
(3) Within 24 hours of the removal of an item, the Board and the intended prisoner shall be sent written notification of this action. This written notice shall include:
(i) the name and address of the sender;
(ii) the item removed;
(iii) the reasons for removal;
(iv) the choice provided by paragraph (2) of this subdivision; and
(v) the appeal procedure.
(4) After removal of an item, all other items in the package shall be forwarded to the intended prisoner.
(g) Appeal. Any person affected by the determination to remove an item from an incoming package may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(2) The Department and any person affected by the determination may submit to the Board for its consideration any relevant material in addition to the written determination.
(3) The Board or its designee shall issue a written decision upon the appeal within 14 business days after receiving notice of the requested review.
(Amended City Record 12/24/2015, eff. 1/23/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-128277Fetched: 10/24/2026