“Mail Watch” Should Not Have Been Authorized/Determination Based on Contents of Inmate’s Mail Annulled

The Third Department annulled at determination which resulted from the interception of the inmate’s mail, finding that the “mail watch” authorization was invalid:

A superintendent of a correctional facility may authorize a mail watch only where “there is a reason to believe that the provisions of any department directive, rule or regulation have been violated, that any applicable state or[f]ederal law has been violated, or that such mail threatens the safety, security, or good order of a facility or the safety or well being of any person” (7 NYCRR 720.3 [e] [1]). Where a mail watch has been authorized, such authorization must “set forth the specific facts forming the basis for the action” (7 NYCRR 720.3 [e] [1]). Here, the Superintendent’s authorization failed to set forth any facts upon which its issuance was based, stating only that it was based upon a request of a deputy superintendent “to investigate activity that may jeopardize the safety and security of the facility.” Inasmuch as the authorization was not in compliance with the applicable regulation, it was invalid and the resulting mail watch was not properly authorized … . Mena v Fischer, 516758, 3rd Dept 3-6-14