25-c-5 Statutory Privacy Rights

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

25-C-5. Statutory Privacy Rights

You may also have privacy rights under state statutes and regulations, in addition to your federal constitutional rights.¹⁴⁶ For example, New York State law requires prisons to give prisoners certain clothing, and to follow specific procedures when giving prisoners urine tests or searching prisoners' religious items.

(a) Clothing

New York State law gives all prisoners the right to the same amount of "facility-issue clothing."¹⁴⁷ Look in your prison library for the New York DOCCS Directives (specific prison rules) for more specific information about clothing. Prison officials in New York cannot take clothing away as punishment.¹⁴⁸ But they can take clothing away if they think it is dangerous to the prison and/or yourself by being a threat "to the safety, security or good order" of the facility.¹⁴⁹ If officials want to take away some clothing from you because they think it is dangerous for you to have, they must follow specific procedures.¹⁵⁰ A deprivation order-an order that takes away a specific item, privilege or service-must be authorized by the officer of the day, the deputy superintendent for security services, or a higher official. You must receive a written copy of the order within twenty-four hours.¹⁵¹ The copy must include the reasons for the order and explain how you can challenge the order.¹⁵² The prison superintendent must also receive a copy.¹⁵³ The deprivation order must be reviewed on a daily basis. If the order is...