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packages must be marked with words such as 'Authorized
by Bureau Policy.' This is to alert mail room staff
that enclosed materials contain matter which does not
require prior approval. . . . A package received
without an appropriately completed [authorization
form], or without markings indicating authorized
materials enclosed, is considered unauthorized and
shall be returned to the sender.
PS 5800.10, Ch. 3, pp.8-9.
This additional marking, i.e., "Authorized by Bureau Policy," is
only required on packages and should be in addition to the legal
mail markings explained above. Any legal mail that is delivered
in a box, a padded envelope or is wrapped in shipping paper is
considered a package and will be handled pursuant to the above
policy. An attorney who is unsure whether a legal shipment will
be considered a package or an envelope should write "Authorized
by Bureau Policy" to ensure that the shipment is not rejected.
(Note: An inmate who wishes to receive a non-legal material
package from anyone, including an attorney, must contact a
member of the Unit Team to complete the appropriate paperwork
and receive approval.)
3.
FedEx:
Attorneys should not send packages via FedEx because no inmate
mail is received directly at MCC New York. Staff pick up all
inmate mail at the United States Post Office. FedEx will only
deliver to the actual prison and staff are prohibited from
receiving a package for an inmate that is hand-delivered to MCC
New York. Attorneys who wish to expedite the delivery of
documents or materials to their clients are advised to pass them
during a legal visit, place the materials in one of the
institution's legal drop boxes or send the materials via the
Postal Service's Express or Priority Mail services.
4.
Stamps
Inmates may not receive stamps or stamped items other than
issuance from the institution or by purchase from the commissary.
C.F.R. §540.21(j). These items will be treated as contraband
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in the institution. Attorneys are permitted to send self-
addressed envelope without affixed postage.
5.
Court Clothing
Court clothing for trial can be delivered in one of two ways:
1) Prior to an individual bringing in clothes, it is the
inmate's responsibility to submit an "Authorization to Receive A
Package or Property BP-331" to his Unit Counselor. This form
can be obtained from the inmate's Unit Team. The Unit Counselor
will then deliver one copy of that form to the Receiving and
Discharge (R&D) Department. The inmate will receive the other
copies of that form so that he may mail one to the individual
who will be dropping off the court clothes. The individual
bringing the clothing should call R&D staff in advance before
dropping off clothes. Once authorized, they must bring the copy
of the BP-331 form with the package and notify the lobby officer
who will contact a staff member from the R&D department. An R&D
staff member will then report to the lobby and accept the
clothing.
2) A court order can be obtained in lieu of the BP-331 form
mentioned above. A call to R&D in advance of dropping the
clothing must still be made. Inmates are allowed up to two sets
of trial clothes.
6. Mail for multiple defendants
If a case involves several co-defendants who will need to view
the same discovery material, the package/envelope of discovery
must be addressed to the Legal Department, as described above,
and the mailing must contain a cover letter indicating all
inmates and Register Numbers who are to have access to this
discovery material.
D. Release of Records/Information
1.
Subpoenas
Subpoenas for documents ma be faxed to the MCC New York Legal
Department at
. Upon receipt of the fax, MCC New
York will begin gathering the requested documents. Please be
advised that the Privacy Act prohibits the release of any
information pursuant to a subpoena without the written
permission of the individual to whom the records pertain. This
requirement applies to attorneys requesting documents about
their clients. Therefore, an attorney must provide an original
signed consent for release of information from his or her client
along with any subpoena for information. Any records to which
an inmate normally has access, i.e., the inmate's medical
records and central file, will be provided directly to the
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requesting attorney with the proper inmate consent. However,
all other subpoenaed records will be provided to the United
States Attorney's Office for a determination of whether to
release the documents, pursuant to the Touhy regulations, 28
C.F.R. § 16.21 et seq.
2.
Medical Records
Medical records may be obtained by defense counsel with a Consent
to Release Authorization signed by the inmate-the original
consent form is required. The request can be mailed to the Legal
Department. If the inmate is no longer assigned to MCC New York,
then the requesting attorney must file a FOIA request to the