Title 9 Part 167

This Part shall apply to secure facilities operated by the New York State Division for Youth pursuant to sections 504, 504-a and 508 of the Executive Law.

Unless otherwise stated, as used in this Part:

The presence of contraband in a division for youth facility and its possession or use by residents or staff threatens the security of the facility and endangers the safety of residents, employees, volunteers and the community. Introduction or possession of contraband in a facility is a violation of law and violators may be prosecuted. Division employees attempting to introduce contraband or in possession of contraband may be subject to both prosecution and disciplinary action. A sound security program requires routine, periodic, and special searches of all persons entering the facility.

For the purposes of this Subpart, the term:

—Facility director Doe receives information from two staff that staff X is bringing marijuana into the facility on a certain day. One of the informing staff has given reliable information in the past. There is reasonable suspicion to justify a search of staff X.

—Resident Jones informs facility director Doe that staff X is helping resident Smith to escape from the facility. Another staff confirms this with additional information that X is bringing drugs and a hacksaw on a certain date. There is reasonable suspicion to justify a search of staff X.

—Facility director Doe receives general rumors from staff and a resident informant that staff X is bringing contraband into the facility. Further, the facility director received the same general information from another resident who was an informant for him at another facility. Finally, contraband had been discovered at the facility. There is reasonable suspicion to justify a search of staff X.

—Resident Jones gives information to the division that staff X is bringing drugs into the facility. There is no evidence that this resident had a history of providing reliable information in the past. Further, there is no corroborating evidence. There is NO reasonable suspicion to justify a search of staff X.

The division will not search a specified person or perform a lock box search based solely on the information of anonymous sources, unless:

Secured lock boxes shall be subject to search on a reasonable suspicion basis only.

Prior to submitting to a strip search, a person shall be given an opportunity to voluntarily surrender any contraband in his/her possession.

The person to be searched may request the presence of a witness, or a representative of an employee organization. The search will proceed if the named witness is not available within a reasonable period of time.

Strip searches shall be conducted in areas which are clean, heated, ensure privacy and have a space to store clothing.

All persons subject to a strip search shall be treated in a professional and courteous manner.

If contraband is found as a result of a search, an unusual incident report shall be generated which shall state the circumstances of the search and identify the contraband seized. The deputy director of residential services shall notify the division's deputy inspector general of the discovery of contraband.

When contraband items are found in the possession of a person who is searched, these items must be turned over to the facility director immediately.

All contraband found as a result of a search shall be identified and recorded as follows:

To maintain the chain of custody of contraband, logs must be kept in which the possession of each item is accounted for from the time the item is taken from the person searched until final disposition. Documentation shall include:

Notwithstanding the provisions of subdivisions (a) through (c) of this section, contraband, the possession of which may constitute an offense, other than the offense of introducing contraband into a facility, shall be turned over to appropriate law enforcement officials. Any such release shall be in writing and shall state:

A refusal to submit to a search when ordered or when not consented to shall result in a denial of permission to enter or remain on facility grounds.

The division shall ensure that all necessary staff receive appropriate training concerning this regulation and execution of strip searches.