9 NYCRR Part 7002 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7002.1 - Policy

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, each local correctional facility shall establish policies and procedures designed to ensure that all prisoners are admitted to such facility in accordance with law, and in a manner designed to protect the safety of all persons and the security of the facility.

(b)Only persons lawfully committed to a local correctional facility shall be admitted to such facility.

9 NYCRR 7002.2 - Authority for admissions

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Prior to the admission of any prisoner, facility staff performing receiving and admissions functions shall examine the committing instrument or document which serves as the basis for the admission. Prisoners shall be admitted to a facility only when:

(1)an examination of available prisoner identification confirms that a prisoner's identity corresponds with any information accompanying such document;

(2)reasonable efforts have been made to confirm that the prisoner is of proper age for admission to a correctional facility in the State of New York. If the prisoner has not reached his or her 16th birthday, such prisoner shall not be admitted to the facility, except in accordance with section 304.1 of the Family Court Act or section 510.15 of the Criminal Procedure Law;

(3)reasonable efforts have been made to confirm that the commitment document bears the signature of a magistrate or other appropriate authority;

(4)it has been confirmed that the prisoner has been committed or otherwise authorized for admission to the receiving facility, and is not intended for commitment to another facility;

(5)it has been determined that the commitment document is not otherwise defective so as to render the admission of a prisoner unlawful; and

(6)an examination of the sentencing commitment, for eligible inmates of another state detained by agreement pursuant to Part 7205 of this Title, confirms that such inmate has been sentenced by a court of the other state to a term of imprisonment allowable pursuant to section 500-o of the Correction Law.

(b)The chief administrative officer shall designate facility staff members to be responsible for admitting prisoners in accordance with the provisions of this Part.

(c)Persons delivering a prisoner to a facility shall present identification as required by the admitting facility staff person.

(d)The admissions process shall include the recording of:

(1)the name of the prisoner received;

(2)the authority for admission to the facility;

(3)an itemization of all documents and property received with the prisoner;

(4)the date and time of admission; and

(5)the name, rank, badge number and authority of delivering officer.

9 NYCRR 7002.3 - Identification

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this section, identification procedures, including fingerprinting, shall be established for prisoners confined in local correctional facilities.

(b)All prisoner fingerprints shall be taken in accordance with the rules and methods prescribed by the Division of Criminal Justice Services. If the prisoner is sentenced for a felony or a misdemeanor, two copies of the prisoner's fingerprints shall be forwarded by the facility to the Division of Criminal Justice Services within 24 hours of the admission of such sentenced prisoner to the facility. One copy of such fingerprints shall be retained by the facility.

(c)When deemed necessary to maintain the safety and security of the facility, the chief administrative officer may:

(1)take the fingerprints of unsentenced prisoners; or

(2)take palmprints or a photograph of any prisoner.

9 NYCRR 7002.4 - Property confiscation

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Facility staff shall confiscate all contraband from prisoners admitted to the facility.

(b)As used in this section, the term contraband shall mean:

(1)any article or substance the possession of which would constitute an offense as that term is defined in the New York State Penal Law;

(2)any deadly weapon, as such weapon is defined in subdivision 12 of section 10.00 of the Penal Law;

(3)any article or substance the possession of which is specifically prohibited by written facility regulations;

(4)any article or substance the possession of which is specifically prohibited by the provisions of this Subtitle; and

(5)any article or substance which may present a substantial sanitation or health threat to the facility.

(c)All prisoner property confiscated by facility staff shall be inventoried and recorded in writing. Such inventory shall include:

(1)the name of the prisoner;

(2)an itemization of each personal property item confiscated with an accurate description of such item;

(3)the date of confiscation; and

(4)the name and signature of officer completing the inventory.

(d)The prisoner shall verify by signing the inventory that such inventory is a complete and accurate itemization of such prisoner's confiscated personal property. If, for any reason, a prisoner is not able to verify, or refuses to verify, that such listing is accurate or complete by signing the inventory, such inventory shall be witnessed and signed by a second facility staff member. If, at a later time, such prisoner is able or willing to effect such signature, the prisoner shall be permitted to do so. The prisoner shall be given a copy of the signed inventory, and at least one copy shall be retained in the facility.

(e)Except as provided in subdivisions (g), (h) and (i) of this section, all prisoner property confiscated pursuant to this section shall be kept in a safe and secure area.

(f)The chief administrative officer shall establish and maintain accurate books of account with respect to any money confiscated as contraband pursuant to this Part. Money confiscated as contraband pursuant to this section shall be deposited in the prisoner's account.

(g)A prisoner may designate, in writing, persons to receive property confiscated pursuant to this section. Personal property shall be released to persons designated by the prisoner when:

(1)such person has presented adequate identification;

(2)such person signs the personal property inventory; and

(3)the inventory has been amended to reflect the release of each item of property.

(h)If a prisoner is not able to designate a person to receive property, or if the designee refuses to receive such property, and if such property cannot be stored within the facility because such storage may present a substantial facility health or sanitation threat, such property may, upon the order of the chief administrative officer, be destroyed. Any such order shall be in writing and shall state:

(1)the name of the prisoner;

(2)the specific property being destroyed;

(3)the time and date of destruction of the property; and

(4)the specific facts and reasons why such property constitutes a facility health or sanitation threat.

(i)The chief administrative officer shall not release any confiscated prisoner property, the possession of which may constitute an offense, to any person except appropriate law enforcement officials. Any such release shall be in writing and shall state:

(1)a description of the property released to law enforcement officials;

(2)the time and date of release;

(3)the name of the prisoner from whom the property is confiscated; and

(4)the name and organization of the official to whom the property is released.

9 NYCRR 7002.5 - Records

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of section 500-f of the Correction Law, each local correctional facility shall record and maintain information concerning each prisoner admitted to a local correctional facility.

(b)A record shall be made of the name, address, telephone number and relationship to the prisoner, of a person designated by a prisoner to be notified in case of the death, serious illness or other serious incident involving the prisoner.

9 NYCRR 7002.6 - Medical screening

Related State Register notice: Adopted rule CMC-43-22-00002-A. Published Feb 15, 2023. Notice effective date: Feb 15, 2023.

Source version current through Mar 31, 2022

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Register check
Source version current through: Mar 31, 2022
Related Register notice: CMC-43-22-00002-A · Adopted rule
Related notice published: Feb 15, 2023
Related notice effective date: Feb 15, 2023

Current section text is not available here.

9 NYCRR 7002.7 - Personal hygiene and clothing issue

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of Part 7005 of this Subtitle, all prisoners shall be provided at admission with an issue of personal hygiene items.

(b)Clothing shall be issued to prisoners when requested or required pursuant to the requirements of Part 7005 of this Subtitle.

9 NYCRR 7002.8 - Admissions telephone call

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Consistent with the provisions of Part 7031 of this Subtitle, a prisoner shall be permitted to make telephone calls upon admission to a facility. Prisoners shall be informed upon admission of their rights to make such telephone calls.

9 NYCRR 7002.9 - Earlier source heading: Facility rules and information

Related State Register notice: Adopted rule CMC-43-22-00002-A. Published Feb 15, 2023. Notice effective date: Feb 15, 2023.

Source version current through Apr 15, 2022

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022
Related Register notice: CMC-43-22-00002-A · Adopted rule
Related notice published: Feb 15, 2023
Related notice effective date: Feb 15, 2023

Current section text is not available here.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.