9 NYCRR Part 7003 - Executive Department

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Source versions current through Mar 31, 2022 - Mar 19, 2025 across sections

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

9 NYCRR 7003.1 - Policy

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

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

Consistent with the requirements of this Part, each local correctional facility shall develop and employ policies and procedures designed to ensure that proper facility safety, security and supervision is maintained.

9 NYCRR 7003.2 - Definitions

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

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

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Supervisory visit shall mean:

(1)a personal visual observation of each individual prisoner by facility staff responsible for the care and custody of such prisoners to monitor their presence and proper conduct; and

(2)a personal visual inspection of each occupied individual prisoner housing unit and the area immediately surrounding such housing unit by facility staff responsible for the care and custody of prisoners to ensure the safety, security and good order of the facility.

(b)General supervision shall mean the availability to prisoners of facility staff responsible for the care and custody of such prisoners which shall include supervisory visits conducted at 30-minute intervals.

(c)Active supervision shall mean the immediate availability to prisoners of facility staff responsible for the care and custody of such prisoners which shall include:

(1)uninterrupted ability to communicate orally with and respond to each prisoner unaided by any electronic or other artificial amplifying device; and

(2)the conducting of supervisory visits at 30-minute intervals;

(3)the ability of staff to immediately respond to emergency situations; and

(4)in any facility housing area in which more than 20 inmates are housed, the continuous occupation of a security post within such housing area.

(d)Constant supervision shall mean the uninterrupted personal visual observation of prisoners by facility staff responsible for the care and custody of such prisoners without the aid of any electrical or mechanical surveillance devices. Facility staff shall provide continuous and direct supervision by permanently occupying an established post in close proximity to the prisoners under supervision which shall provide staff with:

(1)a continuous clear view of all prisoners under supervision; and

(2)the ability to immediately and directly intervene in response to situations or behavior observed which threaten the health or safety of prisoners or the good order of the facility.

9 NYCRR 7003.3 - Supervision of prisoners in facility housing areas

Related State Register notice: Adopted rule CMC-15-22-00007-A. Published Aug 10, 2022. Notice effective date: Aug 10, 2022.

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Register check
Source version current through: Mar 31, 2022
Related Register notice: CMC-15-22-00007-A · Adopted rule
Related notice published: Aug 10, 2022
Related notice effective date: Aug 10, 2022

Current section text is not available here.

9 NYCRR 7003.4 - Supervision of prisoners outside facility housing areas

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

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

(a)Except as otherwise provided in this section, active supervision shall be maintained whenever prisoners are participating in activities outside facility housing areas.

(b)The chief administrative officer may determine that supervision, other than active supervision, is required for prisoners participating in activities outside facility housing areas. Such supervision may, where appropriate, include:

(1)constant supervision; or

(2)supervision by:

(i)facility staff members primarily responsible for duties other than the care and custody of prisoners; or

(ii)other persons providing services within the facility, including persons conducting facility programs.

(c)Prisoners participating in temporary release programs as provided in articles 22-A and 27 of the Correction Law need not be supervised when such prisoners are outside the confines of the facility.

(d)The chief administrative officer shall determine the type and manner of supervision to be provided to trustees while such trustees are outside their facility housing areas.

9 NYCRR 7003.5 - Prisoner population counts

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

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

(a)Prisoner population counts shall:

(1)be conducted at the completion and commencement of each regularly scheduled shift;

(2)be conducted by the facility staff member completing such regularly scheduled shift;

(3)be conducted by the facility staff member beginning the next regularly scheduled shift; and

(4)include an accounting of all prisoners housed in or otherwise assigned to the facility area in which such count is conducted.

The results of each prisoner population count conducted pursuant to paragraphs (a)(2) and (3) of this section shall be recorded in writing. Such written records shall include the:

(1)date and time of the count;

(2)facility area in which the count was conducted;

(3)number of prisoners accounted for; and

(4)name of facility staff member conducting the count.

(c)Subsequent to each prisoner population count conducted pursuant to paragraph (a)(3) of this section, the written records of the results of each count compiled pursuant to subdivision (b) of this section shall be immediately forwarded to the chief administrative officer. Upon receipt of the results of all prisoner population counts, the chief administrative officer shall determine the total prisoner population count. Such total prisoner population count shall account for each prisoner committed to the facility.

(d)Total prisoner population counts shall be made in writing and shall include the:

(1)date and time of such count;

(2)the results of such count; and

(3)signature of the chief administrative officer.

(e)The chief administrative officer shall immediately initiate appropriate emergency procedures in response to any discrepancy in the prisoner population count.

9 NYCRR 7003.6 - Requirements of facility staff members prior to assuming responsibilities in an assigned facility area

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

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

(a)Each facility staff member shall, prior to assuming responsibilities in an assigned facility area, obtain all necessary keys for the assigned area in accordance with the provisions of section 7003.9 of this Part.

(b)Upon assuming responsibilities in an assigned area and following the completion of duties set forth in section 7003.5 of this Part, review the records maintained pursuant to section 7003.3(j) of this Part and, subsequent to such review, initial such written records.

(c)Where a facility member's assignment to a facility area is scheduled to exceed one hour, such facility staff member shall, upon assuming responsibilities in the assigned facility area and following the completion of duties set forth in subdivision (b) of this section, inspect all supplies, equipment, locks, gates, bars, screens, security windows and other securing devices, and perform any other necessary security functions as determined by the chief administrative officer.

9 NYCRR 7003.7 - Earlier source heading: Prisoner transportation

Related State Register notice: Adopted rule CMC-49-24-00001-A. Published Mar 19, 2025. Notice effective date: Mar 19, 2025.

Source version current through Mar 19, 2025

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 19, 2025
Related Register notice: CMC-49-24-00001-A · Adopted rule
Related notice published: Mar 19, 2025
Related notice effective date: Mar 19, 2025

Current section text is not available here.

9 NYCRR 7003.8 - Firearms control

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

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

(a)Except as otherwise provided in this Part, firearms or ammunition shall not be permitted within the secure area of any local correctional facility.

(b)All persons in possession of any firearms or ammunition shall be required to deposit such items in a secure depository or with a facility staff member prior to entering the secure area of any local correctional facility. Any person so depositing firearms or ammunition may demand, and upon demand shall receive, a receipt for such items. Any firearms or ammunition deposited pursuant to this subdivision shall be maintained in a safe and secure manner.

(c)All facility firearms or ammunition shall be maintained in a safe and secure area. An inspection of all facility firearms or ammunition shall be conducted at least every six months. A written record of such inspections shall be maintained and shall include:

(1)the name of the person conducting the inspection;

(2)the date of inspection;

(3)the type and quantity of firearms or ammunition; and

(4)any other information relative to the condition of the firearms or ammunition.

(d)Facility firearms or ammunition shall be issued only upon the determination of the chief administrative officer. Such determination shall be in writing and shall include the:

(1)specific facts and reasons underlying the determination;

(2)date and time of issuance and return of any firearms or ammunition;

(3)type and serial number of firearms or ammunition issued; and

(4)name of any person issued the firearms or ammunition.

(e)Firearms or ammunition shall be issued only to facility staff members trained in the use of such equipment by a certified firearms instructor.

(f)Except as otherwise provided in this subdivision, only firearms or ammunition issued by the facility shall be used by facility staff members in the performance of their official duties. Firearms other than facility issued firearms may be used by facility staff members in the performance of their official duties when:

(1)the chief administrative officer has approved such use in writing; and

(2)such facility staff members present certification of training in the use of such equipment by a certified firearms instructor.

(g)The storage, inspection, issuance and administration of chemical agents shall be in accordance with the provisions of Part 7063 of this Subtitle.

9 NYCRR 7003.9 - Key control

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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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, the chief administrative officer shall establish written procedures for the control and use of all keys in a local correctional facility.

(b)All keys used in a local correctional facility shall be maintained in a safe and secure area.

(c)The chief administrative officer shall ensure that a duplicate of every key used in a local correctional facility is maintained. Such duplicate keys shall be maintained in a safe and secure area and shall be readily accessible when needed.

(d)Each local correctional facility shall establish procedures to ensure that all keys issued within such facility are properly controlled. A written record shall be maintained with respect to the control and issuance of keys and shall include the:

(1)name of any facility staff member issued the keys;

(2)date and time of issuance of the keys; and

(3)date and time of return of the keys.

(e)All keys which could provide prisoners with a means of exit from any local correctional facility shall not be permitted in any area where prisoners may gain access to such keys.

9 NYCRR 7003.10 - Locks and other securing devices

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

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

The chief administrative officer shall ensure that all locks and other securing devices including, but not limited to, bars, security windows, fences and screens are inspected at intervals not to exceed 30 days to ensure that such locks and other securing devices are in proper working order. Written records of such inspections shall be maintained and shall include:

(1)the name of the facility staff member performing the inspection;

(2)the date of inspection;

(3)the condition of the locks and other securing devices; and

(4)any action taken to correct deficiencies in the locks and other securing devices.

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