New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7051
Executive Department
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9 NYCRR 7051.1 - Policy
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Pursuant to Correction Law, section 509, in order to provide inmates incarcerated in local correctional facilities the opportunity to visit family members when death is imminent and/or after death has occurred, at the discretion of the chief administrative officer, inmates shall be permitted to visit the deathbed of and/or attend the funeral of designated family members pursuant to the requirements of this Part.
9 NYCRR 7051.2 - Definitions
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
As used in this Part, the term funeral visit shall mean attendance at one or more of the following at the discretion of the chief administrative officer:
(a)the wake;
(b)the church or other appropriate memorial service held at the gravesite or any other location; and/or
(c)the interment.
9 NYCRR 7051.3 - Facility policies and procedures
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Each local correctional facility shall develop written policies and procedures concerning funeral and deathbed visits consistent with Correction Law, section 509, and the requirements of this Part.
9 NYCRR 7051.4 - Legal requirements and eligibility
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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)At the discretion of the chief administrative officer, an inmate shall be permitted to attend the funeral of his/her father, mother, guardian or former guardian, child, brother, sister, husband, wife, grandparent, grandchild, ancestral uncle or ancestral aunt, or to visit such individual during his/her illness if death be imminent.
(b)Such visits shall be permitted only within New York State.
9 NYCRR 7051.5 - Assessment and processing of visit requests
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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)The chief administrative officer of each local correctional facility shall develop and implement a procedure for the expeditious review, assessment and approval of requests made by an inmate or other person asking that an inmate be permitted to visit the deathbed of and/or attend the funeral of a designated family member.
(b)Prior to approving any such request, the chief administrative officer shall verify:
(1)that the person to be visited is one of the persons specified in section 7051.4(b) of this Part;
(2)that the funeral arrangements or claim of imminent death are legitimate; and
(3)that the inmate wishes to have such a visit, if the request was initiated by another person.
(c)Prior to approving such visit, the chief administrative officer shall assess the potential security risk associated with the visit by considering, at a minimum, the following factors:
(1)offense for which the inmate is incarcerated and circumstances surrounding the offense;
(2)criminal history of the inmate, including a history of escape or attempted escape;
(3)whether the inmate's presence at the visit may constitute a threat to the inmate or any other person present because of:
(i)the involvement of a member of the inmate's family in the offense committed by the imate; and/or
(ii)other persons who may be present at the funeral or deathbed visit;
(4)mental stability of the inmate, including the inmate's mental health history and the potential effect of the visit on the inmate;
(5)medical condition of the inmate;
(6)method of transport or escort required; and
(7)any other relevant circumstances specific to the inmate or situation.
(d)After considering the factors specified in subdivision (c) of this section, the chief administrative officer shall approve or deny the visit. Such determination shall be made as soon as possible given the circumstances surrounding the funeral or deathbed visit.
(e)After such determination has been made, the inmate and/or other person requesting the visit shall be immediately informed of the decision.
(f)If the visit is denied, the inmate and/or other person requesting the visit shall be:
(1)informed in writing of the facts and circumstances surrounding the denial; and
(2)given an opportunity to respond to the chief administrative officer concerning the determination within 24 hours.
(g)At the discretion of the chief administrative officer, an inmate may be permitted both to visit the deathbed of and to attend the funeral of those persons with whom inmates are authorized to visit pursuant to section 7051.4(b) of this Part.
9 NYCRR 7051.6 - Security and supervision requirements
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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 section 7003.7(a) of this Title, an inmate shall be under constant supervision at all times during his/her absence from the facility due to a funeral or deathbed visit, unless such inmate is participating in a release program pursuant to Correction Law, articles 22-A and 27.
(b)Based on the factors to be considered pursuant to section 7051.5(c) of this Part, prior to any such visit the chief administrative officer shall determine and specify in writing the specific security measures and/or other special instructions to be followed during the visit.
(c)Such written determination shall include, but need not be limited to, the following information:
(1)the appropriate number of facility staff who will be assigned to accompany the inmate on the visit;
(2)the vehicle to be used and method of transportation;
(3)if restraint equipment is to be used, the type of equipment to be employed and procedures, if any, for removing restraints while the visit is taking place;
(4)special procedures which are necessary due to the medical condition or mental health of the inmate and the specific steps to be followed;
(5)the route to be followed and itinerary for the trip; and
(6)any other special instructions concerning the visit.
(d)Prior to the funeral or deathbed visit, facility staff assigned to supervise such visit shall be thoroughly briefed concerning such security measures and special instructions and shall be given all pertinent information regarding the family and circumstances surrounding the visit.
(e)Prior to the funeral or deathbed visit, the inmate shall be thoroughly instructed regarding forbidden conduct during the visit and, if appropriate, advised concerning the use of restraints.
(f)At least one facility staff member accompanying the inmate on a funeral or deathbed visit shall be the same sex as the inmate.
(g)Facility staff assigned to accompany an inmate on a funeral or deathbed visit shall adhere to security and supervision requirements regarding transportation of inmates as specified in Part 7003 of this Title.
(h)Facility staff shall only escort an inmate to destinations approved by the chief administrative officer for the trip.
(i)During a funeral or deathbed visit, no inmate shall be permitted to obtain food, beverages or any gifts, including money, from his/her family or any member of the public.
9 NYCRR 7051.7 - Food, lavatory and lodging stops
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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)Inmates participating in funeral or deathbed visits shall be given the opportunity to eat during regularly scheduled meal times.
(b)Lavatory stops shall be made only as the need arises and as security permits. Whenever possible, such stops shall be made at law enforcement facilities.
(c)If it is not possible to utilize a law enforcement facility for lavatory stops, every attempt shall be made to utilize facilities with as little public presence and/or access as possible.
(d)If a funeral or deathbed visit requires an inmate's absence from a facility overnight, the inmate shall be housed in a local correctional facility or other suitable place designated pursuant to Correction Law, section 504.
9 NYCRR 7051.8 - Facility staff conduct and inmate attire
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)While accompanying an inmate on a funeral or deathbed visit, facility staff shall conduct themselves in a professional and courteous manner toward the public and the inmate in their custody, causing as little public display as possible.
(b)When security considerations permit, searches of the inmate and/or the use of restraint by facility staff during funeral or deathbed visits shall be carried out in a manner which minimizes any public attention.
(c)At no time shall facility staff accept food, beverages or any gifts, including money, from the inmate's family or any member of the public pursuant to Part 7019 of this Title.
(d)Inmates shall be permitted to wear their own personal clothing during funeral or deathbed visits. If the inmate has no suitable clothing at the facility, the inmate shall be permitted to make arrangements to receive such clothing prior to the visit.
9 NYCRR 7051.9 - Duration of visits
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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 subdivisions (b) and (c) of this section, inmates attending a deathbed or funeral visit shall be permitted to visit family members for a minimum of 30 minutes per visit, excluding time taken to transport the inmate to and from the visit. However, at the discretion of the chief administrative officer or facility staff supervising an inmate on such a visit, a longer visit may be permitted.
(b)If a determination is made by the attending physician or other health services staff that a deathbed visit would jeopardize the health of the ill family member or the inmate and/or if hospital regulations restrict the length of the visit, such visit may be denied or modified as so recommended or required.
(c)The chief administrative officer or designated facility staff shall have the authority to limit such visit to less than 30 minutes or terminate such visit before the prescribed period if, in their opinion, a 30-minute visit will threaten the safety or welfare of the inmate, facility staff or any member of the public.
9 NYCRR 7051.10 - Reportable incidents
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
If a reportable incident occurs while an inmate is absent from the facility to attend a funeral or deathbed visit, facility staff shall report such incident to the Commission of Correction pursuant to the requirements of Part 7022 of this Title.
9 NYCRR 7051.11 - Records
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
A written record of all requested funeral and deathbed visits shall be maintained by each local correctional facility.
9 NYCRR 7051.12 - Earlier source heading: [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Current section text is not available here.