New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7063
Executive Department
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7 sections
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9 NYCRR 7063.1 - 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
The use of chemical agents in a correctional facility shall be controlled and reasonably applied only when necessary to protect the safety, security and good order of the facility. Chemical agents used appropriately by trained facility staff under certain conditions have proven to be an effective method in preventing the loss of authority without resorting to physical contact or deadly physical force.
9 NYCRR 7063.2 - Authorized chemical agents
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)The only chemical agents which shall be stored or used in a correctional facility shall be oleoresin capsicum (OC), chloroacetophenone (CN) and orthochlorobenzalmalonitrile (CS).
(b)Chemical agents shall be administered only by the use of grenades, projectiles, aerosols and fogging devices approved by the chief administrative officer.
(c)Devices such as tear gas billies, pens or other small caliber devices of similar design shall be strictly prohibited.
9 NYCRR 7063.3 - Authorization for the use of chemical agents
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)No chemical agents shall be used by facility staff without proper authorization pursuant to the requirements of this section.
(b)Authorization for the use of chemical agents shall emanate from the highest authority available within the facility. Except as otherwise provided in subdivision (c) of this section, only facility staff in a supervisory position who have been designated in writing by the chief administrative officer and have been trained in the use of chemical agents shall have the authority to order the use of such agents.
(c)In emergency cases, when a delay in the use of chemical agents presents an immediate threat of death or serious injury or severely threatens the safety or security of the correctional facility, facility staff trained in the use of chemical agents shall have the authority to use chemical agents without authorization.
9 NYCRR 7063.4 - Use of chemical agents
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)Chemical agents shall not be used as a means of punishment.
(b)The use of any chemical agent shall be supervised by a supervisory staff member who has been trained in the use of chemical agents, except in emergency cases when a delay in the use of such agents presents an immediate threat of death or serious injury or severely threatens the safety or security of the facility.
(c)Prior to the use of chemical agents, the person authorizing such use shall notify facility health services staff, except in emergency cases when a delay in the use of such agents presents and immediate threat of death or serious injury or severely threatens the safety or security of the facility.
(d)Prior to the use of chemical agents, facility health services staff who are trained in the medical consequences of the use of such agents shall make reasonable efforts to inform the authorizing officer whether such administration may aggravate any existing injuries, illnesses or other physical conditions of any person who may be exposed.
(e)Prior to the use of chemical agents, facility staff shall consider:
(1)the safety hazards such agents can produce when used under certain conditions for certain periods of time in enclosed areas;
(2)the safety hazards presented by the use of burning-type grenades and projectiles in the vicinity of combustible materials; and
(3)the distinctive characteristics of each type of agent and how these characteristics will affect the situation for which they are being considered for use.
(f)Information pertaining to the requirements of this section shall be included in the training program required pursuant to section 7063.5 of this Part.
(g)No chemical agent shall be used on any person if a determination has been made pursuant to subdivision (d) of this section that the use of such agent may aggravate any existing injuries, illnesses or other physical conditions of any recipient, unless such use is reasonable to prevent death, serious injury or a serious threat to the safety or security of the facility.
(h)Whenever possible, prior to the use of any chemical agent, all reasonable efforts shall be made to evacuate all persons for whom the administration of such agent is not intended.
(i)Whenever possible, prior to the use of any chemical agent, such use shall be announced to the inmates for whom the administration of such agent is intended.
(j)In all cases of exposure to any chemical agent, facility health services staff shall examine and treat all persons exposed to such chemical agent as soon as possible. Treatment for exposure shall begin with those persons most seriously affected.
(k)All facility health services staff shall be properly trained in the treatment of persons exposed to chemical agents.
(l)Appropriate decontamination of persons and area cleanup procedures shall be completed as soon as possible after the use of any chemical agent.
(m)No chemical agent munitions or devices shall be used after they have passed the predetermined expiration date established by the manufacturer.
9 NYCRR 7063.5 - Training in the use of chemical agents
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)All facility staff who have the authority to order the use of chemical agents pursuant to section 7063.3 of this Part, supervise such use pursuant to section 7063.4 of this Part or use such agents shall have successfully completed a chemical agents training program approved by the commission.
(b)Such training program shall incorporate accepted practices in the use of chemical agents and shall be submitted to the commission for approval before delivery to facility staff.
(c)All facility staff who have the authority to order the use of chemical agents pursuant to section 7063.3 of this Part, supervise such use pursuant to section 7063.4 of this Part or use such agents shall also receive additional commission-approved training on an annual basis to ensure continued proficiency in chemical agent issues.
9 NYCRR 7063.6 - Storage and maintenance of chemical agents
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)All chemical agent equipment, munitions or devices stored within a facility shall be maintained in a safe and secure manner. Such storage shall ensure that only persons trained in the use of such articles have access to them.
(b)Equipment, munitions and devices which exclusively contain or administer oleoresin capsicum (OC) shall be inspected at intervals not to exceed six months. Inspections of all other such equipment, munitions or devices shall be conducted at intervals not to exceed three months.
(c)A written record of all such inspections shall be maintained which shall include, but need not be limited to:
(1)the name of the person(s) inspecting the articles;
(2)the date of inspection;
(3)the type and quantity of articles stored and inspected; and
(4)a description of their condition.
(d)Munitions and devices which have passed their predetermined expiration date shall be stored separately from the useful stock.
(e)Such munitions and devices shall be disposed of in compliance with accepted practices or used for training purposes only.
9 NYCRR 7063.7 - Recording the use of chemical agents
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)A written record of all incidents of chemical agent use, except when such agents are used for training purposes, shall be maintained.
(b)Such record shall include, but need not be limited to:
(1)the date and time of use;
(2)the location of the incident within the facility;
(3)the facts and circumstances surrounding the use of the agent;
(4)the name of the person authorizing the use of the agent;
(5)the name(s) of any person(s) on whom the agent was used;
(6)the name(s) of any facility staff involved in the use of the agent;
(7)the brand name of the agent used;
(8)the approximate amount of agent used;
(9)the approximate length of time each person was exposed to the agent from the use of the agent to initiation of decontamination procedures;
(10)the name and professional title of facility health services staff providing medical advice and assistance pursuant to the requirements of section 7063.4(d) of this Part and any treatment provided; and
(11)any adverse physical reactions of any person(s) to the use of the agent.