9 NYCRR Part 7305 - Executive Department

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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 7305.1 - Policy

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Consistent with the requirements of this Part, each facility shall establish policies and procedures designed to ensure that every youth is 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 youth lawfully committed to the custody of a sheriff, or otherwise authorized to be detained therein, shall be admitted to such facility.

9 NYCRR 7305.2 - Authority for admissions

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

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

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

(2)reasonable efforts have been made to confirm that the youth is of proper age for admission to the facility. If the youth has not reached his or her 16th birthday, such youth shall not be admitted to the facility;

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

(4)it has been determined that the commitment document is not otherwise defective so as to render the admission of a youth unlawful.

(b)The director shall designate facility staff members to be responsible for admitting youth in accordance with the provisions of this Part.

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

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

(1)the name of the youth received;

(2)the authority for admission to the facility;

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

(4)the date and time of admission; and

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

9 NYCRR 7305.3 - Identification

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Consistent with the requirements of this section, identification procedures, including photographs, shall be established for youth confined in a facility.

(b)When, in the opinion of the director, or designee, the growth or removal of a youth’s hair, including facial hair, creates an identification problem, a new photograph may be taken of the youth.

9 NYCRR 7305.4 - Contraband confiscation

Source version current through Apr 15, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Facility staff shall confiscate all contraband from youth 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 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 youth contraband confiscated by facility staff shall be inventoried and recorded in writing. Such inventory shall include:

(1)the name of the youth;

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

(3)the date of confiscation; and

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

(d)The youth shall verify by signing the inventory that such inventory is a complete and accurate itemization of such youth's confiscated contraband. If, for any reason, the youth 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 youth is able or willing to effect such signature, the youth shall be permitted to do so. The youth 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 youth contraband confiscated pursuant to this section shall be kept in a safe and secure area.

(f)The director shall establish and maintain accurate books of account with respect to any money confiscated as contraband pursuant to this Part.

(g)A youth may designate, in writing, persons to receive contraband confiscated pursuant to this section. Contraband shall be released to persons designated by the youth 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 youth is not able to designate a person to receive contraband, or if the designee refuses to receive such contraband, and if such contraband cannot be stored within the facility because such storage may present a substantial facility health or sanitation threat, such contraband may, upon the order of the director, be destroyed.

Any such order shall be in writing and shall state:

(1)the name of the youth;

(2)the specific contraband being destroyed;

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

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

(i)Notwithstanding the provisions of this Part, the director shall not release any confiscated contraband, 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 contraband released to law enforcement officials;

(2)the time and date of release;

(3)the name of the youth from whom the contraband is confiscated; and

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

9 NYCRR 7305.5 - Records

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)A facility shall record and maintain information concerning each youth admitted to a facility.

(b)A record shall be made of the name, address, telephone number and relationship to the youth, of a parent, legal guardian, or spouse to be notified in case of the death, serious illness or other serious incident involving the youth.

9 NYCRR 7305.6 - Medical screening

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

A medical screening questionnaire shall be administered by facility staff at the time of admission, or prior to the placement of a youth in a facility housing unit.

9 NYCRR 7305.7 - Personal hygiene and clothing issue

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Consistent with the requirements of Part 7312 of this Title, all youth shall be provided, at admission, with an issue of personal hygiene items.

(b)Clothing shall be issued to youth when requested or required pursuant to the requirements of Part 7312 of this Title.

9 NYCRR 7305.8 - Admissions telephone call

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

Consistent with the provisions of Part 7331 of this Title, youth shall be permitted to make telephone calls to parents, legal guardians and legal counsel upon admission to a facility. Youth shall be informed upon admission of their rights to make such telephone calls.

9 NYCRR 7305.9 - Facility policies and information

Source version current through Apr 15, 2022

A matched Register action is not later than the compiled-text reference date.

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-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Each facility shall prepare and distribute to all youth, upon admission, a written copy of facility policies and information. Such policies and information shall include, but not be limited to, the following:

(1)behavior support policies;

(2)available health and behavioral health services, including physician and psychiatrist visits and sick calls;

(3)telephone services and policies for use;

(4)recreation and exercise schedules;

(5)information and eligibility criteria for any available facility program including, but not limited to:

(i)educational programs;

(ii)vocational programs; and

(iii)work programs;

(6)daily schedules;

(7)packages policy and permissible items;

(8)correspondence policy;

(9)visitation policies and schedules;

(10)eligibility criteria and procedures for requesting funeral and deathbed visits;

(11)eligibility criteria and procedures, including application forms, for conditional release;

(12)religious worship schedules;

(13)grievance procedures;

(14)the availability of legal reference materials and supplies, including a specific reference to the availability of rules and regulations of the State Commission of Correction; and

(15)any additional information the director feels may assist youth.

(b)If any youth is limited English proficient (LEP), or is deaf or hard of hearing, interpretation or translation must be arranged to assist such youth in the understanding of, and use of, necessary facility services and programs, as provided in section 7346.2 of this Title.

(c)Facility policies and information shall be updated and amended as needed.

(d)The director shall require that each youth sign a ledger or other record verifying that such youth has received the facility policies and information required pursuant to this Part. If, for any reason, the youth is not able to verify, or refuses to verify, receipt of the facility policies and information, such refusal shall be noted in the ledger by facility staff.

(e)The director may require that youth forfeit possession of their copy of facility policies and regulations upon discharge from the facility.

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