New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7308

Executive Department

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8 sections

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Source version current through Mar 31, 2022

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7308.1 - Policy

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)Every youth confined in a facility shall be entitled to receive visits.
(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern youth visitation. These written policies and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7308.2 - Visitation area

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)Each facility shall provide sufficient space for a visiting room or an area designed to allow for physical contact between a youth and his or her visitors.
(b)Each facility shall provide for the proper storage of visitors' coats, handbags and other personal items not allowed into the visiting area.

9 NYCRR 7308.3 - Availability of visits

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)Each facility shall grant youth the right to receive visits, subject only to the limitations pursuant to section 7308.7 of this Part.
(b)The director shall establish and publish a schedule of visitation that permits each youth to have the opportunity for at least two hours of visitation per week.
(c)A youth shall be permitted to visit more than one visitor at the same time, with the maximum number of visitors to be determined by the director.
(d)A youth shall be entitled to receive a visit within 24 hours of admission to a facility which, at the discretion of the director, or designee, may be a non-contact visit.

9 NYCRR 7308.4 - Visitor identification and registration

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, a youth shall be entitled to receive visits from their immediate family. For the purposes of this Part, immediate family shall include parents or legal guardians, grandparents, siblings, aunts, uncles, children, spouse, and individuals with whom the youth parent a child. A prospective visitor who is under 18 years of age may be restricted from visiting a youth if they are not accompanied by an approved adult visitor.
(b)The director, or designee, may work with a youth, the youth’s parents or guardian, or other appropriate individuals to develop a list of pre-approved individuals, other than immediate family, who may visit the youth.
(c)Each facility shall verify the identity of each prospective visitor.
(d)Facility staff shall record the following information for each prospective visitor:
(1)the visitor's name;
(2)the date;
(3)the time of entry and the time of exit;
(4)the name of the youth to be visited; and
(5)the visitor's relation to the youth.

9 NYCRR 7308.5 - Contact visits

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 subdivision (b) of this section, physical contact shall be permitted between a youth and his or her visitors.
(b)Youth and their visitors shall be required to conduct themselves in an appropriate manner and consistent with reasonable standards of public decency.

9 NYCRR 7308.6 - Visitation security and supervision

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 and subsequent to each visit, a youth shall be searched solely to verify that they are not in possession of contraband.
(b)All prospective visitors and their personal belongings brought into the visiting area shall be searched solely for contraband.
(c)A search of the visiting area shall be conducted prior and subsequent to each visiting period.

9 NYCRR 7308.7 - Limitation of visitation

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, the visitation of a youth with a particular visitor may be denied, revoked or limited only when it is determined that such visitation would cause a threat to the safety, security or operational stability of the facility or the safety, security or health of the youth or be detrimental to the youth's treatment and rehabilitation program.
(b)Any determination to deny, revoke or limit a youth's visitation pursuant to this section shall be made by the director, or designee, in writing, and shall state the specific facts and reasons underlying such determination. A copy of this determination shall be given to any person affected by the determination.

9 NYCRR 7308.8 - Special visits

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

Each facility shall implement procedures that govern special visits and the conditions of such visits. Such visits shall include, but not be limited to, visits from persons who have traveled long distances, visits to hospitalized youth, and non-contact visits.

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