New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7342
Executive Department
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9 NYCRR 7342.1 - Policy
A matched Register action is not later than the compiled-text reference date.
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)Youth shall be permitted to visit family members when the death of a family member is imminent, or after death has occurred, subject to the provisions of this Part.
(b)Consistent with the requirements of this Part, every director and sheriff shall develop written policies and procedures that govern deathbed and funeral visits. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7342.2 - Definitions
A matched Register action is not later than the compiled-text reference date.
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
As used in this Part, the following definitions shall apply to the terms listed below:
(a)Funeral visit shall mean youth attendance at one of the following:
(1)a place of worship, a licensed funeral home, or other appropriate memorial service; or
(2)as a rare exception, an interment held at the gravesite, only when the youth is unable to pay final respects as specified in paragraph (1) of this subdivision.
(b)Sheriff shall mean the sheriff or Commissioner of Correction to whom the youth was committed by order of a court.
9 NYCRR 7342.3 - Legal requirements and eligibility
A matched Register action is not later than the compiled-text reference date.
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)At the discretion of the sheriff, or the sheriff’s designee, when the death of a youth's mother, father, legal guardian, brother, sister, spouse, child, grandparent, ancestral uncle or ancestral aunt is imminent, or has occurred, the youth shall be permitted to visit or make a deathbed or funeral visit of such individual.
(b)Such visits shall be permitted only within New York State.
9 NYCRR 7342.4 - Assessment and processing of visit requests
A matched Register action is not later than the compiled-text reference date.
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)The director shall develop and implement written policies and procedures to ensure that any request made by a youth, or any other person, that the youth be permitted to visit the deathbed of, or make a funeral visit to, a family member, is immediately delivered to the attention of the sheriff. Such policies and procedures shall additionally ensure that the sheriff, or sheriff’s designee, is provided all relevant information necessary to render a determination pursuant to subdivision (e) of this section.
(b)Every sheriff shall develop and implement written policies and procedures for the expeditious review, assessment and determination of requests made by a youth, or any other person, that the youth be permitted to visit the deathbed of, or make a funeral visit to, a family member.
(c)Deathbed visits may only take place at recognized health care facilities. Deathbed or funeral visits shall not be permitted in private homes.
(d)Prior to approving any such request, the sheriff, or the sheriff’s designee, shall verify:
(1)that the person to be visited is one of the persons specified in section 7342.3 of this Part;
(2)that the claim of imminent death, or death, is legitimate; and
(3)that the youth wishes to have such a visit, if the request was made by someone other than the youth.
(e)The sheriff, or sheriff’s designee, in consultation with the director, or the director’s designee, shall assess the potential security risks associated with the visit by considering the following factors:
(1)the offense for which the youth was committed to the sheriff and the circumstances surrounding such offense;
(2)the criminal history, escape history or attempted escape history of the youth;
(3)whether the youth's presence at the visit may constitute a threat to the youth or to any other person present because of:
(i)the involvement of a member of the youth's family in the offense committed by the youth; or
(ii)other persons who may be present at the deathbed visit or funeral;
(4)the mental stability of the youth, including the youth's mental health history and the potential effect of the visit on the youth;
(5)the medical condition of the youth;
(6)the method of transport or escort required; and
(7)any other relevant circumstances specific to the youth or situation.
(f)After considering all the factors specified in this section, the sheriff, or the sheriff’s designee, shall approve or deny the visit. Such determination shall be made as soon as possible given the circumstances surrounding the deathbed or funeral visit.
(g)After such determination has been made, the director, the youth, and any person requesting the visit shall be informed of the decision.
(h)If the visit is denied, the youth shall be immediately informed of the denial and given the opportunity to discuss the response with the director, or designee. Any such denial shall, as soon as practical, be documented by the sheriff, or the sheriff’s designee, and the youth shall be informed in writing.
9 NYCRR 7342.5 - Security and supervision requirements
A matched Register action is not later than the compiled-text reference date.
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)Youth shall be under the constant supervision of the sheriff’s officers during an absence from a facility due to a deathbed or funeral visit. The sheriff, or sheriff’s designee, shall determine:
(1)the appropriate number of officers assigned to accompany the youth on the visit, at least one of which shall be the same gender as the youth;
(2)the method of transportation and the vehicle to be used;
(3)the procedures for the use of restraint equipment;
(4)special procedures which are necessary due to the medical condition or mental health of the youth and the specific steps to be followed;
(5)the route to be followed and the itinerary for the trip; and
(6)any other special instructions concerning the visit.
(b)Prior to the deathbed or funeral visit, officers assigned to supervise such visit shall be thoroughly briefed concerning security measures and special instructions, and given all pertinent information regarding the family and circumstances surrounding the visit so that officers may employ good judgment in conducting the visit.
(c)Prior to the deathbed or funeral visit, the youth shall be thoroughly instructed regarding conduct, rules, and restrictions during the visit, and advised on the use of restraints.
(d)Officers shall escort a youth only to destinations approved by the sheriff, or sheriff’s designee, during the visit.
(e)Youth shall not be permitted to accept any food, beverages, gifts, or money from family, friends, or other members of the public during a deathbed or funeral visit.
9 NYCRR 7342.6 - Food, lavatory, and lodging stops
A matched Register action is not later than the compiled-text reference date.
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)Youth participating in deathbed or funeral visits shall be given the opportunity to eat during regular 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 facilities approved by the sheriff, or the sheriff’s designee.
(c)If it is not possible to utilize a facility, every attempt shall be made to utilize restrooms with as little public presence and access as possible.
(d)If a deathbed or funeral visit requires a youth's absence from a facility overnight, the youth shall be housed at facilities approved by the sheriff, or the sheriff’s designee.
9 NYCRR 7342.7 - Officer conduct and youth attire
A matched Register action is not later than the compiled-text reference date.
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)While accompanying a youth on a deathbed or funeral visit, officers shall be dressed in appropriate attire, conduct themselves in a professional, courteous manner toward the public and the youth, and cause as little public display as possible.
(b)Any search of the youth or use of restraints by officers during deathbed or funeral visits shall be conducted in an inconspicuous manner which minimizes public attention, unless security considerations require otherwise.
(c)At no time shall officers accept food, beverages, gifts or money from the youth's family or any other member of the public.
(d)Youth shall be permitted to wear appropriate clothing during deathbed or funeral visits.
9 NYCRR 7342.8 - Duration of visits
A matched Register action is not later than the compiled-text reference date.
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)Except as otherwise provided in subdivisions (b) and (c) of this section, and absent emergency circumstances which could cause security-related problems, youth attending deathbed visits shall be permitted to visit family members for one hour, excluding the time taken to transport the youth to and from the visit.
(b)The sheriff, or the sheriff’s designee, has the authority to limit such a visit to less than one hour or to terminate such visit if in his or her opinion the safety, security or welfare of the youth, officers, or any member of the public is at risk.
(c)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 youth, or if hospital regulations restrict the length of the visit, such visit may be denied or modified as so recommended or required.
9 NYCRR 7342.9 - Reportable incidents
A matched Register action is not later than the compiled-text reference date.
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
If a reportable incident occurs while a youth is absent from a facility due to a deathbed or funeral visit, the director shall report such incident to the commission pursuant to the requirements of Part 7322 of this Title.
9 NYCRR 7342.10 - Records
A matched Register action is not later than the compiled-text reference date.
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 written record of all requested deathbed and funeral visits, and determinations thereof, shall be maintained by each facility in a centralized location.