9 NYCRR Part 7634 - Executive Department

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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 7634.1 - Policy

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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 when 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 7634.2 - Authorized chemical agents

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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 only chemical agents which shall be stored or used in a correctional facility shall be chloroacetophenone (CN) and ortho chlorobenzalmalonitrile (CS).

(b)Chemical agents shall be administered only by the use of department-approved grenades, projectiles, aerosols, fogging and dusting devices.

(c)Devices such as tear gas billies, pens or other small caliber devices of similar design shall be strictly prohibited.

9 NYCRR 7634.3 - Authorization for the use of chemical agents

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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)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 each facility. Except as otherwise provided in subdivision (c) of this section, only facility staff at or above the rank of lieutenant or in the position of watch commander who have been trained in the use of chemical agents shall have the authority to order the use of such agents.

(c)In extreme 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 have the authority to use chemical agents without authorization pursuant to the requirements of subdivision (b) of this section.

9 NYCRR 7634.4 - Use of chemical agents

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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)Chemical agents shall not be used as a means of punishment.

(b)The use of any chemical agent shall be supervised by a staff person at the rank of sergeant or above who have been trained in the use of chemical agents, except in extreme 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 extreme 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.

(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 use 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 7634.5 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 use of such agents is not intended.

(i)In all cases of exposure to any chemical agent, facility health services staff shall examine and treat all persons exposed to such chemical agents as soon as possible.

(j)All facility health services staff shall be properly trained in the treatment of persons exposed to chemical agents.

(k)Appropriate decontamination of persons and area cleanup procedures shall be completed as soon as possible after the use of any chemical agent.

(l)No chemical-agent munitions or devices shall be used after they have passed the predetermined expiration date established by the manufacturer.

9 NYCRR 7634.5 - Training in the use of chemical agents

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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)All facility staff who have the authority to order the use of chemical agents pursuant to section 7634.3 of this Part, supervise such use pursuant to section 7634.4(b) of this Part, and use such agents, shall have successfully completed a chemical agents training program developed by the department.

(b)Such training program shall incorporate accepted practices in the use of chemical agents and shall be submitted to the Commission of Correction for approval before delivery to department staff.

(c)All facility staff who have the authority to order the use of chemical agents pursuant to section 7634.3 of this Part, supervise such use pursuant to section 7634.4(b) of this Part, and use such agents, shall also receive additional annual in-service training to ensure continued proficiency in chemical agent issues.

9 NYCRR 7634.6 - Storage and maintenance of chemical agents

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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)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)Quarterly inspections of all such equipment, munitions or devices shall be conducted.

(c)A written record of all such inspections shall be maintained.

(d)Munitions and devices which have passed their predetermined expiration date shall be stored separately from the usable stock.

(e)Such munitions and devices shall be disposed of in compliance with aaccepted practices or used for training purposes only.

9 NYCRR 7634.7 - Recording the use of chemical agents

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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)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 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 in accordance with the provisions of section 7634.4(d) of this Part and any treatment provided; and

(11)any adverse physical reactions of any person(s) to the use of the agent.

9 NYCRR 7634.8 - Earlier source heading: [Repealed]

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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.

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