9 CRR-NY 167-2.8NY-CRR
9 CRR-NY 167-2.8
9 CRR-NY 167-2.8
167-2.8 Recordkeeping.
(a) All searches.
If contraband is found as a result of a search, an unusual incident report shall be generated which shall state the circumstances of the search and identify the contraband seized. The deputy director of residential services shall notify the division's deputy inspector general of the discovery of contraband.
(b) All searches of persons based upon reasonable suspicion.
(1) All searches of persons based upon reasonable suspicion shall be recorded. Such record shall include:
(i) the name and title of the person subject to search;
(ii) the date and time of the search;
(iii) the information used to determine that reasonable suspicion exists;
(iv) the name of the facility director ordering the search;
(v) the date and time of the facility director's order to conduct the search;
(vi) the name and title of all persons conducting and supervising the search;
(vii) the name and title of all witnesses present at the search;
(viii) the results of the search, including a list of contraband items found or a statement that no contraband items were found; and
(ix) the disposition of contraband items.
(2) A copy of this strip search or reasonable suspicion pat/frisk search statement shall be provided to the person searched and, if an employee so requests, the union representative, within one working day of the date of the request. A copy of this statement shall be sent by the facility director to the deputy director of residential services within one working day of the date of the search.
9 CRR-NY 167-2.8
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.