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9 CRR-NY 7305.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 9. EXECUTIVE DEPARTMENT

SUBTITLE AA. STATE COMMISSION OF CORRECTION

CHAPTER III. MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF SPECIALIZED SECURE JUVENILE DETENTION FACILITIES FOR OLDER YOUTH

PART 7305. ADMISSIONS AND INTAKE

9 CRR-NY 7305.4

7305.4 Contraband confiscation.

(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 CRR-NY 7305.4

Current through July 31, 2021

End of Document

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.