NY Corr L § 120 (2021)
2021 New York Laws COR - Correction Article 6 - Management of Correctional Facilities 120 - Custody and Supervision of Persons in Correctional Facilities.

§  120. Custody and supervision of persons in correctional facilities.   1.   Except as provided in subdivisions two,  three  and  four  of  this   section,  the duty of maintaining the custody and supervision of persons   detained  or  confined  in  a  correctional  facility  as   defined   in   subdivision  four  of  section  two  of  this  chapter, including a drug   treatment campus as defined in subdivision twenty of section two of this   chapter, or a local correctional  facility  as  defined  in  subdivision   sixteen  of  section  two  of  this chapter shall be performed solely by   police officers designated in paragraph (a), (b), (c),  (d),  (e),  (g),   (j)  or  (m)  of subdivision thirty-four of section 1.20 of the criminal   procedure law or peace officers designated in subdivision twenty-five of   section 2.10 of the  criminal  procedure  law,  which  persons,  whether   employed   full-time   or   part-time,  shall  be  in  the  competitive,   non-competitive or exempt class of the civil service of New  York  state   as  determined  by  state  law or by the state or applicable local civil   service commission.2. Nothing in this section shall limit in any way the authority of the   commissioner, or any county or the city of New York, to enter  into  any   contract  authorized  by  subdivision  eighteen  of section two, section   seventy-two-a,  section  seventy-three,  section  ninety-five,   article   five-A   or  article  twenty-six  of  this  chapter,  or  to  limit  the   responsibility  of  the  department   of   corrections   and   community   supervision to supervise incarcerated individuals or persons released to   community supervision while away from an institution pursuant to section   seventy-two-a,  section  seventy-three  or  article  twenty-six  of this   chapter or while confined at a  drug  treatment  campus  as  defined  in   subdivision twenty of section two of this chapter.3. Subdivision one of this section shall be inapplicable to any person   who  is  or  may  be  employed  in a correctional facility as defined in   subdivision four of section two of this chapter or a local  correctional   facility  as  defined  in  subdivision  sixteen  of  section two of this   chapter or who contracts or may contract to provide services at  such  a   correctional  facility,  who,  in  either  case, is (a) not a correction   officer or deputy sheriff, and (b) does not have, as their  primary  job   responsibility,  the  duty  of  maintaining  the  supervision of persons   detained or confined in a correctional facility but  who  provides  such   supervision  as  a  secondary,  ancillary  or  incidental  part of their   primary employment responsibilities. An employee who meets the  criteria   provided  by paragraphs (a) and (b) of this subdivision may include, but   not be limited to, food service, janitorial or maintenance staff of such   a correctional facility or persons who provide  health  care,  substance   abuse   treatment,  counseling,  religious,  educational  or  vocational   services at such a correctional facility.4. Nothing in this section shall  preclude  an  elected  or  appointed   sheriff,  the  commissioner  of  correction of the city of New York, the   commissioner of the Westchester county department of correction, or  any   other  municipal  official in the unclassified service, as determined by   state law or by the state or applicable local civil service  commission,   from  maintaining  the  custody  and  supervision of persons detained or   confined in a local correctional  facility  as  defined  in  subdivision   sixteen of section two of this chapter. Provided further that nothing in   this  section  shall  be  construed  to  limit  or  affect  the existing   authority of the mayor of the city of New York and the  commissioner  of   the  department  of  correction  of  the  city  of  New  York to appoint   non-uniformed persons whose  duties  include  overall  security  of  the   department  of  correction  of  the  city  of  New  York to positions of   authority.