2023 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.