New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 200 - Entrance To A Correctional Facility › Section 200.2 - Search

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All persons
				entering a correctional facility are subject to search as a condition of
				entering a facility. All visitors, except for visitors to a correctional camp,
				shall pass through a walk through metal detector and/or be scanned with a hand
				scanner. Any visitor who exercises his or her option to refuse to comply with
				the required search procedures shall not be permitted to enter a correctional
				facility. Facility employees may be subject to search if, and when, required by
				the superintendent or his or her designee.
Note: The superintendent may make exceptions to the search
				  requirements for department officials or other dignitaries.
(b) Notices will be posted at public
				entrances to a facility, in English and Spanish, providing that all visitors
				are subject to search as a condition of visitation.
(c) A detailed definition of contraband (see
				section
				200.3 
				of this Part) shall be posted in the visitor processing area and made available
				to a visitor upon request.
(d)
				Metal detectors.
(1) Calibration and testing.
				All hand scanners and metal detectors shall be calibrated to meet the criteria
				established and approved by the deputy commissioner for correctional
				facilities.
(2) Metal detector
				searches.
(i) Each visitor shall remove all
				metal items from clothing prior to monitoring. Jewelry (e.g., watches, chains,
				medals, etc.) which is normally concealed and which register an alarm will be
				removed. Other jewelry (e.g., rings, pins, earring, etc.) which is normally not
				concealed and which can be located by hand scanner, need not be
				removed.
(ii) Items that are
				removed from visitors passing through the detector will be placed in a
				container out of reach of the visitor where the items can be observed and
				checked by staff.
(iii) Staff shall
				thoroughly search handbags, briefcases, and other containers. Inspection of
				handbags, briefcases, and other containers in the possession of an attorney or
				duly approved legal representative prior to an approved legal visit shall be
				limited to cursory examination for contraband. Written materials shall be
				inspected, as unobtrusively as possible, to verify that the materials do not
				contain contraband.
(iv) Staff
				shall check and approve all items before returning them to the visitor and the
				items will be returned only after the visitor has successfully passed through
				the metal detector.
(v) If there is
				any difficulty clearing a person by use of the walk-through metal detector,
				staff shall use the hand scanner to locate the problem area.
Note: If items such as belt buckles, jewelry, metal buttons,
				  etc. are probable causes of registering an alarm, the use of the hand scanner
				  will usually identify the object in question. The hand scanner should be held
				  approximately 1/2 inch away from the area being searched. Care should be taken
				  by staff to ensure that the hand scanner does not make physical contact with
				  the individual being processed. When the hand scanner indicates the presence of
				  metal, which is concealed under clothing, the visitor shall reveal (if
				  appropriate) the object in question thereby establishing that the item revealed
				  caused the alarm or, if necessary, the visitor shall remove the item for
				  inspection.
(vi) If, prior
				to an approved legal visit, an attorney or duly approved legal representative
				is unable to clear the metal detection process, staff shall contact the
				superintendent or designee for further direction.
(3) If the visitor is unable to reveal or
				remove the detected object due to its personal nature, processing shall
				continue as follows: The visitor shall be provided with a document explaining
				that they have the right to leave the facility or they can pursue one of two
				search options:
(i) A limited visual search
				to be conducted in a private area where an officer or staff member of the same
				sex will visually inspect the area in question by having the visitor lift any
				articles of clothing or under garments to satisfy staff that no contraband is
				secreted on the visitor's person in the area in question. Should a staff member
				of the same sex not be available, a personal item search as set forth in
				subparagraph (ii) of this paragraph shall be utilized.
Note: When the limited visual search procedure is utilized,
				  staff must obtain a signed "Notice of Consent to Search" form from the visitor
				  and an unusual incident report must be filed in accordance with departmental
				  directive No. 4004, "Unusual Incident Report."
(ii) A personal item search may be conducted
				as an alternative to a limited visual search.
(a) The visitor shall be provided a private
				area or other room that provides personal privacy to remove items of a personal
				nature including braces, underwire bras, etc.; a paper bag in which to place
				any personal items they have removed; and an opportunity to use a large mess
				hall style white shirt as an outer covering during reprocessing procedures.
				(The facility shall have at least two x-large and two xx-large mess hall style
				shirts available. The facility must specifically advise any female visitor who
				may be required to remove an underwire bra of the availability of these shirts
				to wear as an outer garment during reprocessing procedures.)
Note: A visitor shall not be routinely required to remove
				  religious headwear during search procedures. However, if staff determines
				  following the use of the hand scanner that removal of the headwear or any other
				  item of religious apparel is necessary, the item shall be removed in a private
				  area in the presence of a security staff member of the same sex, if one is on
				  duty. If no security staff member of the same sex is on duty, a non-uniformed
				  staff member of the same sex shall be used. The staff member of the same sex
				  shall conduct a hand scanner search and visual inspection of both the visitor
				  and the removed item in a private area. If there is no staff member of the same
				  sex on duty, and the visitor still refuses or cannot remove the item due to its
				  personal nature in the visitor processing area, the visit will be
				  denied.
(b) Once the
				detected item is removed and placed in the paper bag, staff shall reprocess the
				visitor via a hand scanner or walk-through metal detector and both the bag and
				it's contents shall be discreetly inspected for contraband. All visitors must
				be dressed in appropriate attire, as outlined in section
				201.3  of this Title,
				when not within the private area. Once the visitor has cleared the detector,
				the personal items shall be returned and a private area made available for
				redressing. The outer covering shirt shall be returned to a security staff
				member.
(c) Whenever possible, the
				private area used to disrobe shall not be the same area that is used for
				redressing. Any private area shall be out of sight of the inmate population. If
				separate areas are not available, staff must search the area before the visitor
				enters to redress.
(4) Contact between processed and unprocessed
				visitors shall be prevented.
(5) If
				staff is unable to locate the source of the problem with the hand scanner or
				believes that there is probable cause for further processing, he/she shall
				follow the strip search procedures as set forth in subdivision (f) of this
				section, even if the visitor offers to voluntarily remove items of clothing
				other than coat, hat, or shoes.