reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › 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 7360 - VARIANCES › Section 7360.2 - Conditions for applying for a variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director may apply to the Commission
				  for a variance to requirements of this Chapter when:
(1) compliance with a specific rule or
				  regulation cannot be achieved by the effective date of such rule or
				  regulation;
(2) due to a temporary
				  condition or situation, compliance with a specific rule or regulation cannot be
				  achieved; or
(3) compliance is to
				  be achieved in a manner other than that which is specified in such rule or
				  regulation.
New York Codes, Rules and Regulations › 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 7360 - VARIANCES › Section 7360.3 - Application for a variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  application to the Commission for a variance shall be made in writing by the
				  director.
(b) Such application
				  shall include:
(1) the specific rule,
				  regulation or provision that is the subject of the application;
(2) the specific reasons and facts supporting
				  the director's position that compliance with the specific rule and regulation
				  cannot be achieved; and
(3) the
				  specific plans, provisions and timetables for achieving full compliance with
				  the rule or regulation at issue, the time period for which the variance is
				  requested, and any other material that the director deems supportive of the
				  application.
New York Codes, Rules and Regulations › 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 7360 - VARIANCES › Section 7360.4 - Review of variance application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Commission shall review and, following consultation with OCFS, issue a written
				  determination to the director on each variance application which complies with
				  the requirements of this Part.
(b)
				  When a variance is granted, the Commission's determination shall specify:
(1) the time period for which the variance is
				  granted; and
(2) any special
				  requirements or conditions imposed as a condition of the variance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7401 - Preamble And Legal Authority › Section 7401.1 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
The law requires that juvenile offenders held criminally
					 responsible be committed to the custody of the commissioner of the Office and
					 Children and Family Services and be confined in a secure facility maintained in
					 accordance with Executive Law, section 508. S ecure facilities are considered
					 correctional facilities for purposes of the commission's oversight only. It is
					 acknowledged that secure facilities differ from adult correctional facilities
					 in several significant respects. These regulations provide a framework for the
					 oversight of the secure facilities and set forth a minimum standard of care to
					 ensure the health, safety and well-being of the youth in confinement in
					 compliance with constitutional requirements. It is further acknowledged that
					 the Office of Children and Family Services may, in the exercise of its
					 statutory authority pursuant to Executive Law, section
					 508, mandate adherence to good child care
					 practices based on evidence based models in the operation of its secure
					 facilities and provide strength based interventions and services to juvenile
					 offenders confined therein. This regulatory framework will guide the
					 commission's oversight within the context of a secure juvenile justice setting
					 that recognizes the unique needs of young people who are still developing
					 mentally, emotionally, and physically, and as such, have great potential for
					 positively transforming their lives with proper rehabilitative support in a
					 safe and secure environment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  provide for the effective management of secure residential populations in a
				  safe and secure environment, the Office of Children and Family Services (OCFS)
				  shall establish, implement, and maintain a formal and objective system for the
				  consistent classification of all secure facility residents.
(b) Consistent with the requirements of this
				  Part, OCFS shall develop and implement a classification system that provides a
				  mechanism for resident initial screening upon reception into OCFS, assessment
				  of the resident by the facility, and resident reassessment to identify the
				  special needs and risk, security and supervision requirements of residents in
				  order to determine an appropriate secure facility and living unit
				  assignment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definitions shall apply
					 to the terms listed below:
(a)
				  Classification shall mean the documented process of assigning residents to an
				  appropriate secure facility and living unit by determining risk, security and
				  supervision requirements, and the special needs of residents based on the
				  initial screening and assessment by the facility.
(b) Formal and objective system shall mean a
				  procedure for determining and documenting a resident's appropriate living unit
				  assignment which utilizes standard and objective criteria and
				  methods.
(c) Initial screening
				  shall mean a documented preliminary determination of a resident's risk, special
				  needs, and security and supervision requirements upon admission to
				  OCFS.
(d) Assessment by the
				  facility shall mean a documented standardized evaluation of a resident upon
				  admission to a secure facility to determine the appropriate living unit
				  assignment based on a resident's risk, security and supervision, and special
				  needs requirements.
(e) Living unit
				  assignment shall mean the documented assignment of the resident to a living
				  unit pursuant to the assessment by the facility.
(f) Resident reassessment shall mean any
				  documented review of an assessment of a resident's risk, security and
				  supervision, and special needs made subsequent to a resident's initial
				  assessment by the facility.
(g)
				  Special needs shall include, but not be limited to: a medical condition or
				  history of substance abuse, sex offenses, mental disorder or developmental
				  disabilities.
(h) Detention
				  facility shall mean any place used for the temporary confinement, pursuant to
				  an order of a court, of a person charged with being or adjudicated a juvenile
				  offender or juvenile delinquent as provided for in section 503  of the
				  Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.3 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Classification, assessment, and reassessment policies and procedures shall
				  include, but not be limited to:
(1) staff
				  responsibilities for functions relative to classification, assessment and
				  reassessment;
(2) completion of the
				  initial screening, assessment by the facility and reassessment, including, but
				  not limited to, the determination of risk, security and supervision
				  requirements and resident special needs;
(3) use of a formal screening and assessment
				  instrument and other appropriate intake forms in the classification, assessment
				  and reassessment process;
(4)
				  assessments by the facility and reassessments made subsequent to initial
				  screening for the assignment of residents to an appropriate living
				  unit;
(5) notification to the
				  resident of all living unit and program assignments based upon assessment by
				  the facility and reassessment process; and
(6) procedures governing the disclosure of
				  information contained in the resident medical and mental health records by the
				  facility medical director and/or mental health supervisory staff pursuant to
				  section
				  7402.7 
				  of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.4 - Initial screening and assessment by the facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon admission to OCFS, an initial
				  screening shall be administered to each secure facility resident in order to
				  make a preliminary determination of the resident's risk, security and
				  supervision, and special needs requirements. Such initial screening documents
				  shall be forwarded to the receiving security facility.
(b) Upon admission to a secure facility, each
				  resident shall be administered an assessment which shall consist of a facility
				  interview, visual assessment and review of the commitment documents. Such
				  assessment by the facility shall occur immediately upon a resident's
				  admission.
(c) Assessment
				  instrument(s) shall be utilized by the facility to elicit and record
				  information on each secure resident relating to the following:
(1) visible injury or injuries;
(2) medical conditions requiring immediate
				  treatment;
(3) developmental or
				  physical disabilities;
(4) history
				  of mental health treatment;
(5)
				  potential for self-injury or suicide;
(6) history of detention or confinement,
				  including, but not limited to, hostile relationships with other
				  residents;
(7) medication currently
				  being taken;
(8) present attitude,
				  appearance, and behavior;
(9)
				  history of alcohol or substance abuse;
(10) criminal charge(s) and
				  conviction(s);
(11) tattoos, body
				  piercing, and other identifiers of gang affiliation; and
(12) any other relevant information
				  concerning the safety or welfare of the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.5 - Assignment to facility living unit upon facility admission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the initial screening and
				  assessment by the facility are completed and pending determination of each
				  resident's living unit assignment, the resident shall be placed in an area
				  designated for such purpose. Placement in such unit shall be temporary pending
				  the determination of an appropriate living unit, which shall be completed
				  within three business days of each resident's admission to the secure
				  facility.
(b) In arriving at a
				  determination of each resident's living unit assignment, the facility director,
				  person acting in that capacity, or designee shall base such determination on
				  the following information, if such information is available and accessible:
(1) criminal history;
(2) propensity for victimization;
(3) medical/mental health history;
(4) history of sex offenses;
(5) history of hostile relationships with
				  other residents;
(6) prior attempts
				  at self-injury or suicide;
(7)
				  prior escapes and attempted escapes;
(8) attitude and behavior during present and
				  prior commitments, including any history of assaultive behavior during such
				  commitments; and
(9) any other
				  information which may affect the safety and security of the resident or
				  staff.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.6 - Reassessment review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  facility director, person acting in that capacity, or designee shall review or
				  revise as necessary, pursuant to the requirements of section
				  7402.5 
				  of this Part, a resident's risk, security and supervision and special needs
				  requirements when one or more of the following conditions occur:
(1) the resident is involved in a serious
				  unusual incident or exhibits other adjustment problems which threaten the
				  resident's safety or the safety, security or good order of the
				  facility;
(2) a written request,
				  including justification, is made by staff to alter or review the resident's
				  risk, security and supervision, and special needs requirements based on new
				  information or exhibited positive or negative behavior; or
(3) the facility medical director or mental
				  health supervisory staff discloses relevant information about the resident,
				  pursuant to section
				  7402.7 
				  of this Part, which has not already been considered in determining the
				  resident's risk, security and supervision, and special needs
				  requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.7 - Confidentiality and disclosure of resident medical and mental health records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each secure
				  facility shall adhere to the requirements of section
				  7410.23  of this
				  Title, article 27-F of the Public Health Law, article 33 of the Mental Hygiene
				  Law, all applicable Department of Health regulations and Part 164 of this Title
				  to ensure the confidentiality of a resident's medical, mental health, and
				  facility records.
(b) The facility
				  director of each secure facility shall make provisions for maintaining all
				  medical and mental health records in confidential files separate from other
				  residents' records at the secure facility.
(c) Except as otherwise prohibited or
				  restricted by law, the facility medical director and/or mental health
				  supervisory staff of each secure facility shall promptly disclose to the
				  facility director, person acting in that capacity or designee information
				  received concerning a resident which is or may be relevant in determining the
				  resident's risk, security and supervision and special needs requirements, or
				  may affect the life, safety, or welfare of the resident or any other person.
				  The facility director, person acting in that capacity or designee shall then
				  promptly disclose information appropriate to the staff responsible for making
				  classification, assessment, and/or reassessment decisions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7402 - Classification › Section 7402.8 - Resident classification, initial screening, assessment, and reassessment records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Determinations based upon all initial screenings, assessments by the facility,
				  and reassessments of a resident's risk, security and supervision, and special
				  needs requirements shall be made in writing and kept in the resident's
				  file.
(b) The information to be
				  retained in the resident's file shall include, but is not limited to:
(1) the date when the initial screening was
				  completed, including verification that the resident was notified of needs
				  determinations and their implications, if any;
(2) the resident's criminal
				  history;
(3) the resident's
				  security and supervision requirements;
(4) any special needs of the
				  resident;
(5) the name of staff
				  responsible for making recommendations based on assessment by the facility or
				  reassessment, and the signature of the facility director or designee making the
				  final determination;
(6) the date
				  of each facility assignment and living unit assignment based upon assessment by
				  the facility and the reassessment process; and
(7) all instruments, forms, and other
				  information used to make or record initial screening, assessments by the
				  facility, and reassessment determinations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the Office of Children and Family Services
				  (OCFS) shall develop written policies and procedures that govern admissions at
				  an OCFS secure facility. The written policies and procedures shall be reviewed
				  annually and updated as needed.
(b)
				  Consistent with the requirements of this Part, OCFS shall develop policies and
				  procedures to require that all residents are admitted to OCFS secure facilities
				  in accordance with law and in a manner which protects the safety of all persons
				  and the security of the facility.
(c) Only residents lawfully committed to,
				  placed in or transferred to an OCFS secure facility shall be admitted to such
				  facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.2 - Authority for admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prior to the admission of any resident, facility staff performing admission
				  functions shall examine the court order or other documents which serve as the
				  authority for such admission. Residents shall be admitted to a facility only
				  when an examination of resident identification and documentation confirms that
				  a resident's identity corresponds with any information accompanying such order
				  or document.
(b) The facility
				  director, or person acting in that capacity, shall designate facility staff
				  members to be responsible for admitting residents in accordance with the
				  requirements of this Part.
(c)
				  Persons delivering a resident to an OCFS secure facility shall present
				  identification as required by OCFS.
(d) The admissions process shall include the
				  recording of:
(1) the name of the resident
				  admitted;
(2) the itemization of
				  all documents and property received with the resident;
(3) the date and time of admission;
				  and
(4) the name, title/rank, badge
				  number (if appropriate) and authority of the delivering agent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.3 - Identification/documentation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this section, identification procedures, including
				  fingerprinting, shall be established for residents of OCFS secure
				  facilities.
(b) All resident
				  fingerprints shall be taken in accordance with the rules and methods prescribed
				  by the New York State Division of Criminal Justice Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.4 - Searches

Current through Register Vol. 46, No. 28, July 10, 2024
Upon admission to an OCFS secure facility, a search shall
					 be conducted to verify that no resident is in possession of contraband. A
					 search shall include, but is not limited to, a strip search. When lawful and
					 warranted, a body cavity search may be conducted pursuant to OCFS
					 regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.5 - Property confiscation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Facility staff shall confiscate all contraband and disallowed items from
				  residents admitted to the facility pursuant to Part 7404 of this
				  Title.
(b) All resident property
				  confiscated by facility staff shall be inventoried and recorded in writing.
				  Such inventory shall include:
(1) the name of
				  the resident;
(2) an itemization of
				  each personal property item confiscated with an accurate description of such
				  item;
(3) the date of the
				  confiscation; and
(4) the printed
				  name and signature of staff completing the inventory.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.6 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility
				  shall record and maintain information concerning each resident admitted to an
				  OCFS secure facility.
(b) A record
				  shall be made of the name, address, telephone number, and relationship to the
				  resident of a parent, legal guardian, or spouse to be notified in case of the
				  death, serious illness, or other serious incident involving the
				  resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.7 - Health screening

Current through Register Vol. 46, No. 28, July 10, 2024
A health screening shall be administered by facility staff
					 upon admission or prior to the placement of a resident in a facility housing
					 unit, pursuant to section
					 7410.9(a)(1) 
					 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.8 - Personal hygiene and clothing issue

Current through Register Vol. 46, No. 28, July 10, 2024
Upon admission, all residents shall be provided with
					 personal hygiene items and clothing as required by Part 7419 of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.9 - Admission telephone call

Current through Register Vol. 46, No. 28, July 10, 2024
A resident shall be permitted to complete a telephone call
					 to their legal guardian, parent or spouse at facility expense within 24 hours
					 of admission. Upon admission, a resident shall be informed of their right to
					 complete a telephone call.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7403 - Admissions › Section 7403.10 - Orientation to facility rules and information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon admission, each facility shall
				  provide to all residents an orientation to services, a written copy of facility
				  rules of conduct and disciplinary procedures. In addition, each facility shall
				  make available other pertinent written information which shall include, but is
				  not limited to, the following:
(1) available
				  health services and procedures for access;
(2) procedures for the use of the
				  telephone;
(3) available exercise,
				  recreation, and leisure activities;
(4) information on any available facility
				  programming, including, but not limited to:
(i) educational programs;
(ii) counseling programs;
(iii) vocational programs; and
(iv) work programs;
(5) commissary operations (if
				  available);
(6) daily program
				  schedule;
(7) information on the
				  behavior management system;
(8)
				  package procedures;
(9)
				  correspondence procedures;
(10)
				  visitation procedures and schedules;
(11) religious services schedules;
(12) grievance procedures;
(13) the availability of an
				  ombudsman;
(14) an explanation of
				  the oversight authority of the State Commission of Correction;
(15) the availability of the minimum
				  standards of the State Commission of Correction chapter that pertains to OCFS
				  secure facilities; and
(16) any
				  additional information the facility director or person acting in that capacity
				  deems necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of Children and Family Services (OCFS) shall
					 operate each secure facility in a manner that provides for adequate supervision
					 of residents and for a safe and secure environment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definitions shall apply
					 to the terms listed below:
(a)
				  Security post shall mean a workstation/area established for the purpose of
				  observing, supervising, and managing residents in a secure facility and shall
				  be occupied by youth division aides or youth counselors, as defined in Part
				  7433 of this Title.
(b) Supervisory
				  visit shall mean:
(1) a personal visual
				  observation of each resident by facility staff responsible for the care and
				  custody of such residents to monitor their presence and conduct; and
(2) a personal visual inspection of all areas
				  in each occupied individual occupancy unit by staff responsible for the care
				  and custody of residents to maintain the safety, security, and good order of
				  the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.3 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, OCFS shall develop written
				  policies and procedures that govern security and supervision for each secure
				  facility. Such policies and procedures shall include, but not be limited to:
(1) supervision of residents in facility
				  living areas;
(2) supervision of
				  residents outside facility living areas;
(3) records of supervision;
(4) requirements of staff prior to assuming
				  responsibilities in an assigned facility area;
(5) contraband;
(6) use of physical force and mechanical
				  restraints;
(7) resident population
				  counts;
(8) transport of
				  residents;
(9) firearms
				  control;
(10) key
				  control;
(11) locks and other
				  security devices;
(12) tool and
				  equipment control; and
(13)
				  perimeter control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.4 - Supervision of residents in facility living areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Active supervision shall be maintained in
				  any secure facility living area when any resident is confined in such area but
				  not secured in an individual unit.
(b) General supervision shall be maintained
				  whenever a resident is secured in an individual occupancy unit. For the
				  duration of such general supervision, mechanical or electrical time recording
				  devices shall be used to record the performance of supervisory visits conducted
				  pursuant to the requirements of this section.
(c) The records resulting from the use of
				  mechanical or electrical time recording devices shall be retained within the
				  facility and reviewed weekly by the facility director or designee.
(d) The facility director, designated
				  administrator or the facility physician shall determine whether a resident
				  requires additional supervision based on the resident's condition, illness or
				  injury, and the facility director or designated administrator shall order such
				  supervision if warranted. Additional supervision may include more frequent
				  supervisory visits, active supervision when only general supervision is
				  required, or constant supervision. Such determination shall be documented and
				  include, but not be limited to, the following information:
(1) the reasons underlying such
				  determination;
(2) orders made
				  requiring such additional supervision, including the dates and times when the
				  supervision is to be initiated and concluded;
(3) the name(s) of the individual(s) making
				  such determination and/or ordering the supervision; and
(4) periodic facility staff observations of
				  the resident's condition and behavior.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.5 - Supervision of residents outside facility living areas

Current through Register Vol. 46, No. 28, July 10, 2024
Active supervision shall be maintained whenever residents
					 are participating in activities outside their facility living
					 areas.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.6 - Records of supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  written records pertaining to facility living area supervision required in this
				  section shall be recorded legibly in ink, in a bound ledger of consecutively
				  numbered pages, and shall be maintained for each living area. Such records
				  shall include, but not be limited to, the following information:
(1) the name or designation of the living
				  area for which the supervision is being maintained;
(2) the name(s) of staff conducting the
				  supervision;
(3) where a security
				  post is not located within a living area pursuant to section
				  7404.2(c)(1) 
				  of this Part, each supervisory visit conducted in the course of providing
				  active supervision shall be entered in the living area logbook at the times
				  such visits are made;
(4) the date
				  and time when general supervision is initiated and concluded; and
(5) any significant events or activities
				  occurring during supervision, including, but not limited to:
(i) the date and time of such event or
				  activity;
(ii) the names of all
				  residents and staff involved;
(iii)
				  staff response to such event or activity if applicable, including a summary of
				  what occurred; and
(iv) a
				  description of any change in the physical or mental condition of any resident
				  involved in such event or activity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.7 - Requirements of staff prior to assuming responsibilities in an assigned facility area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  assuming responsibilities in an assigned secure facility area, each staff shall
				  review the log entries maintained pursuant to section
				  7404.6  of
				  this Part.
(b) Upon assuming
				  responsibilities in an assigned secure facility area, an assigned staff shall
				  perform the following:
(1) conduct an actual
				  count of the residents assigned to the staff's area of responsibility and
				  record such results in a logbook;
(2) obtain and count all necessary keys for
				  the assigned area in accordance with the provisions of section
				  7404.13  of this
				  Part;
(3) inspect all supplies,
				  equipment, locks, doors, screens, security windows, and other securing
				  devices;
(4) perform any other
				  necessary security functions as determined by the facility director or person
				  acting in that capacity; and
(5)
				  make a log entry documenting activities required by this section and initial
				  such records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.8 - Contraband

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall
				  conduct facility and resident searches solely to inspect for contraband and/or
				  to recover missing or stolen items.
(b) The disposition of contraband shall be in
				  accordance with Part 7403 of this Title.
(c) Nothing in this section shall limit or
				  restrict OCFS from using electronic devices during the search of residents,
				  visitors, facilities, and/or secure grounds.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.9 - Use of physical force and mechanical restraints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use of physical force and restraints
				  by staff shall be reasonable under the circumstances and in accordance with
				  applicable law.
(b) Neither
				  physical force nor mechanical restraints shall be used for purposes of
				  discipline, punishment, or for the convenience of staff.
(c) All staff and residents involved in a use
				  of force incident shall thereafter be evaluated by licensed health care
				  professionals and shall receive medical treatment if warranted.
(d) All use of force incidents shall be
				  immediately entered into the appropriate logbook(s) and shall be fully
				  documented within 24 hours of the incident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.10 - Formal resident population counts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Formal resident population counts shall:
(1) be conducted at least once during each
				  regularly scheduled shift throughout the course of a 24 hour period;
				  and
(2) include an accounting of
				  all residents housed in or otherwise assigned to the facility area in which
				  such count is conducted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.11 - Transport of residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Active supervision of residents shall be provided by OCFS staff during
				  transport.
(b) Prior to beginning
				  such transport, staff responsible for the transport of residents shall obtain:
(1) all necessary documents or other
				  authorizations; and
(2) any other
				  information relative to such transport.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.12 - Firearms control

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Neither firearms nor ammunition shall be permitted within the secure area of
				  any secure facility.
(b) All
				  persons in possession of any firearm or ammunition shall be required to deposit
				  such items in an individual secure depository prior to entering the secure area
				  of any secure facility. Any firearm or ammunition deposited pursuant to this
				  subdivision shall be maintained in a safe and secure manner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.13 - Key control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  persons in possession of keys used in a secure facility shall maintain the keys
				  in a secure manner. All keys not in the possession of a person shall be
				  maintained in a secure area of the facility.
(b) The facility director or person acting in
				  that capacity shall require that a duplicate of every key used in a secure
				  facility is maintained. Such duplicate keys shall be maintained in a secure
				  area and shall be readily accessible when needed. Inventory of the duplicate
				  keys shall be completed annually, and the inventory documentation shall be
				  retained at the facility.
(c) A
				  written record shall be maintained with respect to the control and issuance of
				  keys and shall include the:
(1) name of staff
				  issued keys;
(2) date and time of
				  issuance of the keys; and
(3) date
				  and time the keys were returned.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.14 - Locks and other security devices

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notwithstanding the requirements of section
				  7404.7 
				  of this Part, OCFS shall require that all locks and other securing devices
				  including, but not limited to, bars, security windows, screens, and outside
				  perimeter fencing are inspected at least weekly to confirm that such locks and
				  other securing devices are in proper working order at each secure
				  facility.
(b) Written records of
				  such inspections shall be maintained at the facility, and shall include:
(1) the name of the staff performing the
				  inspection;
(2) the date of
				  inspection;
(3) the condition of
				  the locks and other securing devices; and
(4) the action taken to correct any
				  deficiencies in the locks and other securing devices.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.15 - Tool and equipment control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall require that each secure
				  facility implement and maintain a system to provide for the control, tracking
				  and storage of tools, culinary equipment and medical equipment.
(b) Written records of such system shall be
				  maintained and shall include:
(1) the name of
				  the staff monitoring compliance;
(2) the date of monitoring;
(3) the condition of the tools, culinary
				  equipment and medical equipment; and
(4) action taken to repair or replace any
				  tools, culinary equipment and medical equipment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7404 - Security And Supervision › Section 7404.16 - Perimeter control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS
				  shall require all secure facilities to conduct a formal security visual
				  inspection of each facility's external perimeter security. Such inspection
				  shall be conducted at least once during the regularly scheduled shift and shall
				  include, but not be limited to:
(1) the
				  integrity of all perimeter fencing, including entrances and exits;
(2) locking mechanisms on all entrances and
				  exits to the facility;
(3)
				  perimeter lighting fixtures;
(4)
				  any free standing buildings adjacent to the facility; and
(5) any windows throughout the exterior of
				  the building.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  promote the safety, security, and good order of all secure facilities, the
				  Office of Children and Family Services (OCFS) shall establish and maintain a
				  fair, impartial and consistent system of resident discipline designed to set
				  standards of appropriate behavior and encourage self control.
(b) Consistent with the requirements of this
				  Part, OCFS shall develop written policies and procedures regarding a
				  disciplinary system for secure facilities. These policies and procedures shall
				  be reviewed annually and updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.2 - Rules of resident conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS
				  shall develop and list written rules of conduct governing resident
				  behavior.
(b) The rules of resident
				  conduct shall include, but not be limited to:
(1) all chargeable rule violations;
(2) the range of penalties that may be
				  imposed for each violation, consistent with the seriousness of the prohibited
				  conduct; and
(3) a detailed
				  description of the facility's disciplinary procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.3 - Rule violation reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				  any secure staff have a reasonable belief that a resident has committed an
				  offense that constitutes a violation of the facility's rules of resident
				  conduct, such staff shall prepare a written rule violation report.
(b) Each rule violation report shall include,
				  but not be limited to:
(1) the name(s) of the
				  resident(s) charged with the misconduct;
(2) the date, time, and place of
				  occurrence;
(3) a description of
				  the incident or behavior involved and the rule(s) allegedly violated;
(4) the date and time the report is written;
				  and
(5) the reporting staff's
				  printed name and signature.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.4 - Investigative processes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  investigation into the facts and circumstances of the incident shall be
				  initiated if the facility director or designee determines that the
				  circumstances warrant such an investigation.
(b) In those cases where an investigation is
				  deemed necessary, the investigation shall be conducted by a person who was not
				  involved in the incident, and a completed report shall be provided to the
				  hearing officer prior to any hearing based on the incident
				  investigated.