New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 201 - Visitation › Section 201.2 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Visitors.
(1) First-time visitors. First-time visitors
				will be allowed to visit if proper identification is presented and if the
				inmate to be visited agrees to the visit.
(2) Visitor record. A record of visitors for
				each inmate and a record of each visit will be maintained. The department
				visitor record will be updated as visitors register and are processed to visit
				inmates. This record will be updated by security staff in the area where
				visitors are processed.
(3)
				Cross-visiting. Cross-visiting is the participation of two inmates in a visit
				with one or more visitors. Cross-visiting is permitted with the approval of the
				superintendent and, in the case of immediate family members, is to be
				encouraged.
(i) Inmates wishing to
				cross-visit must submit requests to their respective counselors at least one
				month prior to the proposed visit.
(ii) Only persons who are on both inmates'
				visiting lists may participate in cross-visits.
(iii) Cross-visiting may be limited when
				necessary in order to accommodate all visitors.
(iv) Small children may play with each other
				with the permission of their families provided that they are not
				disruptive.
(v) When a cross-visit
				is taking place, the two inmates may participate in a common
				photograph.
(4) Visitors
				under 18 years of age.
(i) All minors must be
				escorted by an adult approved to visit or an adult in an official capacity with
				proper identification and the approval of the superintendent, or his or her
				designee, except as otherwise provided in subparagraphs (ii) through (vi) of
				this paragraph. Such adult will be responsible for the behavior and conduct of
				the minor while on facility property and for identification of the
				minor.
(ii) Unmarried minors under
				18 years of age, who are not accompanied by their parent or guardian, must have
				prior written permission from their parent or guardian to visit an inmate. The
				written permission may be mailed to the facility in advance or presented by the
				accompanying adult at the time of the visit. The written permission must be
				signed before a witness and contain a telephone number of both the parent or
				guardian and the witness to permit staff to verify the permission at the time
				of the visit.
(iii) Children of
				inmates will be allowed to visit without prior written permission as long as no
				court order prohibiting such visiting is on file with the facility.
(iv) Allowance will be made for inmates'
				children 16 years of age and older to be admitted without escort.
(v) Married persons under 18 years of age who
				are related to an inmate do not need the permission of a parent, guardian, or
				an adult escort in order to visit an inmate; however, proof of age and marriage
				will be required.
(vi) Special
				arrangements approved by the superintendent of the facility may be made for
				groups of children to be brought to the facility by an adult approved to visit
				(e.g., Children's Center Program at Bedford Hills).
(5) Persons under probation or parole
				supervision will be allowed to visit an inmate only with the prior permission
				of the superintendent and the written permission of the person's probation or
				parole officer.
(6) An inmate
				released from any facility through the department's temporary release program
				will be allowed to visit another correctional facility only with the prior
				permission of both the superintendent of the facility from which the inmate is
				temporarily released and the superintendent of the facility which the inmate
				wishes to visit.
(7) Pending or
				past criminal proceedings, ex-inmate status, or a person's status as a former
				employee, contractor or volunteer, shall not solely disqualify such person from
				visiting an inmate in a correctional facility, except as provided herein.
(i) The superintendent of a facility may deny
				visiting privileges to such person by indicating in writing with specific
				reasons if he or she determines that the visitor's presence poses a threat to
				the security and good order of the facility. Criteria to be considered shall
				include: the purpose of the proposed visit; the institutional adjustment of an
				ex-inmate; the nature of a pending criminal proceeding against the visitor or
				inmate; the time frame between release and the proposed visit; the
				circumstances of separation from service of any prior employee, contractor or
				volunteer; and any other articulable factors the superintendent identifies,
				particularized to the visitor, the inmate and/or a facility or staff member,
				that establishes or tends to establish that such visitor may pose a
				threat.
(ii) Pending criminal
				charges related to conduct at a correctional facility or involving an inmate
				shall disqualify a person from visiting any department facility until the
				charges are resolved (e.g., promoting prison contraband).
(8) If an inmate is in a facility hospital or
				outside hospital, the inmate may be visited for limited periods of time by
				persons on his visitor list, an attorney, or his duly authorized
				representative, or visiting clergy. Such visits shall be subject to the
				approval of the superintendent, the facility's health services director or the
				inmate's doctor, and the visiting rules of the hospital.