reglab/statecodes huggingface dataset:
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 7435 - Deathbed And Funeral Visits › Section 7435.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents in
				  secure facilities operated by the Office of Children and Family Services (OCFS)
				  shall be permitted to visit family members when the death of a family member is
				  imminent or after death has occurred, subject to the provisions of this
				  Part.
(b) Consistent with the
				  requirements of this Part, OCFS shall develop written policies and procedures
				  that govern deathbed and funeral visits. 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 7435 - Deathbed And Funeral Visits › Section 7435.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term funeral visit shall mean
					 resident attendance at one of the following, at the discretion of the Deputy
					 Commissioner of Rehabilitation Services or designee:
(a) a place of worship, a licensed funeral
				  home, or other appropriate memorial service; or
(b) as a rare exception, an interment held at
				  the gravesite, only when the resident is unable to pay final respects as
				  specified in subdivision (a) of this section.
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 7435 - Deathbed And Funeral Visits › Section 7435.3 - Legal requirements and eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the discretion of the Deputy
				  Commissioner of Rehabilitative Services or designee, when the death of a
				  resident's mother, father, legal guardian, brother, sister, spouse, child,
				  grandparent, ancestral uncle or ancestral aunt is imminent, the resident shall
				  be permitted to visit or make a funeral visit of such individual.
(b) Such visits shall be permitted only
				  within New York State.
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 7435 - Deathbed And Funeral Visits › Section 7435.4 - Assessment and processing of visit requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall implement a procedure for the
				  expeditious review, assessment and approval of requests made by the resident,
				  or other person, that the resident be permitted to visit the deathbed of, or
				  make a funeral visit to, a designated family member.
(b) Deathbed visits may only take place at
				  recognized health care facilities. Deathbed or funeral visits shall not be
				  permitted in private homes.
(c)
				  Prior to approving any such request, the facility director, or person acting in
				  that capacity, shall verify:
(1) that the
				  person to be visited is one of the persons specified in section
				  7435.3 
				  of this Part;
(2) that the claim of
				  imminent death is legitimate; and
(3) that the resident wishes to have such a
				  visit, if the request was made by someone other than 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 7435 - Deathbed And Funeral Visits › Section 7435.5 - Security and supervision requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A resident shall be under constant
				  supervision at all times during their absence from a secure facility due to a
				  deathbed or funeral visit. The facility director, or person acting in that
				  capacity, shall determine:
(1) the
				  appropriate number of staff assigned to accompany the resident on the visit, at
				  least one of which shall be the same gender as the resident;
(2) the method of transportation and the
				  vehicle to be used;
(3) the
				  procedures for the use of restraint equipment;
(4) special procedures which are necessary
				  due to the medical condition or mental health of the resident and the specific
				  steps to be followed;
(5) the route
				  to be followed and the itinerary for the trip; and
(6) any other special instructions concerning
				  the visit.
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 7435 - Deathbed And Funeral Visits › Section 7435.6 - Food, lavatory, and lodging stops

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents participating in deathbed or
				  funeral visits shall be given the opportunity to eat during regular meal
				  times.
(b) Lavatory stops shall be
				  made only as the need arises and as security permits. Whenever possible, such
				  stops shall be made at facilities approved by OCFS.
(c) If it is not possible to utilize a secure
				  facility, every attempt shall be made to utilize facilities with as little
				  public presence and access as possible.
(d) If a deathbed or funeral visit requires a
				  resident's absence from a secure facility overnight, the resident shall be
				  housed at facilities approved by OCFS.
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 7435 - Deathbed And Funeral Visits › Section 7435.7 - Staff conduct and resident attire

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  While accompanying a resident on a deathbed or funeral visit, staff shall be
				  dressed in appropriate attire, conduct themselves in a professional, courteous
				  manner toward the public and the resident, and cause as little public display
				  as possible.
(b) Any search of the
				  resident or use of restraints by staff during deathbed or funeral visits shall
				  be conducted in an inconspicuous manner which minimizes public attention,
				  unless security considerations require otherwise.
(c) At no time shall staff accept food,
				  beverages, gifts or money from the resident's family or any other member of the
				  public.
(d) Residents shall be
				  permitted to wear appropriate clothing during deathbed or funeral
				  visits.
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 7435 - Deathbed And Funeral Visits › Section 7435.8 - Duration of visits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except as otherwise provided in subdivisions (c) and (d) of this section and
				  absent emergency circumstances which could cause security-related problems,
				  residents attending deathbed visits shall be permitted to visit family members
				  for one hour, excluding the time taken to transport the resident to and from
				  the visit.
(b) The facility
				  director, or designee, has the authority to limit such a visit to less than one
				  hour or to terminate such visit if in his or her opinion the safety, security
				  or welfare of the resident, staff, or any member of the public is at
				  risk.
(c) If a determination is
				  made by the attending physician or other health services staff that a deathbed
				  visit would jeopardize the health of the ill family member or the resident, or
				  if hospital regulations restrict the length of the visit, such visit may be
				  denied or modified as so recommended or required.
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 7435 - Deathbed And Funeral Visits › Section 7435.9 - Reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
If a reportable incident occurs while a resident is absent
					 from a secure facility due to a deathbed or funeral visit, OCFS shall report
					 such incident to the State Commission of Correction (the commission) pursuant
					 to the requirements of Part 7406 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 7435 - Deathbed And Funeral Visits › Section 7435.10 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
A written record of all requested deathbed and funeral
					 visits shall be maintained by each secure 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 7438 - Construction And Renovation › Section 7438.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, construction and renovation shall
					 mean:
(a) all acquisition or
				  designation of a physical plant not originally operated as a secure
				  facility;
(b) all new secure
				  facility construction; or
(c) all
				  renovations, additions, or substantial alterations to an existing secure
				  facility setting which involves physical structure, security, or major fixed
				  equipment changes, other than replacement.
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 7438 - Construction And Renovation › Section 7438.2 - Construction and renovation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  plans and specifications for the construction or renovation of Office of
				  Children and Family Services (OCFS) secure facilities shall be submitted to the
				  State Commission of Correction (the commission) for review and
				  approval.
(b) Such approval by the
				  commission shall be obtained before a construction or renovation project is
				  advertised for bids. If a bidding procedure will not be followed, commission
				  approval must be obtained before any construction or renovation
				  begins.
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 7439 - Sanitation › Section 7439.1 - 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 sanitation in
				  each secure facility. The written policies and procedures shall be reviewed
				  annually and updated as needed.
(b)
				  OCFS shall require that each secure facility is maintained in a sanitary
				  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 7439 - Sanitation › Section 7439.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term living area shall mean an
					 area in which the residents sleep, shower and participate in program and
					 leisure activities.
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 7439 - Sanitation › Section 7439.3 - General facility sanitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  OCFS secure facility shall develop written housekeeping procedures for all
				  areas of the facility's physical plant which shall provide for daily
				  housekeeping and regular maintenance by assigning specific duties and
				  responsibilities requiring that all areas of a facility are maintained in a
				  sanitary manner.
(b) The facility
				  director or designee shall require that residents confined in an OCFS secure
				  facility maintain their living area in a sanitary 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 7439 - Sanitation › Section 7439.4 - Facility sanitation equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall require that each secure
				  facility maintain a sufficient inventory of sanitation equipment.
(b) All facility sanitation equipment shall
				  be maintained in good condition and stored 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 7439 - Sanitation › Section 7439.5 - Food service sanitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS
				  shall require that the food service areas in each secure facility, including
				  equipment and utensils, are maintained in a safe, secure and sanitary
				  manner.
(b) OCFS shall specify the
				  sanitary procedures which are to be employed in the food service areas of each
				  secure facility.
(c) OCFS shall
				  require that all persons working in the food service area of a secure facility
				  conform to hygienic practices consistent with the State Sanitary
				  Code.
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 7439 - Sanitation › Section 7439.6 - Insect and rodent control

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall require each secure facility to develop and
					 implement procedures designed to eliminate insect and rodent infestation.
					 Consistent with such procedures:
(a)
				  the facility director, or person acting in that capacity may prohibit or
				  establish limitations regarding the accumulation of food items in rooms or
				  living areas; and
(b) any pesticide
				  applied in the facility shall be used consistent with the manufacturer's
				  recommendations and any applicable laws or 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 7439 - Sanitation › Section 7439.7 - Sanitation inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS
				  shall require weekly sanitation inspections of all secure facility areas by a
				  designated staff member. The results of each inspection shall be recorded in
				  writing.
(b) Each OCFS secure
				  facility shall be inspected annually by State or local sanitation and health
				  officials to ensure compliance with all applicable laws and regulations. The
				  results of each inspection shall be recorded in writing, together with a
				  summary of any action taken to address any deficiencies, and maintained on file
				  at the facility. There shall be documentation that deficiencies have been
				  corrected. Such inspections conducted pursuant to this subdivision shall be
				  designed to require compliance with the requirements of this Part and with the
				  applicable provisions of the State's Sanitary Code, set forth in Chapter I of
				  Title 10 NYCRR.
(c) OCFS shall
				  require that the secure facility's potable water source, whether owned or
				  operated by the public water department or by the secure facility, is certified
				  in compliance with applicable laws and 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 7439 - Sanitation › Section 7439.8 - Waste disposal

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall require that each secure facility provide for
					 waste disposal which protects the health and safety of residents and staff and
					 complies with all applicable laws, codes, rules and
					 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 7440 - Fire Prevention And Safety › Section 7440.1 - 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 fire
				  prevention and safety. The written policies and procedures shall be reviewed
				  annually and updated as needed.
(b)
				  In order to safeguard the lives and property of all occupants within each OCFS
				  secure facility, and to minimize the possibility of fire emergencies or other
				  similar hazards, each OCFS secure facility shall practice proper fire
				  prevention and safety measures.
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 7440 - Fire Prevention And Safety › Section 7440.2 - Fire prevention code requirements

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall ensure that each secure facility fully complies
					 with all applicable laws, codes, rules and regulations related to fire safety
					 and prevention.
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 7440 - Fire Prevention And Safety › Section 7440.3 - Fire and safety inspections

Current through Register Vol. 46, No. 28, July 10, 2024
The facility director, or person acting in that capacity,
					 shall request the appropriate authority having code enforcement jurisdiction to
					 conduct annual fire and safety inspections. A copy of each inspection report,
					 together with a detailed written statement of all completed and planned
					 remedial actions, shall be maintained on file within 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 7440 - Fire Prevention And Safety › Section 7440.4 - Fire prevention and safety practices and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility director, or person acting
				  in that capacity, shall designate one or more staff members to conduct regular
				  fire and safety inspections of all areas of the facility to determine whether a
				  fire hazard exists, and shall take the necessary action to correct such
				  hazard.
(b) Such inspections shall
				  be conducted at least once every week, and the results of such inspections
				  shall be recorded in a facility log maintained for such purpose.
(c) Prior to assuming any duties, such
				  appointed staff member(s) shall have successfully completed appropriate
				  specialized training approved by the Office of Fire Prevention and
				  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 7441 - Environmental Health And Safety › Section 7441.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Environmental
				  conditions significantly influence the overall effectiveness of secure facility
				  operations. Standards for lighting, air quality, temperature and noise levels
				  are designed to preserve the health and well-being of residents and staff
				  members and to promote the good order and security of each secure
				  facility.
(b) Consistent with the
				  requirements of this Part, the Office of Children and Family Services (OCFS)
				  shall develop written policies and procedures that govern environmental health
				  and safety. 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 7441 - Environmental Health And Safety › Section 7441.2 - Lighting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall
				  ensure that all areas of each secure facility are illuminated in a manner
				  consistent with all applicable laws, codes, rules and regulations.
(b) OCFS shall provide:
(1) that each resident's room has access to
				  natural light from a window with a view to the outside or from a natural light
				  source within 20 feet of the room;
(2) lighting of at least 20 foot-candles at
				  desk level in the personal grooming area; and
(3) other lighting requirements for the
				  facility determined by the tasks to be performed.
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 7441 - Environmental Health And Safety › Section 7441.3 - Water supply

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall ensure that each secure facility fully complies
					 with all applicable laws, codes, rules and regulations related to water
					 supplies.
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 7441 - Environmental Health And Safety › Section 7441.4 - Plumbing

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall ensure that each secure facility fully complies
					 with all applicable laws, codes, rules and regulations related to plumbing and
					 plumbing installations.
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 7441 - Environmental Health And Safety › Section 7441.5 - Noise control

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall require that noise levels are controlled to
					 provide adequate supervision and safety.
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 7441 - Environmental Health And Safety › Section 7441.6 - Heating control

Current through Register Vol. 46, No. 28, July 10, 2024
Each secure facility shall maintain an adequate heating
					 system which shall safely heat all appropriate areas of the facility and which
					 fully complies with all applicable laws, codes, rules and regulations related
					 to heating systems.
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 7441 - Environmental Health And Safety › Section 7441.7 - Ventilation

Current through Register Vol. 46, No. 28, July 10, 2024
All areas in a secure facility shall be provided with
					 sufficient ventilation to comply with all applicable laws, codes, rules and
					 regulations related to ventilation. When primary ventilation systems fail,
					 there shall be an alternate means of ventilation.
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 7441 - Environmental Health And Safety › Section 7441.8 - Heating, plumbing, electrical, mechanical ventilation systems and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Heating, plumbing, electrical, mechanical ventilation
					 systems and equipment shall be maintained in a good, safe, sanitary, and
					 serviceable condition and in compliance with all applicable laws, codes, rules
					 and regulations related thereto.
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 7441 - Environmental Health And Safety › Section 7441.9 - Environmental health and safety inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility director, or person acting
				  in that capacity, shall designate one or more staff members to conduct regular
				  environmental health and safety inspections of all areas of the facility to
				  determine whether an environmental hazard exists, and shall take the necessary
				  action to correct any such hazard.
(b) Such inspections shall be conducted at
				  least once every week, and the results of such inspections shall be recorded in
				  a facility log maintained for such purpose.
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 7442 - Maximum Facility Capacity › Section 7442.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  promote a safe, secure and healthy environment, there shall be a limit on the
				  total number of residents confined at any given time within each secure
				  facility operated by the Office of Children and Family Services
				  (OCFS).
(b) Consistent with the
				  requirements of this Part, OCFS shall develop written policies and procedures
				  that govern maximum facility capacity at each secure facility. 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 7442 - Maximum Facility Capacity › Section 7442.2 - 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) Maximum
				  facility capacity shall mean the greatest number of residents that may be
				  confined at one time within each secure facility as certified by the New York
				  State Commission of Correction (the commission), pursuant to the requirements
				  of this Part.
(b) Individual
				  occupancy unit shall mean a resident's room with an individually controlled
				  locking device secured from resident access and equipped to accommodate one
				  resident.
(c) Living area shall
				  mean an area in which the residents sleep, shower and participate in program
				  and leisure activities.
(d) Special
				  management unit shall mean any unit which can be designated for the individual
				  housing of a resident separate and apart from the general population for
				  purposes including, but not limited to:
(1) a
				  medical treatment unit;
(2) a
				  modified services program unit;
(3)
				  a classification and orientation unit; or
(4) a mental health unit.
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 7442 - Maximum Facility Capacity › Section 7442.3 - Facility population limitation

Current through Register Vol. 46, No. 28, July 10, 2024
The total number of residents confined within each secure
					 facility shall not exceed the maximum facility capacity of 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 7442 - Maximum Facility Capacity › Section 7442.4 - Establishment of occupancy units

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with sections
					 7442.2 and
					 7442.7 
					 of this Part, OCFS may establish individual occupancy units.
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 7442 - Maximum Facility Capacity › Section 7442.5 - Individual occupancy unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each individual occupancy unit shall contain at least 60 square feet of floor
				  space if such unit is constructed after the effective date of this Part and has
				  been rated for single occupancy by the commission. Individual occupancy units
				  with less than 60 square feet shall be permitted if such units were originally
				  constructed for such purpose prior to the effective date of this
				  Part.
(b) Except as otherwise
				  provided in subdivision (e) of this section, each individual occupancy unit
				  shall contain:
(1) one bed and
				  mattress;
(2) one functioning
				  toilet; and
(3) one functioning
				  sink.
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 7442 - Maximum Facility Capacity › Section 7442.6 - Medical treatment unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each medical
				  treatment unit shall have a minimum of 80 square feet of floor space if such
				  unit is constructed after the effective date of this Part and has been rated
				  for single occupancy by the commission.
(b) Medical treatment units with less than 80
				  square feet shall be permitted if such units were originally constructed for
				  such purpose prior to the effective date 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 7442 - Maximum Facility Capacity › Section 7442.7 - Formulating maximum facility capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
				  Part, OCFS shall formulate a proposed maximum facility capacity in writing for
				  each secure facility in a form and manner prescribed by the
				  commission.
(b) Such proposed
				  capacity shall be approved in writing by the commissioner of OCFS or
				  designee.
(c) In formulating the
				  proposed maximum facility capacity of a facility, OCFS shall determine the
				  maximum number of residents that can be housed in all individual occupancy
				  units pursuant to the requirements of this Part. Such determination shall be
				  based on the following:
(1) the number of
				  properly equipped individual occupancy units, including the number of special
				  management units; and
(2) the
				  facility's ability to provide required programs and services and to comply with
				  other provisions of this Part which are related to facility capacity.
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 7442 - Maximum Facility Capacity › Section 7442.8 - Application for a change in maximum facility capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner of OCFS shall apply to
				  the commission for a revision of the certified maximum facility capacity of a
				  secure facility upon a change in any of the factors delineated in section
				  7442.7(c) 
				  of this Part.
(b) Such application
				  shall be made in writing and include the specific facts, reasons and special
				  circumstances underlying the request.
(c) Within 60 days after receipt, the
				  commission shall review such application and forward its determination in
				  writing to the commissioner of OCFS.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7500 - Legal Authority › Section 7500.1 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Article XVII, section 5, of the New York State Constitution provides that there
				  shall be a State Commission of Correction which shall visit and inspect all
				  institutions used for the detention of sane adults charged with or convicted of
				  crime.
(b) Article 3, sections 45
				  and 46, New York State Correction Law defines the following as functions of the
				  State Commission of Correction:
(1)
				  Promulgate rules and regulations establishing minimum standards for the care,
				  custody, correctional treatment, supervision, discipline and other correctional
				  programs for all persons confined in local correctional institutions. (Note: As
				  used in this statute, the term local correctional institution means any county
				  penitentiary, county jail, city jail, court detention pen, hospital prison
				  ward, or town, village or county lockup.)
(2) Aid in securing humane and economic
				  administration and best sanitary conditions of the institutions subject to
				  inspection.
(3) Investigate their
				  management and conduct of their officials.
(4) Approve or reject plans for construction
				  or renovation.
(5) Collect
				  statistical information with respect to the inmates.
(6) Close any of the facilities subject to
				  inspection which are unsafe, unsanitary or inadequate to provide for the
				  separation and classification of prisoners as required by law or which has not
				  adhered to or complied with the rules or regulations promulgated by the
				  commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7501 - Definitions › Section 7501.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise specifically provided herein, the
					 following words or terms used in this Chapter are defined as follows:
(a) Chief administrative officer shall mean
				  the commissioner of police, chief of police or other officer in charge of a
				  city jail, lockup or precinct station detention facility.
(b) Commission and Commissioner of Correction
				  shall mean the New York State Commission of Correction.
(c) Lockup shall mean a place where
				  individuals 18 years of age and over are temporarily detained while awaiting
				  disposition of their cases in the courts, before arraignment in court, or for a
				  brief period after arraignment or sentence while awaiting transfer to another
				  correctional facility. An individual who has not reached his or her 18th
				  birthday shall not be detained in any adult lockup except in accordance with
				  section 304.1  of the Family Court Act or section 510.15  of the Criminal Procedure
				  Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7502 - Admission Procedures › Section 7502.1 - Admission procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Before being placed in a cell or detention room, the clothing and person of
				  each prisoner shall be thoroughly searched.
(b) Belts, neckties, shoes and clothing items
				  such as jackets, overcoats or other similar outergarments shall be removed and
				  stored temporarily where they will not be accessible to prisoners. A supply of
				  disposable type fiber or paper footwear to replace shoes may be kept available
				  for issue as required.
(c) An
				  accurate listing shall be made of all money, and items such as rings, watches
				  and any other personal property taken at the time of admission, such list to be
				  properly witnessed by the receiving officer and the prisoner. At the
				  appropriate time, a receipt signed by the prisoner shall be obtained,
				  acknowledging that all money and property have been returned.
(d) Searching of a female prisoner shall be
				  accomplished by the regularly appointed police matron, or other qualified
				  female person whose services may be available on a part-time basis.
(e) On request, within a reasonable time
				  after arrival at the place of detention, a prisoner shall be allowed to make,
				  without charge, one local telephone call to communicate with an attorney, a
				  family member or relative, an employer, etc. Requests to place additional local
				  calls and those of a long distance nature should be decided on an individual
				  basis consistent with the prisoner's situation, funds in his possession and the
				  possibility of reversing toll charges or otherwise having the prisoner make
				  reimbursement for same. Telephone calls should be properly supervised and
				  preferably made from an area where best security can be maintained.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7503 - Medical › Section 7503.1 - Medical

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definite
				  arrangements shall be in effect so the services of a physician will be
				  available, on a standby basis, to examine prisoners in cases of illness and
				  injury. As an alternative, and to provide for situations of an emergency
				  nature, the facilities of a conveniently located hospital, particularly
				  emergency ward services, shall be utilized.
(b) Every prisoner to be detained who appears
				  to be physically incapacitated due to drug or alcohol intoxication should
				  preferably be examined by a physician. Note: Experience has firmly established
				  that an alcoholic odor emanating from a prisoner can obscure a serious physical
				  deficiency such as narcotic drug addiction, stroke, diabetic coma, heart
				  attack, etc., or an abnormal mental condition.
(c) No medication shall be given to a
				  prisoner unless authorized or prescribed by a physician.
(d) A record of medical attention provided
				  for a prisoner shall be maintained.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7504 - Supervision Of Detention Areas › Section 7504.1 - Supervision of detention areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  As a minimum, the condition of prisoners shall be checked, by actual visits to
				  cells and detention rooms, at intervals not to exceed 30 minutes.
(b) In situations where a prisoner's physical
				  or mental condition obviously warrants it, constant observation and supervision
				  shall be provided.
(c) The
				  supervisory visit procedure shall be accomplished either by personnel on
				  full-time duty in the detention area or by those assigned to other duties in
				  police department operations.
(d) A
				  suitable record of supervisory visits shall be maintained in ink and in a
				  legible manner and shall include but shall not necessarily be limited to the
				  following information:
(1) date;
(2) time of each visit;
(3) condition of prisoner(s), e.g., awake,
				  sleeping, etc.;
(4) other notations
				  considered relevant;
(5) signature
				  of officer or matron.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7505 - Food › Section 7505.1 - Food

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prisoners who
				  are detained during any of the usual three daily meal hours, i.e., morning,
				  noon and evening, shall be provided with a suitable repast at the expense of
				  the city, town, village or county maintaining the detention facility.
(b) Food shall be given to prisoners in the
				  cell or detention room. Under no circumstances shall prisoners be taken outside
				  the security area for this purpose.
(c) A record of meals provided, including a
				  notation of the prisoner's refusal thereof, shall be maintained.
(d) Consistent with the requirements of this
				  Part, inmates shall be entitled to observe dietary laws established by their
				  religion. Each facility shall furnish or provide access to the type of food
				  required by recognized religious dietary rules. Such special diets shall
				  conform as closely as possible to the foods served other inmates.
(e) Consistent with the requirements of this
				  Part, inmates shall be entitled to medical diets ordered by a physician. Each
				  facility shall furnish or provide access to the type of food required by their
				  medical diets. Such special diets shall conform as closely as possible with the
				  foods served other inmates.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter V - Minimum Standards And Regulations For Management Of City Jails-town And Village Lockups › Part 7506 - Sanitation And Maintenance › Section 7506.1 - Sanitation and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definite arrangements shall be made so that janitorial and maintenance services
				  are regularly provided to insure that satisfactory conditions will exist at all
				  times.
(b) If bedding items such as
				  sheets and pillow cases are used, they shall be changed each time a prisoner is
				  released.
(c) Mattresses if used in
				  cells or detention rooms should preferably be of a soil and water-resistant
				  type and their condition should be checked regularly for damage, attempts to
				  conceal contraband items, etc.
(d)
				  When an approved type wood bunk is in use, mattresses, sheets and pillowcases
				  are not required in routine operations.
(e) A supply of clean blankets shall be kept
				  available for issue depending on such circumstances as the condition of the
				  prisoner, and the temperature in the detention area. Blankets shall not be
				  routinely left in the cells, and shall be laundered or sterilized as necessary
				  to ensure proper cleanliness.
(f) A
				  supply of soap, paper towels and toilet tissue shall be maintained, and paper
				  drinking cups made available when lavatories do not have an integral drinking
				  fount. Supplies of this nature should be issued as needed and not routinely
				  left in cells.
(g) In addition to
				  the items listed in subdivision (f), tampons and sanitary napkins shall be made
				  available to all female prisoners at facility expense. Facilities shall
				  maintain a sufficient supply of tampons and sanitary napkins, which shall be
				  stored, dispensed and disposed of in a sanitary manner.
(h) Locks on cell doors and security doors,
				  locking devices and the security aspects of detention type windows and screens
				  shall be checked regularly to insure that they are in proper
				  condition.