N.Y. Comp. Codes R. & Regs. tit. 7 § 57.5

Current through Register Vol. 46, No. 36, September 4, 2024

Section 57.5 - Peace officers' special duties

(a) Peace officers employed by the department shall be deemed to be acting pursuant to their special duties for the purposes of section 2.20(9) of the CPL, when in the course of their specifically assigned duties as employees of the Department of Correctional Services they are acting to maintain the custody, control and supervision of an inmate or in apprehending an inmate of the department.

(b) Employees having peace-officer status shall be provided firearms from the department's arsenals when necessary to carry out their special duties as defined in subdivision (a) of this section. No employee of the department shall be deemed to be acting pursuant to his special duties while in possession of a privately owned or possessed firearm, except where such employee is acting to apprehend an inmate of whom he has personal knowledge who has escaped or is in the process of escaping.

(c) Employees covered by this Part are not expected nor required by any rule or regulation of the Department of Correctional Services or by any law of the State of New York to act as police officer, as defined in the CPL, during their off-duty hours. Peace officers employed by this agency, while off duty, shall continue to possess the status and powers of peace officers provided by law, subject to the provisions of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 57.5