N.Y. Comp. Codes R. & Regs. tit. 7 § 200.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 200.1 - Identification

(a) Each person seeking entrance to a correctional facility will be required to furnish proof of identity. Failure to produce adequate identification shall result in the denial of entry. Prior to visiting, visitors and other persons not employed at the correctional facility shall sign appropriate visiting forms as required by the facility. These records will be maintained by the facility.

(b) Upon entering any gate area, identification of persons, other than facility employees, shall be properly determined and recorded.

(1) Each person entering a correctional facility will be required to furnish valid, unexpired identification. Failure to produce adequate identification shall result in denial of entry.

(2) A person visiting an inmate under the visitation program (see Part 201 of this Title), family reunion program (see Part 220 of this Title), special events program (see departmental directive No. 4022), or for inmate legal visits (see departmental directive No. 4404) (these directives are available on the department website) should use the same form of identification at every visit, regardless of the location of the visit, and must sign appropriate visiting forms as required by the facility or the visit shall be denied. Acceptable forms of identification for such visits are as follows:

(i) picture I.D. (e.g., driver's license, non-driver identification, other government issued picture identification, Armed Services I.D., or employment identification with the visitor's picture on it);

(ii) birth or baptismal certificates shall not be considered adequate identification for an adult visitor; however, they may be used as identification for a minor child. In the case of a minor with no other creditable identification documentation, an adult approved to visit may vouch for the identification of a minor;

(iii) a visiting spouse must possess documentation of a valid marriage license or a declaratory judgment stating the validity of an out-of-state common-law marriage for spousal participation in the family reunion program (see Part 200 of this Title and departmental directive No. 4500 "Family Reunion Program").

(3) Non-facility employees or non-departmental personnel requiring entrance for an approved purpose (e.g., meeting, tour, official business, etc.) must obtain authorization from the superintendent or designee. Each individual shall record his or her name, the purpose of entry, and the times of entry and exit in the front gate log book. Identification required of such persons is as follows:

(i) A person entering for an approved purpose may use professional identification consistent with the purpose of entry into the correctional facility. Examples of professional identification include a New York State Department of Corrections and Community Supervision picture identification; an employee picture identification issued by a Federal, State, county or local government; a court issued employee picture identification or a Unified Court System attorney secure pass identification card.

(ii) A person not having professional identification shall be required to furnish a valid, unexpired picture I.D. as provided in subparagraph (2)(i) of this subdivision.

(4) Additional identification requirements for participation in family reunion program visits are set forth in Part 220 of this Title, "Family Reunion Program."

(c) Each visitor shall be required to leave via the same gate by which he or she was admitted and the time out will be recorded. A visitor should not be permitted to leave a facility by any gate other than the one through which he or she entered without the authorization of the watch commander or higher ranking facility official.

(d) If the gate officer has any question regarding the validity of any aspect of the offered identification or the identity of the visitor, the officer shall notify his or her supervisor. The supervisor may approve entry into the correctional facility, require the visitor to provide additional supportive identification, or deny entry into the correctional facility.

(e) Except at minimum security facilities and correctional camps, each visitor (any person not employed at that facility) over five years of age shall be hand stamped to aid in identifying visitors upon leaving the facility.

(f) A visitor shall be required to lift any facial covering (religious or otherwise) for identification purposes.

(1) If the visitor objects for religious reasons, staff shall offer the visitor a private room or screened area to remove the facial covering in the presence of a security staff member of the same sex, if one is on duty. If no security staff member of the same sex is on duty a non-uniformed staff member of the same sex shall be used. If, however, no staff member of the same sex is on duty, and the visitor still refuses to show his or her face in the usual visitor processing area, the visit will be denied.

(2) In order to leave the facility after a visitor has been processed in, the visitor shall be required to show his or her face. If the visitor objects for religious reasons, and a staff member of the same sex is on duty, staff shall use a private area as set forth above. If the visitor refuses to show his or her face, the visitor shall be detained until identity is ascertained.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 200.1

Staff shall not require a visitor to remove religious headwear, during the identification process.