N.Y. Comp. Codes R. & Regs. tit. 7 § 200.2

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

Section 200.2 - Search

(a) All persons entering a correctional facility are subject to search as a condition of entering a facility. All visitors, except for visitors to a correctional camp, shall pass through a walk through metal detector and/or be scanned with a hand scanner. Any visitor who exercises his or her option to refuse to comply with the required search procedures shall not be permitted to enter a correctional facility. Facility employees may be subject to search if, and when, required by the superintendent or his or her designee.

Note: The superintendent may make exceptions to the search requirements for department officials or other dignitaries.

(b) Notices will be posted at public entrances to a facility, in English and Spanish, providing that all visitors are subject to search as a condition of visitation.

(c) A detailed definition of contraband (see section 200.3 of this Part) shall be posted in the visitor processing area and made available to a visitor upon request.

(d) Metal detectors.

(1) Calibration and testing. All hand scanners and metal detectors shall be calibrated to meet the criteria established and approved by the deputy commissioner for correctional facilities.

(2) Metal detector searches.

(i) Each visitor shall remove all metal items from clothing prior to monitoring. Jewelry (e.g., watches, chains, medals, etc.) which is normally concealed and which register an alarm will be removed. Other jewelry (e.g., rings, pins, earring, etc.) which is normally not concealed and which can be located by hand scanner, need not be removed.

(ii) Items that are removed from visitors passing through the detector will be placed in a container out of reach of the visitor where the items can be observed and checked by staff.

(iii) Staff shall thoroughly search handbags, briefcases, and other containers. Inspection of handbags, briefcases, and other containers in the possession of an attorney or duly approved legal representative prior to an approved legal visit shall be limited to cursory examination for contraband. Written materials shall be inspected, as unobtrusively as possible, to verify that the materials do not contain contraband.

(iv) Staff shall check and approve all items before returning them to the visitor and the items will be returned only after the visitor has successfully passed through the metal detector.

(v) If there is any difficulty clearing a person by use of the walk-through metal detector, staff shall use the hand scanner to locate the problem area.

Note: If items such as belt buckles, jewelry, metal buttons, etc. are probable causes of registering an alarm, the use of the hand scanner will usually identify the object in question. The hand scanner should be held approximately 1/2 inch away from the area being searched. Care should be taken by staff to ensure that the hand scanner does not make physical contact with the individual being processed. When the hand scanner indicates the presence of metal, which is concealed under clothing, the visitor shall reveal (if appropriate) the object in question thereby establishing that the item revealed caused the alarm or, if necessary, the visitor shall remove the item for inspection.

(vi) If, prior to an approved legal visit, an attorney or duly approved legal representative is unable to clear the metal detection process, staff shall contact the superintendent or designee for further direction.

(3) If the visitor is unable to reveal or remove the detected object due to its personal nature, processing shall continue as follows: The visitor shall be provided with a document explaining that they have the right to leave the facility or they can pursue one of two search options:

(i) A limited visual search to be conducted in a private area where an officer or staff member of the same sex will visually inspect the area in question by having the visitor lift any articles of clothing or under garments to satisfy staff that no contraband is secreted on the visitor's person in the area in question. Should a staff member of the same sex not be available, a personal item search as set forth in subparagraph (ii) of this paragraph shall be utilized.

Note: When the limited visual search procedure is utilized, staff must obtain a signed "Notice of Consent to Search" form from the visitor and an unusual incident report must be filed in accordance with departmental directive No. 4004, "Unusual Incident Report."

(ii) A personal item search may be conducted as an alternative to a limited visual search.

(a) The visitor shall be provided a private area or other room that provides personal privacy to remove items of a personal nature including braces, underwire bras, etc.; a paper bag in which to place any personal items they have removed; and an opportunity to use a large mess hall style white shirt as an outer covering during reprocessing procedures. (The facility shall have at least two x-large and two xx-large mess hall style shirts available. The facility must specifically advise any female visitor who may be required to remove an underwire bra of the availability of these shirts to wear as an outer garment during reprocessing procedures.)

Note: A visitor shall not be routinely required to remove religious headwear during search procedures. However, if staff determines following the use of the hand scanner that removal of the headwear or any other item of religious apparel is necessary, the item shall be removed in a private area 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. The staff member of the same sex shall conduct a hand scanner search and visual inspection of both the visitor and the removed item in a private area. If there is no staff member of the same sex on duty, and the visitor still refuses or cannot remove the item due to its personal nature in the visitor processing area, the visit will be denied.

(b) Once the detected item is removed and placed in the paper bag, staff shall reprocess the visitor via a hand scanner or walk-through metal detector and both the bag and it's contents shall be discreetly inspected for contraband. All visitors must be dressed in appropriate attire, as outlined in section 201.3 of this Title, when not within the private area. Once the visitor has cleared the detector, the personal items shall be returned and a private area made available for redressing. The outer covering shirt shall be returned to a security staff member.

(c) Whenever possible, the private area used to disrobe shall not be the same area that is used for redressing. Any private area shall be out of sight of the inmate population. If separate areas are not available, staff must search the area before the visitor enters to redress.

(4) Contact between processed and unprocessed visitors shall be prevented.

(5) If staff is unable to locate the source of the problem with the hand scanner or believes that there is probable cause for further processing, he/she shall follow the strip search procedures as set forth in subdivision (f) of this section, even if the visitor offers to voluntarily remove items of clothing other than coat, hat, or shoes.

(e) Substance detection/ion scan testing. Visitors entering any department facility, by whatever gate, may be subject to ion scanning or other non-intrusive test for detection of illicit substances.

(1) A substance detection/ion scanner test means a search in which surface samples are taken using a handheld collection unit for testing in a drug and/or explosives detection device. The collection unit may come into contact with an individual's hands, areas of clothing, personal items, purses/handbags, packages, correspondence or any other articles that may retain microscopic traces of illicit substances. A positive test result may occur in any case where a person has come into contact with an illicit substance, whether the person has used that substance or not. All substance abuse detection/ion scan staff shall use the thresholds established and approved by the deputy commissioner for correctional facilities or his or her designee to determine whether or not a test is positive.

(2) If a visitor tests positive, a second test will be conducted to confirm or negate the first test result. Upon a confirmed positive test result, or test refusal, the visitor will be denied entrance into any correctional facility for two days. If that visitor is a minor child, that child's parent, guardian or approved escort will also be denied entrance into the correctional facility. Otherwise, a confirmed positive test result on a specific visitor will not serve as a basis to deny entrance to any other visitor. A confirmed positive test means that a second sample from the same area on the person or the person's belongings tests positive for the same substance.

(3) No disciplinary action shall be taken against an inmate solely because an individual that is attempting to visit the inmate tests positive or refuses to test.

(f) Strip Searches.

(1) If a visitor to a correctional facility has complied with all the aforementioned processes and the officer in charge reasonably believes further processing is required to prevent the introduction of contraband into the facility, the following action must be taken:

(i) The visitor shall be asked to remain. The officer in charge shall contact his or her immediate supervisor.

(ii) The supervisor will evaluate the situation to determine if further processing is warranted.

(2) If the supervisor determines that further processing is warranted, the superintendent or the officer of the day during non-business hours shall be notified and may authorize a consensual strip search after reviewing the matter.

(i) In order to justify a strip search of a particular visitor, the superintendent or officer of the day during non-business hours, must point to specific objective facts and rational inferences that he or she is entitled to draw from those facts in light of his or her experience. The superintendent must have reasonable cause to believe that contraband is concealed upon the person of the visitor, base upon specific and articulable facts and inferences reasonably drawn from those facts. Generalized suspicion of smuggling activity is insufficient.

(ii) Strip searches may not be authorized based on uncorroborated information or "tips" merely stating that visitors would attempt to introduce contraband into a facility where the informant's reliability cannot be assessed and observations of visitors by staff upon arrival at the facility do not contribute to reasonable suspicion that contraband is being concealed. Reasonable suspicion exists only if the uncorroborated information can be linked to other objective facts.

(3) The visitor must be informed that he/she has the option to submit to the requested search procedure or to refuse. If a visitor refuses to submit to a strip search the visit will be denied.

(4) Guilt is not to be assumed from a visitor's refusal to submit to a strip search.

(5) Future visits may not be denied on the basis of past refusal to a strip search.

(6) A visitor's past refusal to submit to a strip search may not be used as a basis or factor in establishing reasonable suspicion for future strip searches.

(7) If the visitor consents to a strip search, the supervisor will obtain the visitor's written consent on Form No. 2061, "Notice of Consent to Search." In the case of a minor child, the consent must be given by a parent or guardian. Absent consent from an accompanying parent or guardian, a minor child will not be subjected to a strip search and will not be permitted entry into the facility. For purposes of this section, the term minor child shall mean any person who is under the age of 18, but the term shall not include any person who is emancipated (i.e., 16 years of age or older who is married [with proof of age and marriage]) and who is related to the inmate to be visited.

(8) Strip search of a minor child.

(i) In an unusual circumstance when the visitor to be strip searched is a minor child, the parent or guardian shall be present and, at the discretion of staff, may participate in the strip search.

(ii) If at any time during the procedure the minor child or accompanying parent or guardian objects in any manner to the strip search, the procedure shall be terminated immediately and the visit denied. When a minor child is unable to clear the search procedure, the escorting parent or guardian shall also be denied entry into the facility.

(9) Strip searches shall be conducted in locations heated to a level of human comfort for disrobed persons.

(10) Strip searches shall be conducted by a correction officer of the same sex as the visitor being searched.

(11) In performing strip searches, staff shall conduct themselves professionally. Staff shall be alert to the sensitive nature of the strip search and conduct such searches in a manner least degrading to all involved while fulfilling the objective of the search.

(12) A strip search must be reported as an unusual incident in accordance with departmental directive No. 4004, "Unusual Incident Report." A subsidiary report of the circumstances surrounding the incident should accompany the unusual incident report. Particular care should be given to setting forth in detail the factor or factors which led to a determination that the visitor required processing under this subdivision.

(g) As a prerequisite to entry to a correctional facility, the superintendent or his or her designee shall have the authority to require any visitor to surrender any article or thing to the gate officer if the superintendent or his or her designee reasonably believes to be potentially dangerous to the safety and security of the facility or constitutes contraband as defined in section 200.3 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 200.2