N.Y. Comp. Codes R. & Regs. tit. 7 § 200.3

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

Section 200.3 - Unauthorized items/contraband

(a) Contraband is defined as:

(1) any article or thing the possession of which would constitute an offense under any law applicable to the public;

(2) any article or thing which is readily capable of being used to cause death or serious physical injury, including but not limited to a hand gun, shoulder gun, cartridge, knife, explosive, or dangerous drug (including marijuana);

(3) any article or thing that is introduced into a correctional facility under circumstances showing an intent to transfer same to an inmate without the permission of the superintendent or his designee; or

(4) any article or thing that is not specifically authorized to be possessed by an inmate in a State correctional facility pursuant to the rules of the department or the local rules of the facility. Money and identifying documents are among the items inmates are not permitted to possess. (See section 270.2[B] [14] of this Title, "Standards of inmate behavior, rule series 113 contraband.")

Note: The visitor's intent shall be controlling. At times, innocent oversights will occur (e.g., medication). Officers should use their discretion in judging a visitor's intent, when undeclared contraband is found, as to whether the visitor intentionally attempted to introduce contraband into the facility. Criteria to be considered include the visitor's demeanor, whether it appears that the contraband was for the visitor's personal use and was inadvertently left his/her pocket or handbag, and whether an effort was made to conceal the contraband where it would not readily be found and the visitor's past history.

(b) Upon the discovery of contraband as defined in paragraphs (a)(1) and (2) of this section, the contraband shall be confiscated and law enforcement officials shall be contacted.

(c) Prohibited Items. Certain items are prohibited inside a State correctional facility.

(1) Cellular phones, wireless phones, pagers, laptop computers, personal digital assistants, any device with global positioning (G.P.S.) capabilities, any device with audio recording capabilities, radios, cameras or other similar electronic devices are prohibited. Other items including pocketknives, alcohol and other items posted at the facility entrance or as directed by staff are also prohibited.

(2) A visitor shall declare any prohibited item that is not specifically authorized to be possessed in a State correctional facility, but is otherwise legally possessed (e.g., medications). The visitor shall store the items in a locker, if available, until the visitor leaves the facility. If no locker is available, the visitor shall remove the item from the facility and secure it in an appropriate location (e.g., the visitor's vehicle).

N.Y. Comp. Codes R. & Regs. Tit. 7 § 200.3