N.Y. Comp. Codes R. & Regs. tit. 7 § 701.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 701.10 - Strip search/strip frisk

The following expedited procedure for the review of grievances alleging violation of department policy regarding strip searches or strip frisks shall be followed.

(a) An inmate who wishes to file a grievance complaint that alleges violation of department policy regarding a strip search or strip frisk shall follow the procedures set forth in section 701.5(a) of this Part.

(b) A grievance alleging violation of department policy regarding strip searches or strip frisks shall be given a grievance calendar number and recorded in sequence with all other grievances on the grievance clerk's log (form #2136). All documents submitted with the allegation must be forwarded to the superintendent by close of business that day.

(c) The superintendent or his/her designee shall promptly determine whether the grievance, if true, would represent a bona fide violation of department policy regarding strip searches or strip frisks as defined in section 701.2 of this Part. If not, then it shall be returned to the IGRC for normal processing.

(d) If it is determined that the grievance is a bona fide strip search/strip frisk issue, the superintendent shall initiate an in-house investigation by the correction captain or functional equivalent into the allegations contained in the grievance. This responsibility cannot be delegated. Where a deputy superintendent has authorized the grieved strip search or strip frisk, the superintendent will supervise the investigation with the assistance of the captain.

(e) Once a grievance has been referred to the superintendent and determined to be a bona fide strip search/strip frisk issue, that grievance cannot be withdrawn. The superintendent must address the grievant's allegations.

(f) Within 25 calendar days of receipt of the grievance, the superintendent will render a decision on the grievance and transmit said decision, with reasons stated to the grievant, the grievance clerk, and any direct party of interest. Time limit extensions may be requested, but such extensions may be granted only with the consent of the grievant.

(g) If the superintendent fails to respond within the required 25 calendar day time limit the grievant may appeal his/her grievance to CORC. This is done by filing a notice of decision to appeal (form #2133) with the inmate grievance clerk.

(h) If the grievant wishes to appeal the superintendent's response to CORC, he/she must file a notice of decision to appeal (form #2133) with the inmate grievance clerk within seven calendar days of receipt of that response.

(i) Unless otherwise stipulated in this section, all procedures, rights, and duties pertaining to the processing of any other grievance as set forth in section 701.5 of this Part shall be followed.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 701.10