N.Y. Comp. Codes R. & Regs. tit. 7 § 201.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 201.3 - Guidelines

(a) Inmates and their authorized visitors shall abide by the visiting rules and regulations, posted facility rules, and the instructions and guidelines given by facility staff. The department shall maintain on its website the full text of Part 200 of this Title and this Part.

(b) Violation of visiting rules and regulations, posted facility rules or instructions by staff by either an inmate or visitor may result in the denial or termination of a visit and the term of suspension or indefinite suspension of future visits under the provisions of section 201.4 of this Part.

(c) Inmates and visitors shall not be permitted to leave the visiting area together. The inmate must be accounted for by the visiting room officer prior to permitting the visitor to leave the facility. Visitors may be detained until the inmate is secured.

(d) Exchange or review of items. During visits, inmates and visitors are not authorized to exchange or share any items without prior approval of the area sergeant.

(1) In general, the following items may be reviewed and exchanged: only personal legal papers, the Bible and Koran and similar religious writing, and personal photographs (excluding Polaroid photographs) after the materials have been examined for contraband by facility security personnel.

(2) If a visitor wishes to leave any materials with the inmate that the visitor brought into the visiting area, or to remove materials brought into the visiting area by the inmate, the exchange must take place through the package room.

(e) Prior to a visit, a visitor may leave a package for an inmate, containing authorized items only, which will be inspected prior to delivery to the inmate. An attempt to introduce contraband through a package may result in the denial or termination of a visit and the term of suspension or indefinite suspension of future visits.

(f) Only foodstuffs or beverages purchased by the visitor from vending machines located in the visiting area may be consumed in the visiting room. Visitors to correctional camps shall normally be permitted to share foods brought into the facility with the inmates they are visiting, at the discretion of the superintendent. An exception will be made for visitors with small children needing to utilize baby bottles. Plastic baby bottles will be allowed into the visiting room after the contents have been examined. Jars of baby food should be left in the designated area where the visitor may go to feed the child.

(g) Inmates and visitors will not be allowed to use the same lavatories.

(h) Visitors appearing in unacceptable attire will not be admitted to a correctional facility. Due to the large number of families and young children participating in the inmate visitor program, the following are unacceptable: see-through clothing, bare midriffs or backs, plunging necklines, short shorts or athletic shorts, mini-skirts, bare feet, and bathing suits. Shorts or skirts shorter than mid-thigh length are unacceptable. Visitors are cautioned that clothing containing metal (e.g., decorative buckles, buttons or studs) or wire, including, but not limited to underwire bras, may cause the metal detector to alert and require further processing pursuant to section 200.2 of this Title.

(i) Physical contact during contact visits.

(1) In general, kissing, embracing, and touching are allowed as long as they would be acceptable in a public place and do not offend other inmates and visitors or aid in the introduction of contraband or escape attempts.

(2) At a minimum, a visitor and inmate may embrace and kiss at the beginning and at the end of any contact visit. Brief kisses and embraces should also be permitted during the course of the contact visit. However, prolonged kissing and what is commonly considered "necking" or "petting" is not permitted.

(3) A visitor and an inmate may hold hands, as long as the hands are in plain view of staff.

(4) An inmate and visitor sitting next to one another may also rest their hands upon each others' shoulders or around each others' waists. Resting one's head on another's shoulder is also permitted when the inmate and visitor are sitting next to one another.

(5) No visitor or inmate may engage in unacceptable physical conduct, e.g., intercourse, sodomy, touching sexual or other intimate parts of another person, or masturbation.

(j) A visitor arriving with a small child will be allowed to take a diaper bag, three diapers and plastic baby bottles into the visiting room, provided all articles are thoroughly searched beforehand. If possible, a suitable area within the perimeter of the visiting room should be provided for the changing of diapers.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 201.3