N.Y. Comp. Codes R. & Regs. tit. 7 § 220.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 220.9 - Sanctions for use of drugs /intoxicants

(a) A urine sample will be obtained from a participating Incarcerated Individual at the following times:

(1) between two to ten days prior to a N FRP visit;

(2) immediately prior to a N FRP visit; and

(3) immediately after a N FRP visit.

(i) Urinalysis samples taken at points (1) and (3) will be tested at their respective draw times or shortly thereafter; the sample drawn at point (2) may be analyzed immediately or if the Incarcerated Individual tests positive at point (3).

(b) If the Incarcerated Individual tests positive for drugs or intoxicants at point (1), the FRP visit will be cancelled. Security will inform the FRP ORC, who will be responsible for advising the incarcerated individual's family of the cancellation. If the Incarcerated Individual is found guilty at the time of the disciplinary hearing, he or she, in addition to being subject to penalties under the Standards of Inmate Behavior, 7 NYCRR Chapter V, will also be suspended from the FRP for one year. As a condition of reapplication, the Incarcerated Individual must have completed the ASAT program or equivalent in the interim, and must present documentation of same at the time of reapplication. If the Incarcerated Individual is found not guilty, the FRP visit will be rescheduled for a date that is acceptable to both the family and the facility.

(c) If the Incarcerated Individual tests negative at point (1) and positive at point (3), the urine sample taken at point (2) will be tested to determine if the incarcerated individual ingested drugs between points (1) and (2). If the (2) sample is positive, the family cannot be implicated. However, if the (2) sample is negative, it can be concluded that the drugs were ingested during the Family Reunion visit, this implicates the visitor(s) . In this situation, the Incarcerated Individual will be subject to the sanctions outlined in subdivision (b) of this section; additionally, the visitor(s) will be ineligible for participation in the FRP for a minimum of two years. Once the visitor completes the two-year period of ineligibility, a FRP application can be submitted, if the incarcerated individual meets the basic eligibility standards.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 220.9

Amended and Renumbered from 220.8 New York State Register August 4, 2021/Volume XLIII, Issue 31, eff. 8/4/2021