N.Y. Comp. Codes R. & Regs. tit. 7 § 1010.4

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

Section 1010.4 - Procedure

When a substance is found which is suspected of being a contraband drug, the following steps shall be taken.

(a) Place the substance in a sealed container and label it with the following information:

(1) date and time found;

(2) place where found; and

(3) name and badge number of the officer, security supervisor, executive team member with peace officer status or name and title of the employee (if civilian) finding the substance.

(b) Initiate a request for test of suspected contraband drugs (see section 1010.8 of this Part) to include details of circumstances leading to request. Each person handling the suspected substance shall make an appropriate notation on the form to document the action taken as well as the chain of custody of the substance until it is identified or, if applicable, placed in control of the Office of Special Investigations' narcotics staff or a police agency or the State Police laboratory.

(c) If the substance is not to be identified immediately, it shall be stored in secure evidence drop box or the secure evidence locker in accordance with Directive #4910A, "Contraband/Evidence - Handling, Storage, and Disposition."

(d) The substance shall be inspected at the facility pharmacy for possible identification, or if appropriate pharmacy staff are not available, with the assistance of nursing staff.

(e) If the substance has not been conclusively identified at the facility pharmacy, it shall be tested by use of the narcotics identification kit (NIK®) manufactured by Public Safety, Inc. Always begin NIK® testing with Test A and continue from test to test until a positive or negative result is obtained. Tests E, L, M, N, P, Q and R, and Bath Salts Test are exceptions to this rule and are designed as stand alone tests (see section 1010.8 of this Part, NIK® Tests list), or the narcotics identification kit (NARK® II) manufactured by Sirchie Fingerprint Laboratories. Always begin testing with manufacturers recommended test kit (see Section 1010.8(d) Nark® II Tests list).

(f) The individual performing the test shall have been appropriately trained in the use of the testing materials and shall follow the procedures recommended by the manufacturer. The testing sequence followed and the results obtained shall be noted on the contraband test procedure form (see section 1010.8[b] of this Part).

(g) Any substance remaining after testing at the facility may, but need not, be forwarded to a State Police laboratory for further testing.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1010.4

Amended New York State Register April 13, 2016/Volume XXXVIII, Issue 15, eff. 4/13/2016