N.Y. Comp. Codes R. & Regs. tit. 9 § 7403.5

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

Section 7403.5 - Property confiscation

(a) Facility staff shall confiscate all contraband and disallowed items from residents admitted to the facility pursuant to Part 7404 of this Title.

(b) All resident property confiscated by facility staff shall be inventoried and recorded in writing. Such inventory shall include:

(1) the name of the resident;

(2) an itemization of each personal property item confiscated with an accurate description of such item;

(3) the date of the confiscation; and

(4) the printed name and signature of staff completing the inventory.

(c) The resident shall verify, by signing the inventory, that such inventory is a complete and accurate itemization of such resident's confiscated personal property. If, for any reason, a resident is not able to verify, or refuses to verify, that such listing is accurate or complete by signing the inventory, such inventory shall be witnessed and signed by a second facility staff member. The resident shall be given a copy of the signed inventory and at least one copy shall be retained in the facility.

(d) Except as provided in subdivisions (g) and (h) of this section, all property confiscated pursuant to this section shall be kept in a safe and secure area which is accessible only to authorized personnel.

(e) The facility director or assigned personnel shall establish and maintain accurate books of account with respect to any money confiscated pursuant to this Part. Money confiscated pursuant to this section shall be deposited in the resident's account, and a written receipt shall be provided to the resident.

(f) Personal property not allowed in the facility pursuant to OCFS policy shall be returned to the resident's parent, legal guardian or spouse at the expense of the facility.

(g) If no parent, legal guardian or spouse is available to receive property, or refuses to receive such property, and if such property cannot be stored within the facility because such storage may present a substantial facility health or sanitation threat, such property may, upon the order of the facility director or person acting in that capacity, be destroyed. Any such order shall be recorded in writing and shall state:

(1) the name of the resident;

(2) the specific property being destroyed;

(3) the time and date of destruction; and

(4) the specific facts and reasons why such property constitutes a facility health or sanitation threat.

(h) The facility director or person acting in that capacity shall not release any confiscated resident property, the possession of which may constitute a criminal offense, to any person except appropriate law enforcement officials. Any such release shall be recorded in writing and shall state:

(1) a description of the property released to law enforcement officials;

(2) the time and date of release;

(3) the name of the resident from whom the property is confiscated; and

(4) the name and organization of the official to whom the property is released.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7403.5

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018