N.Y. Comp. Codes R. & Regs. tit. 18 § 450.6
Current through Register Vol. 46, No. 18, May 1, 2024
(a) A limited secure facility shall have a control center for which designated staff members are responsible 24 hours a day. The control center, at a minimum, shall contain and maintain all necessary security and emergency equipment and have sufficient space to effectively monitor and coordinate the facility's internal and external security, communications, safety and detection systems, and the movement of youth within the facility.(b) The facility shall properly maintain the security of the facility perimeter including but not limited to the following: (1) the perimeter of the facility must be lighted during periods of darkness or the facility must use motion sensors to detect when persons cross the facility perimeter;(2) all youth, staff, and visitors, whether in vehicles or as pedestrians, must use the designated entry and exit points to enter and leave the facility;(3) there must be sufficient control of the perimeter to prevent youth from leaving the facility other than at the designated entry and exit points, and to prevent access to the facility by the general public other than at the designated entry and exit points;(4) the entry and exit points must be appropriately secured; and(5) the facility may use security fences to secure the perimeter to prevent unauthorized persons from entering or otherwise gaining access to the facility, to prevent youth from leaving the facility without authorization, and to protect the safety of the youth and staff. Any fencing must meet the appropriate industry standards for security fencing.(c) The facility must have a written procedure governing the issuance of keys to the facility to staff and the staff use and control of such keys. This procedure must meet the following criteria: (1) all keys provided to staff must be issued from a central location. Keys may be issued only to those contractors of the authorized agency operating the facility who, as part of their contractual duties, are expected to have regular and substantial unsupervised contact with youth in the facility. All other contractors needing to access the facility shall be escorted at all times by a facility staff member;(2) a record must be kept of all keys, to whom they are issued, and when they are returned;(3) the facility must establish procedures for each staff to return keys when they are not needed for program purposes, preferably at the end of each shift but, at a minimum, upon separation or suspension from service with the facility;(4) staff must not give keys to youth or allow youth to have access to keys;(5) staff must be prohibited from making copies of any keys to the facility;(6) the facility must replace locks and issue new keys if the facility finds that the security of the facility has been significantly compromised because of the loss of a key or keys, or other failure of staff or a contractor to return a key or keys when required; and(7) the facility must have a system for regularly checking that all facility keys including emergency keys function properly.(d)(1) The facility must have closed circuit video coverage of the following: (i) all common areas in all living units, program areas and activity areas, including but not limited to cafeterias, indoor and outdoor recreation areas, school classrooms, and libraries;(ii) all means of entry to, and exit from, the facility;(iii) all means of entry to areas within the facility to which youth do not normally have access;(iv) all hallways within the facility; and(2) Closed circuit video coverage of the bedrooms of youth, bathrooms, areas used for medical exams, and areas used for confidential contact between youth and counsel or youth and representatives of the office's ombudsman's office is prohibited.(3)(i) The facility must have the capacity to record and download to other electronic media all footage from the closed circuit video system. The video records from the closed circuit video system must be stored by the facility for a minimum of 14 days, unless the office or the Justice Center requires the facility to store a particular video record or records for a longer period of time. Video records of any restraint or other incident that involves any injury to a youth must be retained for a minimum of three years beyond the 18th birthday of the youth who was restrained or injured. Videos records of any incident which is required to be reported to the Vulnerable Persons' Central Register pursuant to section 491 of the Social Services Law must be stored until disposal of such records is authorized by the office or the Justice Center. The office or the Justice Center may require that the facility be able to download any video records into an electronic media specified by the office or the Justice Center.(ii) Video records showing youth in care at the facility shall be confidential and shall be treated as records concerning youth in care for confidentiality purposes. The facility must have a policy governing access to, security of, and permissible uses of video records involving youth.(iii) Copies of video records must be provided to the office and to the Justice Center upon request. Where a criminal complaint alleges that a youth, staff member or visitor has committed a crime against a staff member, youth or visitor, staff must make any relevant video records available to a law enforcement agency upon receipt of a written request from the law enforcement agency. Other than a request for video records from the office, the Justice Center or a law enforcement agency as provided for in this paragraph, the facility may provide such records only pursuant to a grand jury or court ordered subpoena or other court order directing the release of such records.N.Y. Comp. Codes R. & Regs. Tit. 18 § 450.6
Adopted New York State Register November 4, 2015/Volume XXXVII, Issue 44, eff.11/4/2015