N.Y. Comp. Codes R. & Regs. tit. 9 § 7002.4

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

Section 7002.4 - Property confiscation

(a) Facility staff shall confiscate all contraband from prisoners admitted to the facility.

(b) As used in this section, the term contraband shall mean:

(1) any article or substance the possession of which would constitute an offense as that term is defined in the New York State Penal Law;

(2) any deadly weapon, as such weapon is defined in subdivision 12 of section 10.00 of the Penal Law;

(3) any article or substance the possession of which is specifically prohibited by written facility regulations;

(4) any article or substance the possession of which is specifically prohibited by the provisions of this Subtitle; and

(5) any article or substance which may present a substantial sanitation or health threat to the facility.

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

(1) the name of the prisoner;

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

(3) the date of confiscation; and

(4) the name and signature of officer completing the inventory.

(d) The prisoner shall verify by signing the inventory that such inventory is a complete and accurate itemization of such prisoner's confiscated personal property. If, for any reason, a prisoner 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. If, at a later time, such prisoner is able or willing to effect such signature, the prisoner shall be permitted to do so. The prisoner shall be given a copy of the signed inventory, and at least one copy shall be retained in the facility.

(e) Except as provided in subdivisions (g), (h) and (i) of this section, all prisoner property confiscated pursuant to this section shall be kept in a safe and secure area.

(f) The chief administrative officer shall establish and maintain accurate books of account with respect to any money confiscated as contraband pursuant to this Part. Money confiscated as contraband pursuant to this section shall be deposited in the prisoner's account.

(g) A prisoner may designate, in writing, persons to receive property confiscated pursuant to this section. Personal property shall be released to persons designated by the prisoner when:

(1) such person has presented adequate identification;

(2) such person signs the personal property inventory; and

(3) the inventory has been amended to reflect the release of each item of property.

(h) If a prisoner is not able to designate a person to receive property, or if the designee 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 chief administrative officer, be destroyed. Any such order shall be in writing and shall state:

(1) the name of the prisoner;

(2) the specific property being destroyed;

(3) the time and date of destruction of the property; and

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

(i) The chief administrative officer shall not release any confiscated prisoner property, the possession of which may constitute an offense, to any person except appropriate law enforcement officials. Any such release shall be 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 prisoner 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 § 7002.4