N.Y. Comp. Codes R. & Regs. tit. 9 § 7003.2

Current through Register Vol. 46, No. 16, April 17, 2024

Section 7003.2 - Definitions

As used in this Part, the following definitions shall apply to the terms listed below:

(a) Supervisory visit shall mean:

(1) a personal visual observation of each individual prisoner by facility staff responsible for the care and custody of such prisoners to monitor their presence and proper conduct; and

(2) a personal visual inspection of each occupied individual prisoner housing unit and the area immediately surrounding such housing unit by facility staff responsible for the care and custody of prisoners to ensure the safety, security and good order of the facility.

(b) General supervision shall mean the availability to prisoners of facility staff responsible for the care and custody of such prisoners which shall include supervisory visits conducted at 30-minute intervals.

(c) Active supervision shall mean the immediate availability to prisoners of facility staff responsible for the care and custody of such prisoners which shall include:

(1) uninterrupted ability to communicate orally with and respond to each prisoner unaided by any electronic or other artificial amplifying device; and

(2) the conducting of supervisory visits at 30-minute intervals;

(3) the ability of staff to immediately respond to emergency situations; and

(4) in any facility housing area in which more than 20 inmates are housed, the continuous occupation of a security post within such housing area.

(d) Constant supervision shall mean the uninterrupted personal visual observation of prisoners by facility staff responsible for the care and custody of such prisoners without the aid of any electrical or mechanical surveillance devices. Facility staff shall provide continuous and direct supervision by permanently occupying an established post in close proximity to the prisoners under supervision which shall provide staff with:

(1) a continuous clear view of all prisoners under supervision; and

(2) the ability to immediately and directly intervene in response to situations or behavior observed which threaten the health or safety of prisoners or the good order of the facility.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7003.2