N.Y. Comp. Codes R. & Regs. tit. 9 § 7003.3

Current through Register Vol. 46, No. 15, April 10, 2024

Section 7003.3 - Supervision of prisoners in facility housing areas

(a) Active supervision shall be maintained in all facility housing areas, including multiple occupancy housing units, when any prisoners are confined in such areas but not secured in their individual housing units.

(b) Where a security post is not located within a facility housing area pursuant to section 7003.2(c)(4) of this Part, each supervisory visit conducted in the course of providing active supervision shall be entered in the housing area logbook at the time such visits are made.

(c) At a minimum, general supervision shall be maintained in all facility housing areas when all prisoners are secured in their individual housing units.

(d) Notwithstanding the requirements of this section, the chief administrative officer shall determine the type and manner of supervision to be provided to trustees while such trustees are confined in a facility housing area housing only trustees.

(e) Whenever all prisoners are secured in their individual housing units and general supervision is maintained, mechanical or electrical time recording devices shall be used to record the performance of supervisory visits conducted pursuant to the requirements of this section.

(f) The records resulting from the use of mechanical or electrical time recording devices shall be retained within the facility and reviewed periodically by the chief administrative officer.

(g) Mechanical or electrical time recording devices shall not be required to record the performance of supervisory visits conducted pursuant to the requirements of this section when active supervision is maintained.

(h) The chief administrative officer and/or the facility physician shall determine whether a prisoner requires additional supervision based on the prisoner's condition, illness or injury, and the chief administrative officer shall order such supervision if warranted. Additional supervision may include:

(1) more frequent supervisory visits;

(2) active supervision when only general supervision is required; or

(3) constant supervision.

(i) Consistent with the requirements of subdivision (j) of this section, such determinations and orders for additional supervision shall be recorded.

(j) All written records pertaining to facility housing supervision required pursuant to this section shall be recorded in ink in a bound ledger of consecutively numbered pages which shall be maintained in each housing area. Such records shall include, but not be limited to, the following information:

(1) the name of the facility housing area in which the supervision is being maintained;

(2) the name(s) of facility staff conducting the supervision;

(3) when active supervision is conducted, the date and time supervision is initiated and the date and time it ends;

(4) when general supervision is conducted, the date and time each supervisory visit is performed pursuant to the requirements of section 7003.2(b) of this Part and the signature of facility staff conducting the supervisory visit;

(5) when the chief administrative officer and/or the facility physician determine a prisoner requires additional supervision pursuant to subdivision (h) of this section:

(i) the reasons underlying such determination;

(ii) orders made requiring such additional supervision, including the dates and times when the supervision is to be initiated and end;

(iii) the name(s) of the individual(s) making such determination and/or ordering the supervision;

(iv) the dates and times when supervision was initiated and ended;

(v) the name(s) of facility staff conducting the supervision; and

(vi) periodic facility staff observations of the prisoner's condition or behavior;

(6) any significant events and activities occurring during supervision, including:

(i) the date and time of such event or problem;

(ii) the names of all incarcerated individuals and/or staff involved;

(iii) facility staff response to such event or problem, including a summary of what occurred;

(iv) a description of the condition of any incarcerated individuals involved;

(v) for each segregated individual, as that term is defined in section 7075.2 of this Title, incarcerated individual subject to segregated confinement, as that term is defined in section 7076.2 of this Title, or incarcerated individual assigned to a residential rehabilitation unit, as that term is defined in section 7077.2 of this Title, the date and time of each instance such individual is either confined to an individual occupancy housing unit, or confined to the sleeping area of a multiple occupancy housing unit;

(vi) for each segregated individual , as that term is defined in section 7075.2 of this Title, incarcerated individual subject to segregated confinement, as that term is defined in section 7076.2 of this Title, or incarcerated individual assigned to a residential rehabilitation unit, as that term is defined in section 7077.2 of this Title, the date and time of each instance such individual is either released from an individual occupancy housing unit, or no longer confined to the sleeping area of a multiple occupancy housing unit; and

(vii) for each segregated individual, as that term is defined in section 7075.2 of this Title, incarcerated individual subject to segregated confinement, as that term is defined in section 7076.2 of this Title, or incarcerated individual assigned to a residential rehabilitation unit, as that term is defined in section 7077.2 of this Title, any refusal of such individual to leave an individual occupancy housing unit, or the sleeping area of a multiple occupancy housing unit.

(k) Each entry recorded in the bound ledger required pursuant to this section shall be signed by the staff member making the entry.

(l) Alterations made by facility staff to any entries contained within such ledger shall be:

(1) accomplished by facility staff drawing a single line through the entry to be changed which does not prevent the original entry from being read; and

(2) dated and signed by the staff member making the alteration with the reason(s) noted why the record was altered.

(m) Notwithstanding the provisions of this section requiring a bound ledger, records pertaining to facility housing supervision may be recorded on a computerized log. Entries made on a computerized log shall identify the staff member making such entry. Entries made on a computerized log shall not be erased. Alterations to entries shall be made by making an additional entry.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7003.3

Amended New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019

Amended New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022