N.Y. Comp. Codes R. & Regs. tit. 9 § 7051.5

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

Section 7051.5 - Assessment and processing of visit requests

(a) The chief administrative officer of each local correctional facility shall develop and implement a procedure for the expeditious review, assessment and approval of requests made by an inmate or other person asking that an inmate be permitted to visit the deathbed of and/or attend the funeral of a designated family member.

(b) Prior to approving any such request, the chief administrative officer shall verify:

(1) that the person to be visited is one of the persons specified in section 7051.4(b) of this Part;

(2) that the funeral arrangements or claim of imminent death are legitimate; and

(3) that the inmate wishes to have such a visit, if the request was initiated by another person.

(c) Prior to approving such visit, the chief administrative officer shall assess the potential security risk associated with the visit by considering, at a minimum, the following factors:

(1) offense for which the inmate is incarcerated and circumstances surrounding the offense;

(2) criminal history of the inmate, including a history of escape or attempted escape;

(3) whether the inmate's presence at the visit may constitute a threat to the inmate or any other person present because of:

(i) the involvement of a member of the inmate's family in the offense committed by the imate; and/or

(ii) other persons who may be present at the funeral or deathbed visit;

(4) mental stability of the inmate, including the inmate's mental health history and the potential effect of the visit on the inmate;

(5) medical condition of the inmate;

(6) method of transport or escort required; and

(7) any other relevant circumstances specific to the inmate or situation.

(d) After considering the factors specified in subdivision (c) of this section, the chief administrative officer shall approve or deny the visit. Such determination shall be made as soon as possible given the circumstances surrounding the funeral or deathbed visit.

(e) After such determination has been made, the inmate and/or other person requesting the visit shall be immediately informed of the decision.

(f) If the visit is denied, the inmate and/or other person requesting the visit shall be:

(1) informed in writing of the facts and circumstances surrounding the denial; and

(2) given an opportunity to respond to the chief administrative officer concerning the determination within 24 hours.

(g) At the discretion of the chief administrative officer, an inmate may be permitted both to visit the deathbed of and to attend the funeral of those persons with whom inmates are authorized to visit pursuant to section 7051.4(b) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7051.5