N.Y. Comp. Codes R. & Regs. tit. 9 § 7306.2

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

Section 7306.2 - Definitions

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

(a) Supervision tour shall mean:

(1) a personal visual observation of each youth by facility staff responsible for the care and custody of such youth to monitor their presence, well-being and conduct; and

(2) a personal visual inspection of each occupied individual occupancy room, and the unit surrounding each individual occupancy room, by staff responsible for the care and custody of youth to maintain the safety, security, and operational stability of the facility.

(b) Active supervision shall mean the immediate availability to youth of staff responsible for the care and custody of such youth, which shall include:

(1) the continuous presence of such staff within the living unit when youth are present on the living unit;

(2) the uninterrupted ability to communicate orally with, and respond to, each youth unaided by any electronic or other artificial amplifying device;

(3) the conducting of supervision tours at intervals not to exceed 30 minutes; and

(4) the ability of staff to immediately respond to emergency situations.

(c) Constant supervision shall mean the uninterrupted personal visual observation of a youth by facility staff responsible for the care and custody of such youth. Facility staff shall provide continuous and direct supervision by maintaining a position in close proximity to the youth under supervision, which shall provide staff with:

(1) a continuous clear view of the youth under supervision; and

(2) the ability to immediately and directly intervene in response to a situation or observed behavior which threatens the safety, security, or health of the youth, another person, or the operational stability of the facility.

(d) Contraband shall mean:

(1) any article or substance, the possession of which would constitute an offense under the New York State Penal Law;

(2) any deadly weapon or dangerous instrument, as defined in Article 10 of the Penal Law;

(3) any article or substance, the possession of which is specifically prohibited by written facility rules and regulations.

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

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

(e) Mechanical restraint shall mean any device used by facility staff to immobilize or limit a youth's movement which such youth cannot remove.

(f) Physical incident shall mean any occurrence of power, violence, compulsion or constraint, exerted upon a youth by facility staff, including, but not limited to, physical restraint.

(g) Physical restraint shall mean any physical intervention with a youth by staff to control behavior, with or without the use of mechanical restraints.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7306.2

Adopted New York State Register September 26, 2018/Volume XL, Issue 39, eff. 9/26/2018