N.Y. Comp. Codes R. & Regs. tit. 9 § 7342.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 7342.4 - Assessment and processing of visit requests

(a) The director shall develop and implement written policies and procedures to ensure that any request made by a youth, or any other person, that the youth be permitted to visit the deathbed of, or make a funeral visit to, a family member, is immediately delivered to the attention of the sheriff. Such policies and procedures shall additionally ensure that the sheriff, or sheriff's designee, is provided all relevant information necessary to render a determination pursuant to subdivision (e) of this section.

(b) Every sheriff shall develop and implement written policies and procedures for the expeditious review, assessment and determination of requests made by a youth, or any other person, that the youth be permitted to visit the deathbed of, or make a funeral visit to, a family member.

(c) Deathbed visits may only take place at recognized health care facilities. Deathbed or funeral visits shall not be permitted in private homes.

(d) Prior to approving any such request, the sheriff, or the sheriff's designee, shall verify:

(1) that the person to be visited is one of the persons specified in section 7342.3 of this Part;

(2) that the claim of imminent death, or death, is legitimate; and

(3) that the youth wishes to have such a visit, if the request was made by someone other than the youth.

(e) The sheriff, or sheriff's designee, in consultation with the director, or the director's designee, shall assess the potential security risks associated with the visit by considering the following factors:

(1) the offense for which the youth was committed to the sheriff and the circumstances surrounding such offense;

(2) the criminal history, escape history or attempted escape history of the youth;

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

(i) the involvement of a member of the youth's family in the offense committed by the youth; or

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

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

(5) the medical condition of the youth;

(6) the method of transport or escort required; and

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

(f) After considering all the factors specified in this section, the sheriff, or the sheriff's designee, shall approve or deny the visit. Such determination shall be made as soon as possible given the circumstances surrounding the deathbed or funeral visit.

(g) After such determination has been made, the director, the youth, and any person requesting the visit shall be informed of the decision.

(h) If the visit is denied, the youth shall be immediately informed of the denial and given the opportunity to discuss the response with the director, or designee. Any such denial shall, as soon as practical, be documented by the sheriff, or the sheriff's designee, and the youth shall be informed in writing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7342.4

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