N.Y. Comp. Codes R. & Regs. tit. 9 § 7404.2

Current through Register Vol. 46, No. 41, October 9, 2024

Section 7404.2 - Definitions

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

(a) Security post shall mean a workstation/area established for the purpose of observing, supervising, and managing residents in a secure facility and shall be occupied by youth division aides or youth counselors, as defined in Part 7433 of this Title.

(b) Supervisory visit shall mean:

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

(2) a personal visual inspection of all areas in each occupied individual occupancy unit by staff responsible for the care and custody of residents to maintain the safety, security, and good order of the facility.

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

(1) the continuous occupation of a security post within the living area when residents are actually present on the living area;

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

(3) the conducting of supervisory visits at intervals not to exceed 30 minutes; and

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

(d) General supervision shall mean:

(1) supervisory visits conducted at intervals not to exceed 30 minutes by staff who are responsible for the care and custody of residents when they are secured in their individual rooms; and

(2) the continuous occupation of a security post within a living area when occupied by residents.

(e) Constant supervision shall mean the uninterrupted personal visual observation of residents by facility staff responsible for the care and custody of residents. Facility staff shall provide continuous and direct supervision by occupying an assigned position in close proximity to the residents under supervision which shall provide staff with:

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

(2) the ability to immediately and directly intervene in response to situations or observed behaviors which threaten the safety, security, or health of residents, another person, or the good order of the facility.

(f) 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.

(g) Mechanical restraint shall mean any device used to immobilize or limit a resident's movement which such resident cannot remove. This does not include incidental restraint during transportation outside a secure facility and/or routine movement within a secure facility.

(h) Use of physical force shall mean physical intervention with a resident by staff to control behavior and enforce order, with or without the use of mechanical restrains.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7404.2

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018