N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 167-2.3 - Definitions

For the purposes of this Subpart, the term:

(a) Contraband shall mean those articles:

(1) the possession of which is prohibited under laws applicable to the general public (for example, illegal drugs);

(2) which are readily capable of being used to cause death or serious physical injury including, but not limited to, firearms, cartridges, knives, or explosives;

(3) which are prohibited in writing by the division; or

(4) which cannot be possessed by a resident without authorization and which are introduced into a facility with an intent to transfer such articles to a resident without the permission of the facility director.

(b) Electronic search shall mean an inspection which is conducted by metal detector or other form of electronic device to locate objects on the body or in packages, personal effects or belongings.

(c) Lock box shall mean a secure box designated for an employee's use to secure items which are contraband for residents.

(d) Package and bag search shall mean the emptying of pockets and opening of bags and parcels for inspection.

(e) Pat/frisk search shall mean an inspection done over clothing. Persons are required to remove outer clothing such as coats, hats and shoes and to empty pockets. All garments and articles are searched carefully including pants cuffs, sleeve cuffs and waistbands. The mouth, nose, ears and hair are visually inspected.

(f) Reasonable suspicion shall mean that amount of knowledge sufficient to induce an ordinarily prudent and cautious person to act under the circumstances. Reasonable suspicion must be directed at a specific person and be based on specific and articulable facts and the logical inferences and deductions which can be drawn from those facts. Examples of reasonable suspicion include, but are not limited to, the following:

--Facility director Doe receives information from two staff that staff X is bringing marijuana into the facility on a certain day. One of the informing staff has given reliable information in the past. There is reasonable suspicion to justify a search of staff X.

--Resident Jones informs facility director Doe that staff X is helping resident Smith to escape from the facility. Another staff confirms this with additional information that X is bringing drugs and a hacksaw on a certain date. There is reasonable suspicion to justify a search of staff X.

--Facility director Doe receives general rumors from staff and a resident informant that staff X is bringing contraband into the facility. Further, the facility director received the same general information from another resident who was an informant for him at another facility. Finally, contraband had been discovered at the facility. There is reasonable suspicion to justify a search of staff X.

--Resident Jones gives information to the division that staff X is bringing drugs into the facility. There is no evidence that this resident had a history of providing reliable information in the past. Further, there is no corroborating evidence. There is NO reasonable suspicion to justify a search of staff X.

The division will not search a specified person or perform a lock box search based solely on the information of anonymous sources, unless:

(1) the information is corroborated by a reliable or credible source; or

(2) the information received indicates that there is an immediate danger to persons or property.

(g) Strip search shall mean an inspection of the naked body of a person and an inspection of the person's clothing and personal effects.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.3