N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.6

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

Section 167-2.6 - Routine and periodic searches

(a) The following searches may be conducted routinely and periodically:

(1) electronic searches; and

(2) pat/frisk searches.

(b) Any search which may be conducted routinely and periodically may also be conducted on a reasonable suspicion basis.

(c) Authorization, supervision and conduct of pat/frisk searches.

(1) Pat/frisk searches may be conducted only on the order of the facility director.

(2) Pat/frisk searches of persons other than employees shall be supervised and conducted by trained staff of the level of youth division aide or higher.

(3) Pat/frisk searches of employees shall be supervised and conducted by trained employees of a level higher than the employee to be searched, unless such staff are not on duty. If staff of a level higher than the employee to be searched are not on duty, other trained staff may supervise and conduct the search.

(4) Pat/frisk searches must be conducted by a trained employee of the same gender as the person to be searched.

(5) Prior to the conduct of a pat/frisk search, a person shall be given an opportunity to voluntarily surrender any contraband in his/her possession.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.6