N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.7

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

Section 167-2.7 - Strip search procedure

(a) Authorization.

(1) A facility director may order a strip search only where the facility director determines that there is reasonable suspicion to believe that a search would reveal contraband.

(2) The facility director shall order a strip search only after:

(i) other searches authorized by this Subpart have been unsuccessful or there is a reasonable basis not to attempt one or more of these searches;

(ii) there continues to be reasonable suspicion to believe that a search would reveal that the person possesses contraband; and

(iii) where the person to be searched is a volunteer or the employee of a contractor, the person has consented in writing to the conduct of a strip search.

(3) The facility director's order to conduct a strip search shall be documented in writing within 24 hours of a verbal order.

(4) Random strip searches are contrary to this Subpart and are prohibited.

(b) Execution of the strip search.

(1) Voluntary surrender of contraband. Prior to submitting to a strip search, a person shall be given an opportunity to voluntarily surrender any contraband in his/her possession.

(2) Supervision of the strip search.

(i) Employees. Strip searches of employees shall be supervised by a trained managerial/confidential employee, unless there is no such employee on duty. If a managerial/confidential employee is not on duty, the strip search will be supervised by a higher level employee than the person to be searched, who, if possible, will not be a member of the same bargaining unit as the employee to be searched.

(ii) Volunteers and contractors. Strip searches of volunteers and contractors shall be supervised by a trained senior youth division counselor (salary grade 21) or higher.

(iii) Gender. All staff supervising the search shall be of the same gender as the person to be searched.

(3) Conduct of the strip search.

(i) Same gender. Strip searches shall be conducted by trained staff of the same gender as the person to be searched. No more than one employee shall conduct the strip search.

(ii) Division employees. Strip searches of division employees shall be 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 conduct the search.

(iii) Volunteers and contractors. Strip searches of volunteers and contractors shall be conducted by a trained employee of the level of youth division aide or higher.

(4) Requested witnesses. The person to be searched may request the presence of a witness, or a representative of an employee organization. The search will proceed if the named witness is not available within a reasonable period of time.

(5) Place of search. Strip searches shall be conducted in areas which are clean, heated, ensure privacy and have a space to store clothing.

(6) Professional treatment. All persons subject to a strip search shall be treated in a professional and courteous manner.

(7) Prohibitions.

(i) Touching of any part of a person's body during a strip search is prohibited.

(ii) Requiring a person to assume postures which permit the visual inspection of the anal and genital areas is prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.7