N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.8

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

Section 167-2.8 - Recordkeeping

(a) All searches. If contraband is found as a result of a search, an unusual incident report shall be generated which shall state the circumstances of the search and identify the contraband seized. The deputy director of residential services shall notify the division's deputy inspector general of the discovery of contraband.

(b) All searches of persons based upon reasonable suspicion.

(1) All searches of persons based upon reasonable suspicion shall be recorded. Such record shall include:

(i) the name and title of the person subject to search;

(ii) the date and time of the search;

(iii) the information used to determine that reasonable suspicion exists;

(iv) the name of the facility director ordering the search;

(v) the date and time of the facility director's order to conduct the search;

(vi) the name and title of all persons conducting and supervising the search;

(vii) the name and title of all witnesses present at the search;

(viii) the results of the search, including a list of contraband items found or a statement that no contraband items were found; and

(ix) the disposition of contraband items.

(2) A copy of this strip search or reasonable suspicion pat/frisk search statement shall be provided to the person searched and, if an employee so requests, the union representative, within one working day of the date of the request. A copy of this statement shall be sent by the facility director to the deputy director of residential services within one working day of the date of the search.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.8