N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.9

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

Section 167-2.9 - Contraband

(a) Seizing contraband. When contraband items are found in the possession of a person who is searched, these items must be turned over to the facility director immediately.

(b) Disposition of contraband. All contraband found as a result of a search shall be identified and recorded as follows:

(1) the property will be tagged and, if possible, sealed;

(2) the property will be described including the time, manner and location in which the procedure took place; and

(3) stored in a secured and locked area.

(c) Chain of custody. To maintain the chain of custody of contraband, logs must be kept in which the possession of each item is accounted for from the time the item is taken from the person searched until final disposition. Documentation shall include:

(1) the name of each person who handled the contraband from the time it is removed from the person who was searched;

(2) the date of initial storage of contraband;

(3) each removal from storage;

(4) the purpose of each removal from storage;

(5) return to storage;

(6) final disposition of the contraband; and

(7) each transfer to another person after removal.

(d) Illegal contraband. Notwithstanding the provisions of subdivisions (a) through (c) of this section, contraband, the possession of which may constitute an offense, other than the offense of introducing contraband into a facility, shall be turned over to appropriate law enforcement officials. Any such release shall be in writing and shall state:

(1) a description of the property released;

(2) the time and date of release;

(3) the name of the person from whom the property was confiscated;

(4) the name and organization of the official to whom the property was released; and

(5) the name of the staff who released the property to officials.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 167-2.9