New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter IV - Visitation
Part 201 - Visitation
Section 201.2 - Procedures
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 201.2
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Visitors.
(1) First-time visitors. First-time visitors
will be allowed to visit if proper identification is presented and if the
inmate to be visited agrees to the visit.
(2) Visitor record. A record of visitors for
each inmate and a record of each visit will be maintained. The department
visitor record will be updated as visitors register and are processed to visit
inmates. This record will be updated by security staff in the area where
visitors are processed.
(3)
Cross-visiting. Cross-visiting is the participation of two inmates in a visit
with one or more visitors. Cross-visiting is permitted with the approval of the
superintendent and, in the case of immediate family members, is to be
encouraged.
(i) Inmates wishing to
cross-visit must submit requests to their respective counselors at least one
month prior to the proposed visit.
(ii) Only persons who are on both inmates'
visiting lists may participate in cross-visits.
(iii) Cross-visiting may be limited when
necessary in order to accommodate all visitors.
(iv) Small children may play with each other
with the permission of their families provided that they are not
disruptive.
(v) When a cross-visit
is taking place, the two inmates may participate in a common
photograph.
(4) Visitors
under 18 years of age.
(i) All minors must be
escorted by an adult approved to visit or an adult in an official capacity with
proper identification and the approval of the superintendent, or his or her
designee, except as otherwise provided in subparagraphs (ii) through (vi) of
this paragraph. Such adult will be responsible for the behavior and conduct of
the minor while on facility property and for identification of the
minor.
(ii) Unmarried minors under
18 years of age, who are not accompanied by their parent or guardian, must have
prior written permission from their parent or guardian to visit an inmate. The
written permission may be mailed to the facility in advance or presented by the
accompanying adult at the time of the visit. The written permission must be
signed before a witness and contain a telephone number of both the parent or
guardian and the witness to permit staff to verify the permission at the time
of the visit.
(iii) Children of
inmates will be allowed to visit without prior written permission as long as no
court order prohibiting such visiting is on file with the facility.
(iv) Allowance will be made for inmates'
children 16 years of age and older to be admitted without escort.
(v) Married persons under 18 years of age who
are related to an inmate do not need the permission of a parent, guardian, or
an adult escort in order to visit an inmate; however, proof of age and marriage
will be required.
(vi) Special
arrangements approved by the superintendent of the facility may be made for
groups of children to be brought to the facility by an adult approved to visit
(e.g., Children's Center Program at Bedford Hills).
(5) Persons under probation or parole
supervision will be allowed to visit an inmate only with the prior permission
of the superintendent and the written permission of the person's probation or
parole officer.
(6) An inmate
released from any facility through the department's temporary release program
will be allowed to visit another correctional facility only with the prior
permission of both the superintendent of the facility from which the inmate is
temporarily released and the superintendent of the facility which the inmate
wishes to visit.
(7) Pending or
past criminal proceedings, ex-inmate status, or a person's status as a former
employee, contractor or volunteer, shall not solely disqualify such person from
visiting an inmate in a correctional facility, except as provided herein.
(i) The superintendent of a facility may deny
visiting privileges to such person by indicating in writing with specific
reasons if he or she determines that the visitor's presence poses a threat to
the security and good order of the facility. Criteria to be considered shall
include: the purpose of the proposed visit; the institutional adjustment of an
ex-inmate; the nature of a pending criminal proceeding against the visitor or
inmate; the time frame between release and the proposed visit; the
circumstances of separation from service of any prior employee, contractor or
volunteer; and any other articulable factors the superintendent identifies,
particularized to the visitor, the inmate and/or a facility or staff member,
that establishes or tends to establish that such visitor may pose a
threat.
(ii) Pending criminal
charges related to conduct at a correctional facility or involving an inmate
shall disqualify a person from visiting any department facility until the
charges are resolved (e.g., promoting prison contraband).
(8) If an inmate is in a facility hospital or
outside hospital, the inmate may be visited for limited periods of time by
persons on his visitor list, an attorney, or his duly authorized
representative, or visiting clergy. Such visits shall be subject to the
approval of the superintendent, the facility's health services director or the
inmate's doctor, and the visiting rules of the hospital.
(b) Conditions.
(1) No inmate is to be visited against his
will by any person including attorneys or their duly authorized representatives
or representatives of the news media.
(2) Visiting times.
(i) Unless a different schedule is approved
by the commissioner, at maximum security facilities visiting is allowed every
day of the year and at hours intended to encourage maximum visitation. At
medium and minimum security facilities, visiting is allowed on weekends and
holidays only. At work release facilities, only inmates held in restriction
status shall be allowed visitors. At Upstate and Southport correctional
facilities, visiting is allowed on weekends and holidays only and visits for
inmates confined to a special housing unit (SHU) are limited to one non-legal
visit per week. Visiting in special program units will be permitted on a
schedule approved by the commissioner, or his or her designee.
(ii) Except in cases of emergency, and except
for instances of denial, termination, term of suspension or indefinite
suspension of either a visitor's or inmate's visiting privileges under the
provisions of section
201.4
of this Part including any disciplinary disposition imposed under Chapter V of
this Title, the number, length, and frequency of visits by each visitor will be
limited only as necessary to accommodate all visitors who arrive during
scheduled visiting times. However, a superintendent may deny, limit, suspend
for a term, or indefinitely suspend visitation privileges of any inmate or
visitor under the provisions of section
201.4
of this Part if the superintendent has reasonable cause to believe that such
action is necessary to maintain the safety, security, and good order of the
facility.
(3) The
designated area or areas for visiting shall be specified and arranged to
provide as much space as practical, along with adequate heat, light, and
ventilation, convenient seating arrangements for both visitors and inmates,
lavatory facilities, and any other appropriate accommodations. In facilities
which have more than one visiting area, visiting room assignments may be made
based upon the inmate's program assignment, institutional adjustment, or
security risk level.
(4) The
superintendent will designate an area for confidential meetings which will
insure the privacy of conversations during professional visits of attorneys or
their duly authorized representatives or visiting clergy.
(5) The visiting room and the visiting room
lavatories will be searched before and after visiting to make certain that
nothing has been concealed therein which might be removed by visitors or
inmates.
(6) Inspection of an
inmate's person, clothing, and possessions will be made in accordance with
departmental directives concerning control of and search for
contraband.
(7) Superintendents may
modify department visiting rules to adjust to local conditions; however, no
modification may be imposed without the prior approval of the
commissioner.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.