New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth
Part 7305 - ADMISSIONS AND INTAKE
Section 7305.4 - Contraband confiscation
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Facility staff shall confiscate all contraband from youth admitted to the facility.
(b) As used in this section, the term contraband shall mean:
(c) All youth contraband confiscated by facility staff shall be inventoried and recorded in writing. Such inventory shall include:
(d) The youth shall verify by signing the inventory that such inventory is a complete and accurate itemization of such youth's confiscated contraband. If, for any reason, the youth is not able to verify, or refuses to verify, that such listing is accurate or complete by signing the inventory, such inventory shall be witnessed and signed by a second facility staff member. If, at a later time, such youth is able or willing to effect such signature, the youth shall be permitted to do so. The youth shall be given a copy of the signed inventory, and at least one copy shall be retained in the facility.
(e) Except as provided in subdivisions (g), (h) and (i) of this section, all youth contraband confiscated pursuant to this section shall be kept in a safe and secure area.
(f) The director shall establish and maintain accurate books of account with respect to any money confiscated as contraband pursuant to this Part.
(g) A youth may designate, in writing, persons to receive contraband confiscated pursuant to this section. Contraband shall be released to persons designated by the youth when:
(h) If a youth is not able to designate a person to receive contraband, or if the designee refuses to receive such contraband, and if such contraband cannot be stored within the facility because such storage may present a substantial facility health or sanitation threat, such contraband may, upon the order of the director, be destroyed. Any such order shall be in writing and shall state:
(i) Notwithstanding the provisions of this Part, the director shall not release any confiscated contraband, the possession of which may constitute an offense, to any person except appropriate law enforcement officials. Any such release shall be in writing and shall state: