N.Y. Comp. Codes R. & Regs. tit. 7 § 201.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201.2 - Procedures

(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.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 201.2