DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CCS-36-11-00007-P
Contraband Drugs
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend sections 1010.4(c) and 1010.6 of Title 7 NYCRR.
Statutory authority:
Correction Law, section 112
Subject:
Contraband Drugs.
Purpose:
To update the regulation in accordance with terminology that was revised in the associated internal management policy.
Text of proposed rule:
Amend subdivision 1010.4(c) as indicated below:
Section 1010.4. Procedure.
When a substance is found which is suspected of being a contraband drug, the following steps shall be taken.
(a) Place the substance in a sealed container and label it with the following information:
(1) date and time found;
(2) place where found; and
(3) name and badge number of the officer, security supervisor, executive team member with peace officer status or name and title of the employee (if civilian) finding the substance.
(b) Initiate a request for test of suspected contraband drugs (see section 1010.8[a] of this Part) to include details of circumstances leading to request. Each person handling the suspected substance shall make an appropriate notation on the form to document the action taken as well as the chain of custody of the substance until it is identified or, if applicable, placed in control of the Inspector General's narcotics staff or a police agency or the State Police laboratory.
(c) If the substance is not to be identified immediately, it shall be stored/secured in secure evidence drop box or the secure evidence [a locked contraband ]locker. [or other appropriate secure place with limited documented access.]
Amend section 1010.6 as follows:
Section 1010.6. Leftover drug substances.
Substances remaining after testing and/or disciplinary proceedings should be disposed of in accordance with NYSDOCS Departmental Directive #4910A, "Contraband/Evidence - Handling, Storage, and Disposition[Control of and Search for Contraband]."
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, NYS Department of Corrections and Community Supervision, The Harriman State Campus - Building 2, 1220 Washington Avenue, Albany, NY 12226-2050, (518) 457-4951, email: Rules@DOCCS.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Department of Corrections and Community Supervision has determined that no person is likely to object to the proposed action. The Department revised internal management policies (directives) for the handling, storage and disposition of contraband and evidence for the purpose of standardizing procedures and to improve accountability. The amendments to Part 1010 are being made to reflect the associated change in terminology for the place where evidence or contraband is to be stored, and it corrects the citation to the appropriate Departmental directive that governs the disposition of contraband. As such, the Department considers these changes to be technical or non-controversial in nature. See SAPA section 102(11)(c).
The Department’s authority resides in section 112 of Correction Law, which authorizes the Commissioner to promulgate rules and regulations for the management and control of the Department’s correctional facilities. See Correction Law § 112(1).
Job Impact Statement
A job impact statement is not submitted because this proposed rulemaking is updating terminology and correcting a policy citation. Therefore, it has no adverse impact on jobs or employment opportunities.
