Department of Corrections and Community Supervision

Rules & Regulations

Contraband Drugs (Section 1010 of 7 NYCRR)

Date filed with the Department of State (DOS): 08/23/2011

DOS #:CCS-36-11-00007

Date adopted:11/23/2011

Description: To update the regulation with new terminology that was revised in the Agency's internal policies.

TEXT OF RULE

The Department of Corrections and Community Supervision is amending 7 NYCRR Part 1010 as described below.

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]."

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

The complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website.