Department of Corrections and Community Supervision

Rules & Regulations

Contraband Drugs (Sections 1010.4(c), (e), 1010.7, and 1010.8(a), (b) and (c) of 7 NYCRR)

Date filed with the Department of State (DOS): 6/25/2013

DOS #:CCS-28-13-00013

Date adopted:9/25/2013

Description:To make technical changes that include referencing an additional test that is available within the current NIK testing tool.

TEXT OF RULE

Amend subdivision (c) of section 1010.4 of 7 NYCRR, as follows:

(c) If the substance is not to be identified immediately, it shall be stored/secured in secure evidence drop box or the secure evidence locker in accordance with Directive #4910A, “Contraband/Evidence – Handling, Storage, and Disposition .

Amend subdivision (e) of section 1010.4 of 7 NYCRR, as follows: (e) If the substance has not been conclusively identified at the facility pharmacy, it shall be tested by the use of the narcotics identification kit (NIK®) manufactured by Public Safety, Inc. Always begin Polytesting with Test A and continue from test to test until a positive or negative result is obtained. Tests E, L, M, N, P, Q and R, and Bath Salts Test are exceptions to this rule and are designed as stand alone tests (see section 1010.8(b) of this Part).

Amend section 1010.7 of 7 NYCRR, as follows:
A positive test for suspected contraband drugs must be reported as an Unusual Incident in accordance with Directive #4004, “Unusual Incident Report,” when any one of the following conditions apply:
- A positive test result for cocaine, heroin, or marijuana, even if no perpetrator is identified.
- Any positive test result in which an inmate has been identified as a perpetrator of the incident.
- Any positive test result which results in the arrest of any individual, i.e., visitor, volunteer, contractor, employee, etc., by the department's Inspector General's office or any outside police agency.
Note: If the substance is tested by an outside agency, the Unusual Incident Report will be updated with the test results from an outside agency when the report is received by the facility.

Amend subdivision (a) of section 1010.8 of 7 NYCRR, by replacing Form #2080 with the current version as follows:

Form2080

Amend subdivision (b) of section 1010.8 of 7 NYCRR, by replacing Form #2081 with the current version as follows:

Form #2081

Amend subdivision (c) of section 1010.8 of 7 NYCRR, by the last sentence as follows:

Bath Salts Test Proprietary formula – for the presumptive identification of synthetic cathinones/MDPV (Methylenedioxypyrovalerone).

Note:

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.