Department of Corrections and Community Supervision

Rules & Regulations

Standards of Inmate Behavior, Rule Series 113, Contraband, Sections 270.2(b)(14)(xiv) and (xv) of 7NYCRR

Date filed with the Department of State (DOS): 12/10/2015

DOS #: CCS-52-15-00001-EP

Date adopted: 12/10/2015

Description: Provide clarification regarding the definition of a controlled substance and to test such substances that may found in correctional facilities for the presence of synthetic cannabinoids and other drugs due to the grave threat they pose in correctional facilities.

TEXT OF PROPOSED RULE

7 NYCRR, Section 270.2, Standards of Inmate Behavior

14. Rule Series 113 Contraband.

Amend Section 270.2 (B)(14)(xiv):

xiv. 113.24 An inmate shall not use or be under the influence of any Tier II, III narcotics or controlled substances unless prescribed by a health service provider and then only in the amount prescribed.

Note: For purposes of this rule, a controlled substance is any substance listed in § 3306 of the Public Health Law; § 812 of Title 21 of the United States Code; §1308.11 through 1308.15 of Title 21 of the Code of Federal Regulations; or § 9.1 of Title 10 NYCRR.

Amend Section 270.2 (B)(14)(xv):

xv. 113.25 An inmate shall not make, possess, sell or exchange any Tier II, III narcotic, narcotic paraphernalia, controlled substance or marijuana. An inmate shall not conspire with any person to introduce such items into the facility.

Note: For purposes of this rule, a controlled substance is any substance listed in § 3306 of the Public Health Law; § 812 of Title 21 of the United States Code; §1308.11 through 1308.15 of Title 21 of the Code of Federal Regulations; or § 9.1 of Title 10 NYCRR.

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 New and/or repealed rules are noted in the description heading at the top of the document.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.