N.Y. Correction Law Section 120
Custody and supervision of persons in correctional facilities


1.

Except as provided in subdivisions two, three and four of this section, the duty of maintaining the custody and supervision of persons detained or confined in a correctional facility as defined in subdivision four of § 2 (Definitions)section two of this chapter, including a drug treatment campus as defined in subdivision twenty of § 2 (Definitions)section two of this chapter, or a local correctional facility as defined in subdivision sixteen of § 2 (Definitions)section two of this chapter shall be performed solely by police officers designated in paragraph (a), (b), (c), (d), (e), (g), (j) or (m) of subdivision thirty-four of section 1.20 of the criminal procedure law or peace officers designated in subdivision twenty-five of section 2.10 of the criminal procedure law, which persons, whether employed full-time or part-time, shall be in the competitive, non-competitive or exempt class of the civil service of New York state as determined by state law or by the state or applicable local civil service commission.

2.

Nothing in this section shall limit in any way the authority of the commissioner, or any county or the city of New York, to enter into any contract authorized by subdivision eighteen of section two, section seventy-two-a, section seventy-three, section ninety-five, article five-A or article twenty-six of this chapter, or to limit the responsibility of the department of corrections and community supervision to supervise incarcerated individuals or persons released to community supervision while away from an institution pursuant to section seventy-two-a, section seventy-three or article 26 (Temporary Release Programs For State Correctional Institutions)article twenty-six of this chapter or while confined at a drug treatment campus as defined in subdivision twenty of § 2 (Definitions)section two of this chapter.

3.

Subdivision one of this section shall be inapplicable to any person who is or may be employed in a correctional facility as defined in subdivision four of section two of this chapter or a local correctional facility as defined in subdivision sixteen of § 2 (Definitions)section two of this chapter or who contracts or may contract to provide services at such a correctional facility, who, in either case, is (a) not a correction officer or deputy sheriff, and

(b)

does not have, as their primary job responsibility, the duty of maintaining the supervision of persons detained or confined in a correctional facility but who provides such supervision as a secondary, ancillary or incidental part of their primary employment responsibilities. An employee who meets the criteria provided by paragraphs (a) and (b) of this subdivision may include, but not be limited to, food service, janitorial or maintenance staff of such a correctional facility or persons who provide health care, substance abuse treatment, counseling, religious, educational or vocational services at such a correctional facility.

4.

Nothing in this section shall preclude an elected or appointed sheriff, the commissioner of correction of the city of New York, the commissioner of the Westchester county department of correction, or any other municipal official in the unclassified service, as determined by state law or by the state or applicable local civil service commission, from maintaining the custody and supervision of persons detained or confined in a local correctional facility as defined in subdivision sixteen of § 2 (Definitions)section two of this chapter. Provided further that nothing in this section shall be construed to limit or affect the existing authority of the mayor of the city of New York and the commissioner of the department of correction of the city of New York to appoint non-uniformed persons whose duties include overall security of the department of correction of the city of New York to positions of authority.

Source: Section 120 — Custody and supervision of persons in correctional facilities, https://www.­nysenate.­gov/legislation/laws/COR/120 (updated Aug. 13, 2021; accessed Dec. 21, 2024).

112
Powers and duties of commissioner relating to correctional facilities and community supervision
113
Absence of incarcerated individual for funeral and deathbed visits authorized
114
Rehabilitation programs for women
115
Fiscal accounts and records
116
incarcerated individuals’ funds
117
Estimates of expenses
118
Custody and supervision of persons in Westchester county correctional facilities
119
Daily report concerning incarcerated individuals
120
Custody and supervision of persons in correctional facilities
121
Private ownership or operation of correctional facilities
122
Control of fiscal transactions and recovery of debts
125
Incarcerated individuals’ money, clothing and other property
126
Punishment of superintendent for neglect of duty
130
Custody of incarcerated individual sentenced to death and commuted by governor
132
Retaking of an escaped incarcerated individual
133
Superintendent to report concerning incarcerated individual believed mentally ill when crime was committed
134
Religious dietary requirements
136
Correctional education
137
Program of treatment, control, discipline at correctional facilities
138
Institutional rules and regulations for incarcerated individuals at all correctional facilities
138‑A
Notification of visitation policies
139
Grievance procedures
140
Provision for routine medical, dental and mental health services and treatment
141
Contagious disease in facility
142
Fire in facility
143
Custody of persons convicted of crimes against the United States
146
Persons authorized to visit correctional facilities
147
Noncitizen incarcerated individuals of correctional facilities
148
Psychiatric and diagnostic clinics
149
Released incarcerated individuals

Accessed:
Dec. 21, 2024

Last modified:
Aug. 13, 2021

§ 120’s source at nysenate​.gov

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