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

§ 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 section two of this chapter, including a drug

treatment campus as defined in subdivision twenty of section two of this

chapter, or a local correctional facility as defined in subdivision

sixteen of 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 twenty-six of this

chapter or while confined at a drug treatment campus as defined in

subdivision twenty of 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 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 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.