§ 120 — Custody and supervision of persons in correctional facilities

§ 120. Custody and supervision of persons in correctional facilities.\n1. Except as provided in subdivisions two, three and four of this\nsection, the duty of maintaining the custody and supervision of persons\ndetained or confined in a correctional facility as defined in\nsubdivision four of section two of this chapter, including a drug\ntreatment campus as defined in subdivision twenty of section two of this\nchapter, or a local correctional facility as defined in subdivision\nsixteen of section two of this chapter shall be performed solely by\npolice officers designated in paragraph (a), (b), (c), (d), (e), (g),\n(j) or (m) of subdivision thirty-four of section 1.20 of the criminal\nprocedure law or peace officers designated in subdivision twenty-five of\nsection 2.10 of the criminal procedure law, which persons, whether\nemployed full-time or part-time, shall be in the competitive,\nnon-competitive or exempt class of the civil service of New York state\nas determined by state law or by the state or applicable local civil\nservice commission.\n 2. Nothing in this section shall limit in any way the authority of the\ncommissioner, or any county or the city of New York, to enter into any\ncontract authorized by subdivision eighteen of section two, section\nseventy-two-a, section seventy-three, section ninety-five, article\nfive-A or article twenty-six of this chapter, or to limit the\nresponsibility of the department of corrections and community\nsupervision to supervise incarcerated individuals or persons released to\ncommunity supervision while away from an institution pursuant to section\nseventy-two-a, section seventy-three or article twenty-six of this\nchapter or while confined at a drug treatment campus as defined in\nsubdivision twenty of section two of this chapter.\n 3. Subdivision one of this section shall be inapplicable to any person\nwho is or may be employed in a correctional facility as defined in\nsubdivision four of section two of this chapter or a local correctional\nfacility as defined in subdivision sixteen of section two of this\nchapter or who contracts or may contract to provide services at such a\ncorrectional facility, who, in either case, is (a) not a correction\nofficer or deputy sheriff, and (b) does not have, as their primary job\nresponsibility, the duty of maintaining the supervision of persons\ndetained or confined in a correctional facility but who provides such\nsupervision as a secondary, ancillary or incidental part of their\nprimary employment responsibilities. An employee who meets the criteria\nprovided by paragraphs (a) and (b) of this subdivision may include, but\nnot be limited to, food service, janitorial or maintenance staff of such\na correctional facility or persons who provide health care, substance\nabuse treatment, counseling, religious, educational or vocational\nservices at such a correctional facility.\n 4. Nothing in this section shall preclude an elected or appointed\nsheriff, the commissioner of correction of the city of New York, the\ncommissioner of the Westchester county department of correction, or any\nother municipal official in the unclassified service, as determined by\nstate law or by the state or applicable local civil service commission,\nfrom maintaining the custody and supervision of persons detained or\nconfined in a local correctional facility as defined in subdivision\nsixteen of section two of this chapter. Provided further that nothing in\nthis section shall be construed to limit or affect the existing\nauthority of the mayor of the city of New York and the commissioner of\nthe department of correction of the city of New York to appoint\nnon-uniformed persons whose duties include overall security of the\ndepartment of correction of the city of New York to positions of\nauthority.\n