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.