reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7421 - Access To Legal Services › Section 7421.4 - Notary public

Current through Register Vol. 46, No. 28, July 10, 2024
Each secure facility shall make available the services of a
					 notary public to the residents within 72 hours after a resident's request for
					 notarization or attestation of their signature.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7421 - Access To Legal Services › Section 7421.5 - Limitation on legal services

Current through Register Vol. 46, No. 28, July 10, 2024
A resident's access to legal services, as defined in this
					 Part, shall not be denied, revoked or limited.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All Office of
				  Children and Family Services (OCFS) secure facility residents shall be entitled
				  to receive visits.
(b) Consistent
				  with the requirements of this Part, OCFS shall develop written policies and
				  procedures that govern visitation at each secure facility. These written
				  policies and procedures shall be reviewed annually and updated as
				  needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.2 - Visiting area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each secure
				  facility shall provide sufficient space for a visiting room or an area designed
				  to allow for physical contact between residents and their visitors.
(b) Each secure facility shall provide for
				  the proper storage of visitors' coats, handbags and other personal items not
				  allowed into the visiting area.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.3 - Availability of visits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  secure facility shall grant residents the right to receive visits, subject only
				  to the limitations pursuant to section
				  7422.7 
				  of this Part.
(b) The facility
				  director, or person acting in that capacity, shall establish and publish a
				  schedule of visitation that permits each resident to have the opportunity for
				  at least two hours of visitation per week.
(c) Residents shall be permitted to visit
				  more than one visitor at the same time, with the maximum number of visitors to
				  be determined by the facility director, or person acting in that
				  capacity.
(d) Each secure facility
				  shall provide information to visitors about transportation to the facility and
				  facilitate transportation between the facility and nearby public transit
				  terminals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.4 - Visitor identification and registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
				  Part, a resident shall be entitled to receive visitors only from their
				  immediate family, foster parent(s), legal counsel and representatives of the
				  Ombudsman's office. For the purpose of this Part, immediate family shall
				  include parents or legal guardians, grandparents, siblings, aunts, uncles,
				  children, and spouse. A prospective visitor who is under 18 years of age may be
				  restricted from visiting a resident if they are not accompanied by an approved
				  adult visitor.
(b) Each secure
				  facility shall verify the identity of each prospective visitor.
(c) At each secure facility staff shall
				  record the following information for each prospective visitor:
(1) the visitor's name;
(2) the date;
(3) the time of entry and the time of
				  exit;
(4) the name of the resident
				  to be visited; and
(5) the
				  visitor's relation to the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.5 - Contact visits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with subdivision (b) of this section, physical contact shall be
				  permitted between a resident and their visitors.
(b) Residents and their visitors shall be
				  required to conduct themselves in an appropriate manner and consistent with
				  reasonable standards of public decency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.6 - Visitation security and supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior and subsequent to each visit, all
				  residents shall be searched solely to verify that they are not in possession of
				  contraband.
(b) All prospective
				  visitors and any personal effects brought into the visiting area shall be
				  searched solely for contraband.
(c)
				  A search of the visiting area shall be conducted prior and subsequent to each
				  visiting period and such search shall be recorded.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.7 - Limitation of visitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, the visitation of a resident
				  with a particular visitor may be denied, revoked or limited only when it is
				  determined that such visitation would cause a threat to the safety, security or
				  good order of the facility or the safety, security or health of the resident or
				  be detrimental to the resident's treatment and rehabilitation
				  program.
(b) Any determination to
				  deny, revoke or limit a resident's visitation pursuant to this section shall be
				  made by the facility director, or person acting in that capacity, in writing,
				  and shall state the specific facts and reasons underlying such determination. A
				  copy of this determination shall be given to any person affected by the
				  determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7422 - Visitation › Section 7422.8 - Special visits

Current through Register Vol. 46, No. 28, July 10, 2024
Each secure facility shall implement procedures that govern
					 special visits and the conditions of such visits. Such visits shall include,
					 but not be limited to, visits from persons who have traveled long distances,
					 visits to hospitalized residents, visits to residents on modified services
					 program status, non-contact visits, and visits between residents and their
					 attorneys.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the Office of Children and Family Services
				  (OCFS) shall develop written policies and procedures that govern correspondence
				  and telephone usage at each secure facility. The written policies and
				  procedures shall be reviewed annually and updated as needed.
(b) Subject to the limitations of this Part,
				  residents are entitled to correspond with any person.
(c) There shall be no restriction upon
				  incoming or outgoing resident correspondence based upon:
(1) the amount of correspondence sent or
				  received; or
(2) the language,
				  (e.g., Spanish, Chinese), in which such correspondence is written.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.2 - Outgoing resident correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each secure facility shall make available to residents, at facility expense,
				  writing materials and first class postage for at least two one ounce pieces of
				  correspondence each week.
(b) Each
				  secure facility shall make available for purchase by residents both writing
				  materials and first class postage.
(c) Outgoing resident correspondence shall
				  bear at least the sender's first name, in addition to the first initial of
				  their last name, the name of the institution, and the institutional post office
				  box or street address in the upper left-hand corner of the envelope.
(d) Outgoing resident correspondence shall be
				  sealed by the resident in the presence of staff.
(e) Outgoing resident nonprivileged
				  correspondence shall not be opened or read except when the facility director,
				  or person acting in that capacity, determines there is reasonable suspicion to
				  believe that the contents of such correspondence endanger or threaten the
				  safety, security, or good order of the facility, or the safety, security, or
				  the health of another person.
(f) A
				  resident shall be notified in writing when their outgoing nonprivileged
				  correspondence is opened pursuant to this section.
(g) The facility director, or person acting
				  in that capacity, may delay notifying the resident regarding the specific facts
				  and reasons when such notification would endanger or threaten the safety,
				  security or good order of the facility, or the safety security, or the health
				  of another person. As soon as the danger no longer exists, the facility
				  director or person acting in that capacity shall immediately notify the
				  resident.
(h) All outgoing resident
				  correspondence shall be collected and forwarded to the United States Postal
				  Service at least once each business day.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.3 - Incoming resident correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Incoming resident correspondence, other than privileged correspondence, may be
				  opened and inspected outside the presence of the intended resident recipient
				  solely to ensure the absence of contraband.
(b) Incoming resident correspondence shall
				  not be read except pursuant to written order of the facility director, or
				  person acting in that capacity. Such written order shall state the specific
				  facts and reasons why such action is necessary to maintain the safety,
				  security, or good order of a facility, or the safety, security, or health of a
				  person.
(1) A copy of any order made pursuant
				  to this subdivision shall be forwarded by the facility director, or person
				  acting in that capacity, to the intended resident recipient unless doing so
				  would interfere with an ongoing investigation.
(2) A written record of correspondence read
				  pursuant to this subdivision shall be maintained. Such record shall include:
(i) the name of the sender;
(ii) the name of the intended resident
				  recipient;
(iii) the date the
				  correspondence was read; and
(iv)
				  the name of the reader.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.4 - Privileged incoming and outgoing correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this Part, privileged
				  correspondence shall mean correspondence to or from attorneys and individuals
				  under the direct supervision of attorneys, legal assistance agencies, and
				  individuals under the direct supervision of legal assistance agencies, courts,
				  the State Commission of Correction, other correction officials, local, State,
				  and Federal law enforcement agencies, and the ombudsman.
(b) Incoming privileged correspondence shall
				  not be opened and inspected for contraband except in the presence of the
				  recipient resident, unless doing so would interfere with an ongoing
				  investigation.
(c) Outgoing
				  privileged correspondence shall not be opened and inspected for contraband
				  except where the facility director or person acting in that capacity determines
				  there is reasonable suspicion to believe that the contents of such privileged
				  correspondence threaten the safety, security, or good order of the facility, or
				  the safety, security, or the health of a person. A resident shall be present
				  when their outgoing privileged correspondence is opened pursuant to this
				  subdivision.
(d) Incoming and
				  outgoing privileged correspondence shall not be read except where the facility
				  director, or person acting in that capacity, determines there is reasonable
				  suspicion to believe that the contents of such privileged correspondence
				  endanger or threaten the safety, security, or good order of the facility, or
				  the safety, security, or the health of a person. When the facility director, or
				  person acting in that capacity, makes such a determination, he or she shall
				  issue a written order which states the specific facts and reasons why such
				  action is necessary to maintain the safety and security of the facility, or the
				  safety and security of a person. The resident shall be present when their
				  incoming and outgoing privileged correspondence is read pursuant to this
				  subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.5 - Restrictions on correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall be deemed to prevent
					 the facility director, or person acting in that capacity, from establishing a
					 list of correspondents with whom residents shall be prohibited from
					 corresponding in order to protect the safety, security, or good order of the
					 facility, or the safety, security, or the health of a person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.6 - Contraband found in incoming resident correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this Part, the term contraband
				  shall include any item which constitutes a threat to the safety, security, or
				  good order of a facility, or the safety, security, or the health of a
				  person.
(b) Incoming resident
				  correspondence that is found to contain contraband shall be processed as
				  follows:
(1) when contraband found in
				  incoming resident correspondence may involve a criminal offense, the contraband
				  shall be forwarded to the facility director, or designee, for disposition in
				  accordance with facility procedures; and
(2) contraband found in incoming resident
				  correspondence that does not involve a criminal offense but has personal or
				  financial value, as determined by the facility director or designee, shall be
				  returned to the sender at the resident's expense or retained by the facility
				  for the resident. The disposition of such articles shall be inventoried and
				  recorded in writing.
(i) The facility
				  director, or designee, shall give written notice to the intended resident
				  recipient of any determination made pursuant to this paragraph. The written
				  notice shall include:
(a) the name and
				  address of the sender;
(b) the
				  nature of the contraband; and
(c) a
				  statement of the specific facts and reasons underlying the
				  determination.
(ii)
				  Subsequent to any determination made pursuant to this paragraph, the facility
				  director, of person acting in that capacity, shall, upon removal of the
				  contraband accompanying the correspondence, forward such correspondence to the
				  intended resident recipient.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7423 - Correspondence And Telephone › Section 7423.7 - Telephone policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, OCFS shall
					 develop policies and procedures that provide access to a telephone by
					 residents. These policies and procedures shall include, but not be limited
					 to:
(a) specific hours of telephone
				  availability;
(b) maximum number
				  and length of calls; and
(c) any
				  other limitations on telephone usage.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7424 - Nondiscriminatory Treatment › Section 7424.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of Children and Family Services (OCFS) shall
					 develop written policies and procedures designed to prevent the unlawful
					 discriminatory treatment of residents in any secure facility based upon race,
					 religion, nationality, sex, sexual orientation, age or political beliefs. The
					 areas addressed by such policies shall include, but shall not be limited to,
					 educational, religious, and vocational programs, work assignments,
					 classification, disciplinary and grievance decisions, and consideration for
					 program participation. These policies and procedures shall be reviewed annually
					 and updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7424 - Nondiscriminatory Treatment › Section 7424.2 - Non-English speaking residents

Current through Register Vol. 46, No. 28, July 10, 2024
Each secure facility shall employ procedures designed to
					 reasonably assure that non-English speaking residents understand all written
					 and oral communications from facility staff members, including, but not limited
					 to, orientation procedures, health services procedures, facility rules,
					 disciplinary procedures, and the provisions of this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the Office of Children and Family Services
				  (OCFS) shall develop written policies and procedures that allow for religious
				  observance at each secure facility. The written policy and procedures shall be
				  reviewed annually and updated as needed.
(b) Residents have a right to hold any
				  religious belief, and to be affiliated with any religious faith.
(c) Residents are entitled to exercise their
				  religious beliefs in a manner that does not constitute a threat to the safety,
				  security or good order of the facility, or the safety, security or health of
				  any person.
(d) No person shall be
				  permitted to proselytize to any resident of an OCFS secure facility.
(e) Consistent with the requirements of
				  subdivision (c) of this section, no resident shall be compelled to or dissuaded
				  from exercising any religious belief.
(f) Equal status and protection shall be
				  afforded all residents in the exercise of their religious beliefs except when
				  such exercise results in facility expenditures which are unreasonable or
				  disproportionate to those extended to other residents for similar
				  purposes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.2 - Supervision of residents exercising their religious beliefs

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of Part 7404 of this
					 Title, each OCFS secure facility shall maintain adequate supervision during the
					 exercise of religious beliefs by residents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.3 - Congregate religious activities

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of section
					 7425.1(c) 
					 of this Part, residents shall be permitted to congregate in an appropriate area
					 for the purpose of religious worship and other religious
					 activities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.4 - Religious advisors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
				  used in this Part, the term religious advisor shall mean a person whose
				  ecclesiastical credentials have been approved by the Bureau of Ministerial
				  Services.
(b) Religious advisors
				  shall be permitted to conduct congregate religious activities at least once per
				  week at a time approved by the facility director, or person acting in that
				  capacity.
(c) Consistent with the
				  requirements of section
				  7425.1(c) 
				  of this Part, residents shall be permitted confidential religious counseling on
				  a voluntary basis.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.5 - Celebration of religious holidays or festivals

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of section
					 7425.1(c) 
					 of this Part, residents shall be permitted to celebrate religious holidays or
					 festivals of the religious faith with which they are
					 affiliated.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.6 - Religious dietary laws

Current through Register Vol. 46, No. 28, July 10, 2024
Residents are entitled to observe reasonable dietary laws
					 established by their religion. Each facility shall provide residents with food
					 items reasonably sufficient to meet such religious dietary
					 laws.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.7 - Change of religion

Current through Register Vol. 46, No. 28, July 10, 2024
Residents who are under the age of 18 years shall be
					 permitted to change their religious affiliation only with the consent of the
					 resident's parent or legal guardian, and upon application to the Bureau of
					 Ministerial Services. Residents over the age of 18 years shall be permitted to
					 change their religious affiliation upon application to the Bureau of
					 Ministerial Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.8 - Religious articles

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of section
					 7425.1(c) 
					 of this Part, residents shall be entitled to wear and possess approved
					 religious articles during religious services and in their
					 rooms.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.9 - Recognition of a religious group or organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents' requests to exercise the
				  beliefs of religious groups or organizations not generally recognized shall be
				  made to the facility director, or person acting in that capacity, for referral
				  to the Bureau of Ministerial Services.
(b) In determining requests made pursuant to
				  subdivision (a) of this section, the Bureau of Ministerial Services shall
				  consider the following factors, among others, as indicating a religious
				  foundation for the belief:
(1) whether there
				  is substantial literature supporting the belief as stated to religious
				  principle;
(2) whether there is
				  formal, organized worship by a recognizable and cohesive group sharing the
				  belief;
(3) whether there is an
				  informal association of persons who share common ethical, moral, or
				  intellectual views supporting the belief; and
(4) whether the belief is deeply and
				  sincerely held by the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7425 - Religion › Section 7425.10 - Limitations on the exercise of religious beliefs

Current through Register Vol. 46, No. 28, July 10, 2024
Any determination made by the facility director, or person
					 acting in that capacity, to limit the exercise of the religious beliefs of any
					 resident shall be made in writing and shall state the specific facts and
					 reasons underlying such determination. A copy of this determination shall be
					 given to any person affected by the determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7426 - Commissary › Section 7426.1 - Commissary services

Current through Register Vol. 46, No. 28, July 10, 2024
Commissary services provided by the Office of Children and
					 Family Services (OCFS) at secure facilities shall be in accordance with the
					 requirements of section 517  of the
					 Executive Law, and all other applicable laws, statutes and
					 regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7427 - Access To Media › Section 7427.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the Office of Children and Family Services
				  (OCFS) shall develop written policies and procedures that govern the residents'
				  access to media and the media's access to the residents. The written policies
				  and procedures shall be reviewed annually and updated as needed.
(b) Consistent with the requirements of this
				  Part, residents and the media will have reasonable access to each other subject
				  only to limitations necessary to maintain the safety, security and good order
				  of the facility, to protect a resident's rights and a resident's treatment and
				  rehabilitation program. OCFS shall protect each resident's right to privacy and
				  guarantee the confidentiality of each resident under the care and custody of
				  OCFS.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7427 - Access To Media › Section 7427.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term media shall mean any printed
					 or electronic means of conveying information to any portion of the public, and
					 shall include, but is not limited to, newspapers, magazines, books, or other
					 publications, and licensed radio and television stations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7427 - Access To Media › Section 7427.3 - Access to media by residents

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall provide each resident reasonable access to the
					 media, subject only to the limitations necessary to maintain the safety,
					 security and good order of the facility, and to protect a resident's right to
					 privacy and a resident's treatment and rehabilitation
					 program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7427 - Access To Media › Section 7427.4 - Media's access to the residents

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS may grant representatives of the media access to the
					 facility consistent with preserving resident privacy and maintaining the
					 safety, security and good order of the facility and resident treatment and
					 rehabilitation programs. Any resident under the age of 18 years must have
					 written approval from a parent or legal guardian for contact with the
					 media.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7428 - Library Services › Section 7428.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the Office of Children and Family Services
				  (OCFS) shall require that each secure facility provide all residents with
				  regular access to library services.
(b) OCFS shall develop written policies and
				  procedures that govern library services at each secure facility. The written
				  policies and procedures shall be reviewed annually and updated as
				  needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7428 - Library Services › Section 7428.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term facility library shall mean
					 an area permanently designated within a secure facility that allows for the
					 adequate storage, organization and display of library
					 materials.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7428 - Library Services › Section 7428.3 - Facility library services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  secure facilities shall maintain a facility library in conformance with the
				  requirements of this Part.
(b)
				  Materials and services provided by each facility library shall include, but not
				  be limited to:
(1) materials which are
				  current and responsive to the educational, vocational, informational and
				  recreational interests and needs of the resident population at a variety of
				  ability levels;
(2) a reference
				  collection which consists of a non-circulating collection of books and other
				  related materials including, but not limited to, an almanac, dictionary and
				  encyclopedia;
(3) an orientation to
				  library services which includes, but is not limited to, instructions on library
				  procedures and the use of library resources such as informational tools or aids
				  to locate materials and facts in the library; and
(4) an inter-library loan service, where
				  available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7428 - Library Services › Section 7428.4 - Material selection in facility libraries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each secure facility shall use a
				  systematic approach to determine and meet the library service interests and
				  needs of the resident population, including those of non-English speaking
				  residents.
(b) Library materials
				  for each secure facility shall be acquired on a continual and planned
				  basis.
(c) Material that is
				  determined to pose a threat to the safety, security or good order of a facility
				  shall not be acquired or held for circulation by a secure facility.
(d) Each secure facility shall review all of
				  the materials selected for acquisition and provided by the facility library to
				  determine if such materials are a threat to the safety, security or good order
				  of the facility. A determination for denial shall be recorded by the facility
				  director or designee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7428 - Library Services › Section 7428.5 - Accessibility to facility library services

Current through Register Vol. 46, No. 28, July 10, 2024
Secure facility residents shall be provided the opportunity
					 to access the facility's library materials and services at least once a
					 week.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7428 - Library Services › Section 7428.6 - Library staff

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  librarian who administers and coordinates library services for the secure
				  facilities shall be responsible for:
(1) the
				  selection of materials and equipment as provided for in this Part;
(2) the management of each secure facility's
				  library services including, but not limited to, the organization of materials
				  and services, the budgetary process, long and short-range planning and
				  evaluation; and
(3) providing
				  assistance in the selection, training, and use of residents as library
				  clerks.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to provide for the safety, security, and good
					 order of all secure facilities, the Office of Children and Family Services
					 (OCFS) shall require that secure facility staff are oriented to safety and
					 security policies and procedures and trained to perform their duties and
					 responsibilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the terms youth division aide and
					 youth counselor shall mean secure facility staff whose primary duties and
					 responsibilities shall include, but are not limited to:
(a) resident observation;
(b) resident management; and
(c) resident supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.3 - Basic training requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Commencing no later than one year from the effective date
					 of this Part, OCFS shall require that, prior to assuming employment at a secure
					 facility, all youth division aides and youth counselors satisfactorily complete
					 a basic training program certified by the State Commission of Correction (the
					 commission) which shall include, but not be limited to:
(a) practical applications;
(b) pre and post tests; and
(c) a passing score on a written exam
				  approved by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.4 - Training certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  training programs offered to secure facility staff pursuant to section
				  7433.3 
				  of this Part shall be reviewed and certified every five years by the
				  commission.
(b) OCFS shall be
				  responsible for maintaining a centralized system of all certified academy
				  courses, staff training records, and instructor training records.
(c) All training instructors shall be
				  certified to instruct commission approved training programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.5 - Academy training records

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, OCFS shall
					 maintain current and accurate academy training records. These training records
					 shall include, but not be limited to:
(a) names of trainees;
(b) names of each training module;
(c) time and date of each training
				  module;
(d) names and records of
				  certification of each instructor; and
(e) exam results.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.6 - Training records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, OCFS shall maintain current and
				  accurate training records for all secure facility staff. Such training records
				  shall include, but not be limited to:
(1)
				  course title and description;
(2)
				  date, time and location of program;
(3) list of program participants;
				  and
(4) exam results.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7433 - Personnel Standards › Section 7433.7 - Orientation of staff new to a secure facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each secure facility shall provide a
				  formal standardized orientation program for all staff new to a secure
				  facility.
(b) Secure facility staff
				  orientation shall include, but not be limited to:
(1) applicable secure facility
				  operations;
(2) applicable security
				  policies and procedures;
(3)
				  confidentiality of resident information; and
(4) any other pertinent
				  information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7434 - Policy › Section 7434.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State
				  Commission of Correction (the commission) recognizes the need to provide a
				  mechanism by which the Office of Children and Family Services (OCFS) may apply
				  for a variance to the requirements of this Chapter when situations exist or
				  arise that would prevent or alter OCFS's ability to meet such requirement. The
				  commission shall grant such variances only under specified conditions and when
				  doing so will not jeopardize the safety, security, or good order of a secure
				  facility.
(b) Consistent with the
				  requirements of this Part, OCFS shall develop written policies and procedures
				  that govern the application process of obtaining variances for each secure
				  facility. These policies and procedures shall be reviewed annually and updated
				  as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7434 - Policy › Section 7434.2 - Conditions for applying for a variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner of OCFS may apply to the
				  commission for a variance to requirements of this Chapter when:
(1) compliance with a specific rule or
				  regulation cannot be achieved by the effective date of such rule or
				  regulation;
(2) due to a temporary
				  condition or situation, compliance with a specific rule or regulation cannot be
				  achieved; or
(3) compliance is to
				  be achieved in a manner other than that which is specified in such rule or
				  regulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7434 - Policy › Section 7434.3 - Application for a variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  application to the commission for a variance shall be made in writing by the
				  commissioner of OCFS.
(b) Such
				  application shall include:
(1) the specific
				  rule, regulation or provision that is the subject of the application;
(2) the specific reasons and facts supporting
				  OCFS's position that compliance with the specific rule and regulation cannot be
				  achieved; and
(3) the specific
				  plans, provisions and timetables for achieving full compliance with the rule or
				  regulation at issue, the time period for which the variance is requested, and
				  any other material that OCFS deems supportive of the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7434 - Policy › Section 7434.4 - Review of variance application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall review and issue a
				  written determination to the commissioner of OCFS on each variance application
				  which complies with the requirements of this Part.
(b) When a variance is granted, the
				  commission's determination shall specify:
(1)
				  the time period for which the variance is granted; and
(2) any special requirements or conditions
				  imposed as a condition of the variance.