New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.5 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part:
(a) Correctional supervision history means
				records constituting disciplinary charges and dispositions, good behavior
				allowance reports, warrants and cancellations of warrants, legal papers, court
				orders, transportation orders, records of institutional transfers and changes
				in program assignments, reports of injury to inmates and records relating to
				inmate property including the personal property lists and postage account
				card.
(b) DCJS report means the
				summary case history prepared by the New York State Division of Criminal
				Justice Services.
(c) Department
				record means any record, statistic or other information collected, obtained and
				maintained by the department and information obtained in an official capacity
				by officers, employees or members thereof.
(d) Drug abuse and alcohol abuse records
				means those records relating to drug and alcohol abuse rehabilitation as
				defined in
				42
				USC 290 -dd-2 (1998) and
				42
				CFR 2.11(1995). The statute
				and regulation are incorporated by reference and are authored by the United
				States Department of Health and Human Services and published by the United
				States Government Printing Office, Washington, DC 20402. A copy is available
				for public inspection and copying at the Department of Correctional Services,
				Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050.
(e) Employee record means a department record
				pertaining to a departmental employee and constituting part of his personal
				history folder.
(f) Inmate means
				present or former inmate.
(g)
				Inmate record means a department record that pertains to an individual inmate.
				The documents and information contained in an inmate record include, but are
				not limited to, the commitment, the DCJS report, the presentence report as
				defined in C PL 390.30, the receiving blotter, personal history data, criminal
				history information, including correctional supervision history data, as
				defined in
				28
				CFR 20.3.
(h) Medical record means information that is
				created or received by a health care provider (including the department),
				health plan, public health authority, employer, life insurer, school or
				university, or health care clearinghouse, and relates to the past, present, or
				future physical or mental health or condition of an individual, the provision
				of health care to an individual, or the past, present, or future payment for
				the provision of health care to an individual. The definition of inmate medical
				record does not include a health and/or psychiatric record, as defined in
				Mental Hygiene Law, section
				33.13, created by or received from the New
				York State Office of Mental Health unless that record is physically
				incorporated into the Department of Correctional Services' medical
				record.
(i) Personal history means
				records consisting of inmate name, age, birthdate, birthplace, city of previous
				residence, physical description, occupation, correctional facilities in which
				the inmate has been incarcerated, commitment information and departmental
				actions regarding confinement and release.
(j) Workday means any day between the hours
				of 8 a.m. and 4 p.m., except Saturday, Sunday, a public holiday or a day on
				which the department is otherwise closed for general business.