reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 100 - DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES › Section 100.125 - Bare Hill Correctional Facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be in the department an
				institution to be known as Bare Hill Correctional Facility, which shall be
				located in the Town of Malone in Franklin County and which shall consist of
				property under the jurisdiction of the department.
(b) Bare Hill Correctional Facility shall be
				a correctional facility for males 18 years of age or older.
(c) Bare Hill Correctional Facility shall be
				classified as a medium security facility, to be used for the following
				functions:
(1) general confinement facility;
				and
(2) alcohol and substance abuse
				treatment facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 100 - DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES › Section 100.127 - Livingston Correctional Facility (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 100 - DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES › Section 100.128 - Gowanda Correctional Facility (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 100 - DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES › Section 100.129 - Upstate Correctional Facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be in the department an
				institution to be known as Upstate Correctional Facility which shall be located
				in the Town of Malone in Franklin County and which shall consist of property
				under the jurisdiction of the department.
(b) Upstate Correctional Facility shall be a
				correctional facility for males 18 years of age or older; provided, however,
				that males between the ages of 18 and 21 may be placed therein in accordance
				with Part 110 of this Title.
(c)
				Upstate Correctional Facility shall be classified as a maximum security
				facility, to be used as a general confinement facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 100 - DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES › Section 100.130 - Five Points Correctional Facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be in the department an
				institution to be known as Five Points Correctional Facility which shall be
				located in the Town of Romulus in Seneca County and which shall consist of
				property under the jurisdiction of the department.
(b) Five Points Correctional Facility shall
				be a correctional facility for males 18 years of age or older.
(c) Five Points Correctional Facility shall
				be classified as a maximum security facility, to be used as a general
				confinement facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.1 - Orders designating department of correctional services receiving institutions

Current through Register Vol. 46, No. 28, July 10, 2024
Persons who are committed, transferred, certified to or
				  placed in the care or custody of the Department of Correctional Services are to
				  be delivered to the institutions designated in sections
				  103.5
				  through 103.45  of this Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.5 - Males under 21 at time sentence is imposed

Current through Register Vol. 46, No. 28, July 10, 2024
Every male person committed to the custody of the department
				  under an indeterminate or a reformatory sentence of imprisonment from all
				  judicial districts of the State, who are between the ages of 16 and 21 at the
				  time sentence is imposed, shall be delivered to the Reception Center at Elmira,
				  located at Elmira, New York.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.10 - Males over 21 at time sentence is imposed

Current through Register Vol. 46, No. 28, July 10, 2024
Every male person committed to the custody of the department
				  under an indeterminate sentence of imprisonment imposed on or after his 21st
				  birthday shall be delivered to one of the following correctional
				  facilities:
(a) Wende Correctional
				Facility, located at Alden, New York.
(b) Clinton Correctional Facility, located at
				Dannemora, New York.
(c) Downstate
				Correctional Facility in the Town of Fishkill, in Dutchess County, New
				York.
(d) Such persons shall be
				committed to the above facilities as designated by written order of the
				commissioner filed with the clerk of each court having jurisdiction to commit
				persons to the custody of the department.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.15 - Females sentenced by courts to the department

Current through Register Vol. 46, No. 28, July 10, 2024
Every female person committed to the custody of the
				  department, under a sentence of imprisonment by any court in the State, shall
				  be delivered to the Bedford Hills Correctional Facility located at Bedford
				  Hills, New York.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.20 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.25 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.30 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.31 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.35 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.40 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.45 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 103 - Orders Designating Institutions To Which Persons Committed To Custody Of The State Department Of Correctional Services Are To Be Delivered › Section 103.50 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 104 - Orders Designating Institutions To Which Persons Returned To Institutions Under Jurisdiction Of State Department Of Correctional Services For Violation Of Parole Or Conditional Or Other Release Are To Be Delivered › Section 104.1 - Male parole and conditional release violators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivisions (b)
				and (c) of this section, any male person to be returned to an institution under
				the jurisdiction of the department for violation of parole or conditional or
				other release may be delivered to any of the following correctional facilities:
(1) Attica Correctional Facility;
(2) Auburn Correctional Facility;
(3) Clinton Correctional Facility;
(4) Great Meadow Correctional
				Facility;
(5) Green Haven
				Correctional Facility;
(6) Elmira
				Correctional Facility;
(7)
				Downstate Correctional Facility;
(8) Ossining Correctional Facility;
(9) Queensboro Correctional Facility;
				or
(10) Wende Correctional
				Facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 104 - Orders Designating Institutions To Which Persons Returned To Institutions Under Jurisdiction Of State Department Of Correctional Services For Violation Of Parole Or Conditional Or Other Release Are To Be Delivered › Section 104.2 - Female parole and conditional release violators

Current through Register Vol. 46, No. 28, July 10, 2024
Any female person to be returned to an institution under the
				  jurisdiction of the department for violation of parole or conditional or other
				  release is to be returned to the Bedford Hills Correctional Facility or the
				  Bayview Correctional Facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 104 - Orders Designating Institutions To Which Persons Returned To Institutions Under Jurisdiction Of State Department Of Correctional Services For Violation Of Parole Or Conditional Or Other Release Are To Be Delivered › Section 104.3 - Transfer of parole and conditional release violators

Current through Register Vol. 46, No. 28, July 10, 2024
Persons returned to institutions under the jurisdiction of
				  the department for violation of parole or conditional or other release who are
				  not suited to programs administered in the institutions to which they have been
				  delivered shall be transferred to appropriate institutions, authorized to
				  receive them, as soon as practicable.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 105 - DESIGNATION AND CLASSIFICATION OF DRUG TREATMENT CAMPUSES (REPEALED) › Section 105.1 - Willard Drug Treatment Campus (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 110 - Interpretation Of Age Range Provisions › Section 110.1 - Interpretation of age range provisions set forth in this chapter

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The age ranges
				set forth in this Chapter are basically indicators of inmate maturity level. In
				any case where an inmate is not within the age range specified for an
				institution, such inmate may nevertheless be confined therein upon specific
				written approval of the Director of Classification and Movement or his designee
				if said institution is deemed appropriate for the inmate's supervision or
				offers a program that can be of benefit to the health, care or rehabilitation
				of the inmate.
(b) Wherever the age
				range of persons who may be confined in an institution is specified in this
				Chapter, the following rules of interpretation shall apply:
(1) The age specifications are keyed to
				birthdates and a person no longer falls within the range specified when he has
				attained the oldest age set forth in the range. (For example, a person who has
				reached his 18th birthday shall not be considered to be between 16 and 18 years
				of age);
(2) Except in the case of
				reception centers, the age specifications are keyed to age as of admission to
				an institution, and an inmate who is admitted to an institution while within
				the age range specified in this Chapter may be confined therein notwithstanding
				the fact that he is older than the age range specified for the institution;
				and
(3) In the case of reception
				centers, the age specifications are keyed to age as of the date the sentence of
				imprisonment was imposed.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 130 - Transfer Of Foreign Nationals › Section 130.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
				this regulation is to provide a uniform procedure for voluntary transfer of
				incarcerated foreign nationals to home countries under treaty arrangements with
				the U.S. Government and in accordance with New York State Correction
				Law.
(b) Correction Law, section
				5(4) authorizes the
				commissioner to convert the sentence of a person serving an indeterminate
				sentence, except for a person serving a sentence with a maximum term of life
				imprisonment, to a determinate sentence equal to two-thirds of the maximum or
				aggregate maximum term imposed where such conversion is necessary to make the
				person eligible for transfer to Federal custody for transfer to foreign
				countries under treaties that provide for voluntary transfers.
(c) Correction Law, section
				71 confers on the commissioner, or designee,
				the sole and absolute authority to approve or disapprove an inmate's
				application for international transfer. Nothing herein shall be construed to
				confer upon any inmate a right to be transferred to the custody of a foreign
				nation.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT › Part 130 - Transfer Of Foreign Nationals › Section 130.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reception.
				Newly received inmates who are identified as foreign nationals of treaty
				nations shall, as part of the reception process, be advised of the existence of
				prisoner transfer treaties and the possibility of the initiation of a transfer
				request.
(b) Law libraries. To
				inform all prisoners who are citizens of another country, each general
				confinement facility law library shall contain:
(1) a copy of this regulation and New York
				State Correction Law;
(2) a listing
				of nations that have prisoner transfer treaties with the United
				States;
(3) the most recent Amnesty
				International report describing prison conditions in each treaty
				nation;
(4) other information on
				prison conditions in treaty nations published by the United Nations, the U.S.
				Department of State, or human rights organizations, if available; and
(5) to the extent practicable, information on
				each treaty nation's provisions for the reduction of terms of sentence, or a
				listing of officials in the U.S. Department of Justice or the embassy of the
				foreign country to whom an inmate may write for information.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 200 - Entrance To A Correctional Facility › Section 200.3 - Unauthorized items/contraband

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Contraband is defined as:
(1) any article or
				thing the possession of which would constitute an offense under any law
				applicable to the public;
(2) any
				article or thing which is readily capable of being used to cause death or
				serious physical injury, including but not limited to a hand gun, shoulder gun,
				cartridge, knife, explosive, or dangerous drug (including marijuana);
(3) any article or thing that is introduced
				into a correctional facility under circumstances showing an intent to transfer
				same to an inmate without the permission of the superintendent or his designee;
				or
(4) any article or thing that is
				not specifically authorized to be possessed by an inmate in a State
				correctional facility pursuant to the rules of the department or the local
				rules of the facility. Money and identifying documents are among the items
				inmates are not permitted to possess. (See section
				270.2[B]
				[14]  of this Title, "Standards of inmate
				behavior, rule series 113 contraband.")
Note: The visitor's intent shall be controlling. At times,
				  innocent oversights will occur (e.g., medication). Officers should use their
				  discretion in judging a visitor's intent, when undeclared contraband is found,
				  as to whether the visitor intentionally attempted to introduce contraband into
				  the facility. Criteria to be considered include the visitor's demeanor, whether
				  it appears that the contraband was for the visitor's personal use and was
				  inadvertently left his/her pocket or handbag, and whether an effort was made to
				  conceal the contraband where it would not readily be found and the visitor's
				  past history.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 201 - Visitation › Section 201.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Appropriate participation in the inmate visitor program
				  provides inmates under custody of the New York State Department of Corrections
				  and Community Supervision an opportunity to maintain relationships with friends
				  and relatives and to promote better community adjustment upon release. Contact
				  with persons from the outside provides all offenders emotional support in
				  adjusting to the prison environment. This regulation sets forth the
				  requirements of the inmate visitor program, provides for a uniform manner for
				  the operation of the inmate visitor program, and provides guidance for
				  department staff, inmates, and visitors to correctional facilities under the
				  jurisdiction of the Department of Correction and Community
				  Supervision.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 201 - Visitation › Section 201.3 - Guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmates and
				their authorized visitors shall abide by the visiting rules and regulations,
				posted facility rules, and the instructions and guidelines given by facility
				staff. The department shall maintain on its website the full text of Part 200
				of this Title and this Part.
(b)
				Violation of visiting rules and regulations, posted facility rules or
				instructions by staff by either an inmate or visitor may result in the denial
				or termination of a visit and the term of suspension or indefinite suspension
				of future visits under the provisions of section
				201.4 
				of this Part.
(c) Inmates and
				visitors shall not be permitted to leave the visiting area together. The inmate
				must be accounted for by the visiting room officer prior to permitting the
				visitor to leave the facility. Visitors may be detained until the inmate is
				secured.
(d) Exchange or review of
				items. During visits, inmates and visitors are not authorized to exchange or
				share any items without prior approval of the area sergeant.
(1) In general, the following items may be
				reviewed and exchanged: only personal legal papers, the Bible and Koran and
				similar religious writing, and personal photographs (excluding Polaroid
				photographs) after the materials have been examined for contraband by facility
				security personnel.
(2) If a
				visitor wishes to leave any materials with the inmate that the visitor brought
				into the visiting area, or to remove materials brought into the visiting area
				by the inmate, the exchange must take place through the package room.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 201 - Visitation › Section 201.4 - Termination, term of suspension and indefinite suspension

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
Pursuant to the procedures set forth in this section, a
				  superintendent may deny, limit, suspend for a term or indefinitely suspend the
				  visitation privileges of any visitor if the superintendent has reasonable cause
				  to believe that such action is necessary to maintain the safety, security, and
				  good order of the facility. A loss of visiting privileges may be imposed for an
				  inmate pursuant to the procedures for implementing the standards of inmate
				  behavior under Chapter V of this Title and as set forth in subdivision (d) of
				  this section.
(1) A visit may be
				terminated at the discretion of the superintendent or his or her designee if
				objectionable behavior is displayed during such visit.
(i) Objectionable behavior may consist of
				loud, abusive, or boisterous actions, disruptive behavior, or sexual activities
				which constitute unacceptable physical contact. Facility staff supervising
				visiting areas should give inmates and visitors instructions on proper behavior
				and admonitions if they observe improper behavior prior to giving out an
				official warning.
(ii) Before
				termination of a visit, a verbal warning must be issued by the visiting room
				officer to the visitor and the inmate that the objectionable behavior is
				prohibited and that failure to cease such behavior will result in termination
				of the visit. Such warning will be noted on the visitor's record.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 201 - Visitation › Section 201.6 - Reconsideration of suspension in excess of two years

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event a visitor or inmate's
				visiting privileges have been suspended for a term over two years or
				indefinitely suspended, such person may request a reconsideration at any time
				after it has been in effect for one year, and on an annual basis thereafter, by
				writing to the superintendent of the facility housing the inmate to be
				visited.
(b) The superintendent
				shall evaluate such a request to determine if any factors exist that warrant a
				modification so as to permit visitation to resume at a specific time in the
				future. The criteria to be considered are:
(1) the inmate's institutional
				record;
(2) showing of special
				circumstances (e.g., age of visitor or inmate, serious illness,
				etc.);
(3) length of inmate's
				unserved sentence; and
(4) past
				history of violations; and
(5)
				other good cause factors.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.1 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
The Family Reunion Program (FRP) is designed to provide
				  approved incarcerated individuals and their families the opportunity to meet
				  for an extended period of time in privacy. The goal of the program is to
				  preserve, enhance and strengthen family ties that have been disrupted as a
				  result of incarceration.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.2 - Right to Apply

Current through Register Vol. 46, No. 28, July 10, 2024
Any incarcerated individual has the right to submit an
				  application for participation in the FRP, if that incarcerated individual's
				  current facility of residence offers the program and/or the applicant has not
				  been denied participation by central office. Once an incarcerated individual is
				  denied participation via appeal, no additional/subsequent applications will be
				  accepted for a minimum period of two years. Once the incarcerated individual
				  completes the two-year period of ineligibility, an FRP application can be
				  submitted, if the incarcerated individual meets the basic eligibility
				  standards. Eligibility for the FRP is to be determined during the processing of
				  the incarcerated individual's application. The date the application is received
				  and date-stamped by the FRP offender rehabilitation coordinator (ORC) will be
				  considered the application date. The incarcerated individual is responsible for
				  the accuracy of the information provided on the application. Incomplete or
				  inaccurate applications will be returned to the incarcerated individual, and
				  the incarcerated individual may then submit a new application with the complete
				  and accurate information. Modifications or revisions to an application or
				  appeal are not allowed. Multiple applications or appeals will not be
				  accepted.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.3 - Reasonable Accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Disabled incarcerated individuals and disabled visitors may request reasonable
				accommodations. Such incarcerated individuals shall utilize policies as
				outlined in department directives that outline reasonable accommodations for
				incarcerated persons with disabilities or sensorial disabilities. A written
				request from the visitor for reasonable accommodations must be forwarded to the
				FRP ORC. Such a request will be reviewed by the superintendent and the
				Americans with Disabilities Act coordinator. The reviews will be conducted in
				accordance with Titles II and III of the Americans with Disabilities Act. The
				FRP decision will be determined after the reasonable accommodation request is
				complete. Reasonable accommodation approval does not imply approval for
				participation in the FRP.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.4 - Incarcerated Individual Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preconditions. An Incarcerated Individual
				must meet the following preconditions to be eligible to participate in the FRP:
(1) Time.
(i) New Incarcerated Individual: The
				Incarcerated Individual has been in the department's custody for at least six
				months, excluding initial reception, and is at the time of application a
				resident of a facility that offers the program.
(ii) Transferred Incarcerated Individual: An
				Incarcerated Individual who has successfully participated in the FRP at one
				facility and is transferred to another facility where the program is offered
				may apply immediately for participation. An incarcerated individual who has not
				participated at his or her previous facility must wait 30 days to apply for the
				program. This will give the incarcerated individual time to have an assessment
				at the new facility.
(iii) If an
				incarcerated individual is within 90 days to an approved release date, an
				application will not be accepted. If an incarcerated individual has already
				been approved by central office and received a date prior to the 90-day mark,
				the superintendent has the discretion to approve or deny the visit.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.5 - Family participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible relations. Applications for participation in the FRP may be made for
				the following family members, all of whom must have established a recent and
				consistent visiting pattern. A recent and consistent visiting pattern is
				defined as three visits, not including family reunion visits, within the past
				12 months . Central office d iscretion may be used in situations where a family
				member is elderly, a minor, infirmed or resides more than 300 miles (in or out
				of state) from the FRP site . A prolonged (one year or more) disruption in a
				visit pattern will require a written explanation from the visitor, as to the
				reason for the disruption, and central office review. In such cases,
				reestablishment of a consistent visit pattern may be required before being
				reconsidered for the FRP. The number of allowed participants, to include the
				incarcerated individual, will be limited to five.
(1) Legal spouses--a husband/wife of the
				Incarcerated Individual to whom he or she has been married for at least six
				months, prior to submitting an application, and who is not him self or herself
				a resident of a New York State correctional facility. Spouses must possess
				documentation of a valid marriage certificate or a declaratory judgment stating
				the validity of an out-of-state common-law marriage.
(2) Children of the Incarcerated Individual, 18 years of age and older.
(3)
				Minor children of the Incarcerated Individual, (under 18 years of age) may
				participate when accompanied by the incarcerated individual's spouse, parents
				or grandparents, provided:
(i) the
				accompanying adult is otherwise eligible for the FRP; and
(ii) written notarized permission has been
				received from the child's legal guardian, if that person is not the
				accompanying adult.
(4)
				Unaccompanied minor children, if:
(i) written
				permission is received from the child's non - incarcerated parent or legal
				guardian; and
(ii) subject to
				special review and approval by the superintendent; and
(iii) provided the child will be escorted to
				and from the facility by their non - incarcerated parent or legal guardian,
				another adult designated by the non - incarcerated parent or legal guardian, or
				an adult in an official capacity with proper identification and such escort
				will remain available via telephone for the duration of the visit; or
(iv) If married and proof of age and marriage
				have been provided.
(5)
				Parents or step-parents (one parent biological). Long term relationship with
				step-parent must have been established and documented prior to incarceration if
				biological parent is not participating.
(6) Grandparents.
(7) Foster parents/guardian, when legal
				documentation is provided and verification can be assured.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.6 - Application processing (full cycle)

Current through Register Vol. 46, No. 28, July 10, 2024
The following full-cycle procedures are to be used in
				  processing applications of :
* incarcerated individuals who have not successfully
				  participated in the program
* prior participants who now have received a disapproval
				  recommendation at the facility level
* current participants who request to add new family
				  members
* two or more documented, consecutive FRP visit
				  cancellations/no shows by the incarcerated individual or requested visitor.
				  Reapplication will require a notarized, written statement from the visitor
				  explaining the reason for the cancellation and their desire/commitment to
				  re-establish FRP visitation. Excessive cancellations/no-shows may lead to
				  program suspension.
(a) Processing of
				the application: The facility level process may take up to five weeks to
				conduct. The FRP ORC is responsible for tracking the application progress.
(1) Incarcerated Individual.
(i) submits written request to the FRP ORC
				for an FRP application;
(ii)
				completes sections 1 and 2; application must be completed in entirety and be
				legible;
(iii) returns completed
				application to FRP ORC; and
(iv) if
				a marriage occurred prior to incarceration, the incarcerated individual must
				provide the FRP ORC with a valid copy of the marriage certificate.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.7 - Processing subsequent applications

Current through Register Vol. 46, No. 28, July 10, 2024
Once an Incarcerated Individual has successfully participated
				  in the program, subsequent applications may be processed and approved at the
				  facility level . This includes when an incarcerated individual is transferred
				  from one Family Reunion Program site to another and continues to meet the basic
				  eligibility criteria, and has maintained satisfactory program and disciplinary
				  behavior. The facility level process may take up to five weeks to
				  complete.
(a) Full-cycle review is
				required:
(1) Whenever the facility FRP ORC or
				superintendent recommends disapproval. The incarcerated individual's
				application must be reviewed by the director of ministerial, family and
				volunteer services.
(2) When new
				family participants are added. The incarcerated individual's application must
				be processed completely as set forth in Section
				220.6 
				above, with new visitors being subject to the completion of the document
				verification report and photo interview.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.8 - Termination of visit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An orderly,
				humane and dignified procedure for the departure of families and for the return
				of incarcerated individuals to the facility is expected at the cessation of all
				visits. The initial time and closing time for visitation should be clearly
				understood by incarcerated individuals and family participants. It is the
				responsibility of the officer in charge to notify all visiting families one
				hour before the time of the visit's termination via telephone.
(b) Normal termination. It is the
				responsibility of the family and incarcerated individual participant to abide
				by the rules and regulations governing the termination of the visit.
(c) Unusual termination. A visit may be
				terminated before the designated time upon the request of the participants. It
				may also be terminated by the judgment of the FRP ORC with the officer of the
				day (for example, if there is a family disturbance or a weather emergency). The
				visit will be terminated immediately if any participants are found to be under
				the influence of alcohol or drugs.
(d) Emergency termination. Illness, deaths,
				immediate family problems, or a facility emergency.
(e) Visitation denial. Family can be denied
				entrance if found in the possession of drugs, alcohol, dangerous and lethal
				weapons, or any other contraband.
(f) In all cases, thorough documentation is
				required with an unusual incident report filed with local institution, family
				reunion office, and director of ministerial, family and volunteer services.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.9 - Sanctions for use of drugs /intoxicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A urine sample will be obtained from a
				participating Incarcerated Individual at the following times:
(1) between two to ten days prior to a N FRP
				visit;
(2) immediately prior to a N
				FRP visit; and
(3) immediately
				after a N FRP visit.
(i) Urinalysis samples
				taken at points (1) and (3) will be tested at their respective draw times or
				shortly thereafter; the sample drawn at point (2) may be analyzed immediately
				or if the Incarcerated Individual tests positive at point (3).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.10 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Accident
				report: Should any participant in the FRP be injured while participating in
				FRP, minimally, an accident report will be completed and forwarded to the
				ministerial, family and volunteer services central office within two days of
				the incident, whether the facility deems it necessary to complete an unusual
				incident report. This information is also to be included in the FRP monthly
				report.
(b) Monthly report: The FRP
				ORC is responsible for maintaining FRP files, collecting and completing a FRP
				monthly report. The FRP monthly report is due no later than the Monday of the
				last full week of each month. The report must be completed in its entirety and
				forwarded via outlook e-mail to central office.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.11 - File Retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Ensuring accurate recordkeeping procedures are in place is essential to
				maintaining the integrity of the FRP. Therefore, whenever an incarcerated
				individual transfers to a facility that has the Family Reunion Program, the FRP
				ORC at the sending facility will forward the FRP file to the FRP ORC at the
				receiving facility. In maintaining this chain of custody, the sending FRP ORC
				will confirm this transaction via a chronological entry in the Guidance and
				Counseling folder. The receiving FRP ORC will acknowledge receipt of the file
				via a chronological entry in the Guidance and Counseling folder.
If the incarcerated individual is transferred to a facility
				  that does not have the Family Reunion Program, the sending facility will ensure
				  that a copy of every central office decision, whether approved or denied, is
				  filed in the program services section of the incarcerated individual's guidance
				  file. The entire FRP file will be maintained at the participating FRP site for
				  seven years from the date of the last FRP visit.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IV - Visitation › Part 220 - Family Reunion Program › Section 220.12 - Family reunion guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Transportation - Visitors scheduled to participate in a Family Reunion Program
				(FRP) visit must arrange their transportation to and from the FRP
				site.
(b) Identification - At the
				time of the scheduled visit, adult participants must present a valid form of
				identification containing a picture and/or signature (driver's license,
				non-driver identification, social services card, etc). The adult participant is
				responsible to present identification (birth certificate, baptismal certificate
				or other creditable means of dentification) for any minor infant or child
				participant under 18 years of age.
(c) Personal Items - Participants are allowed
				to bring only a minimum amount of personal property as necessary for the
				duration of the visit including personal clothing and items of personal
				hygiene, including sanitary pads and tampons. Please Note: the facility shall
				provide pillows, blankets, bed linens, towels, soap, and condoms.
(d) Clearance - All visitors to enter the FRP
				site shall be subject to search in accordance with the provisions outlined in
				related department directives and consistent with departmental policy. This
				shall include a metal detector search. All packages and articles accompanying
				the visitors will also be searched.
(e) Participants may not bring in any
				alcohol, illegal narcotics, dangerous drugs, weapons, cellular phones, wireless
				phones, pagers, laptop computers, personal digital assistants, any device with
				global positioning (G.P.S.) capabilities, any device with audio recording
				capabilities, radios, cameras or other similar electronic devices, or valuables
				such as credit cards, large sums of money, stamps or expensive articles of
				jewelry. Penalties may include attendance at a treatment program, program
				suspension/termination. food products must be commercially packaged in airtight
				hermetically sealed containers impervious to external influence (e.g., sealed
				cans, heat sealed plastic bags, vacuum sealed plastic jars, glue sealed paper
				or cardboard boxes, etc.). Food or beverages with any alcohol content are
				prohibited.
(f) Medication:
(1) All medications (including
				needles/controlled substances): Must be declared and relinquished to the Gate
				Officer, shall be identified as indicated below and stored in a secure area. If
				needed during the visit, it may be obtained in accordance with facility
				procedures.
(2) Medication
				(Prescribed) - Must be in original container with label showing patient's name,
				name of medicine, dosage, administering information (how and when), pharmacy,
				and doctor's name.
(3) Medication
				(Non-prescribed) - Aspirin, vitamins, non-alcohol cold medications, etc., must
				be in the original container.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 250 - Scope And Interpretation Of Rules And Regulations In This Chapter › Section 250.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules and
				  regulations set forth in this Chapter establish procedures to supplement the
				  department's ordinary programs for inmate indoctrination, guidance, counseling
				  and training. They are to be applied for the following purposes:
(1) Implementation of standards of behavior
				  where an inmate:
(i) violates a rule or
				  regulation governing his behavior;
(ii) fails or refuses to comply with an
				  instruction given to him by an employee of the department acting within the
				  scope of his official duties in giving such instruction; or
(iii) attempts to escape or escapes or
				  engages in any other unlawful conduct; and