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 B - Procedures For Granting Good Behavior Allowances › Part 261 - Time Allowance Committees › Section 261.4 - Time allowance hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				  the committee has determined that there may be sufficient reason present after
				  a review of the file not to recommend the granting of the total allowance
				  authorized, other than time lost as the result of a superintendent's hearing,
				  or upon direction of the superintendent pursuant to section
				  263.2(b) 
				  of this Title, the committee shall schedule a time allowance committee hearing
				  to be held for the purpose of determining if sufficient reason is present not
				  to recommend the granting of the total allowance authorized and to determine
				  the amount of time to be recommended for allowance and the reasons for the
				  recommendation.
(b) At least 48
				  hours prior to the time allowance hearing and for the purposes stated in
				  subdivision (a) of this section, the chairman shall designate an employee to
				  file and deliver to the inmate a formal notice of such hearing. The formal
				  notice shall contain a written specification of the particulars that caused the
				  time allowance committee to believe that there may be sufficient reason not to
				  grant the total allowance authorized.
(c) The chairman of the time allowance
				  committee shall designate an employee to furnish assistance to the inmate. Such
				  employee shall be of the inmate's choice selected from a list established by
				  the superintendent or any other employee upon approval of the
				  superintendent.
(d) Such employee
				  shall explain the nature of the hearing and the particulars specified in the
				  formal notice. He also shall ask the inmate whether there is any factual matter
				  that can be presented in his behalf and he shall investigate any reasonable
				  factual claim that the inmate may make.
(e) A written report of the action taken and
				  the results of the investigation, if any, including documentary evidence and
				  witness statements shall be delivered to the chairman of the time allowance
				  committee prior to the commencement of the special meeting.
(f) The time allowance committee shall
				  reconsider the entire file of the inmate, shall interview the inmate, shall
				  consider any factual matter brought to its attention by the inmate or the
				  person designated to provide assistance to the inmate, and may in the
				  committee's discretion interview any person who may have information relevant
				  to the hearing.
(g) The time
				  allowance committee shall advise the inmate of any factual circumstances that
				  appear to support a determination not to recommend the granting of the total
				  time allowance authorized, and shall afford him the opportunity to comment
				  thereon and to make any statement he may care to submit in respect to his time
				  allowance.
(h) Where the time
				  allowance committee is satisfied, after hearing the inmate, that the record of
				  the proceeding contains substantial evidence in support of a determination not
				  to grant the total allowance authorized, they shall set the amount of time they
				  will recommend to be withheld and shall so advise the superintendent as
				  provided for in section
				  261.3(d) 
				  of this Part.
(i) In any case where
				  the time committee is not satisfied, after considering all available evidence,
				  that the record of the proceeding contained substantial evidence to support the
				  determination not to grant the total allowance authorized, they shall recommend
				  the granting of a total allowance authorized and shall so advise the
				  superintendent as provided for in section
				  261.3(d) 
				  of this Part.
(j) A written report,
				  including a statement of the reasons for the recommendation, shall be provided
				  to the inmate following review by the superintendent and by the commissioner or
				  his designee.