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 254 - Superintendent's Hearing › Section 254.7 - Dispositions and mandatory disciplinary surcharge

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dispositions.
(1) Where the incarcerated individual admits
				  the charges, or where the hearing officer affirms the charges on the basis of
				  the evidence, the hearing officer may impose one or more of the following
				  penalties:
(i) counsel and/or
				  reprimand;
(ii) any non-confinement
				  sanction in accordance with departmental directive 4932;
(a) A loss of visiting privileges may be
				  imposed under this subparagraph for any confirmed charge;
A loss of visiting privileges with a specified visitor or
					 visitors may be imposed where the misconduct involved only the incarcerated
					 individual and the specified visitor or visitors. Where the misconduct was not
					 limited to the specified visitor or visitors a loss of visiting privileges with
					 all visitors may be imposed. Misconduct involving Unacceptable Physical Conduct
					 during which other visitors were subjected to exposure is misconduct which is
					 not limited to only the incarcerated individual and the specified visitor or
					 visitors. Misconduct involving an attempt to introduce money, alcohol,
					 marijuana, narcotic and other dangerous drugs, any item which is readily
					 capable of being used to cause death or serious injury, or any item which may
					 be used to aid in escape is misconduct which is not limited to only the
					 incarcerated individual and the specified visitor or visitors;
A loss of visiting privileges may be imposed under this
					 subparagraph only for the length of time specified in departmental directive
					 4932; and
The hearing officer may, within his or her discretion,
					 limit an incarcerated individual to noncontact visiting in lieu of suspending
					 all visiting privileges;
(b)
				  Restitution may be imposed for loss or intentional damage to property up to be
				  made from an incarcerated individual's existing and future funds;
(c) The imposition of one work task per day
				  other than a regular work assignment for a maximum of seven days, excluding
				  Sundays and public holidays, to be performed on the incarcerated individual's
				  housing unit or other designated area. Incarcerated individuals given such
				  disposition who are participating in a regular work assignment shall not be
				  required to work more than 8 hours per day. The eight-hour limitation excludes
				  such non-work assignments as educational or vocational school
				  programming;
(d) Forfeiture of
				  money confiscated as contraband; and
(e) Where applicable, removal from the
				  elected inmate grievance resolution committee (IGRC) and/or loss of the
				  privilege of participating as a voting member of the IGRC for a specified
				  period of time.
(iii)
				  segregated confinement for a specified period and
(iv) loss of a specified period of good
				  behavior allowance ("good time"), subject to restoration upon substantial
				  completion of the incarcerated individual's rehabilitation plan.