reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.11 - Appeals procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				applicant for a moving expense and/or replacement housing payment shall be
				notified promptly in writing concerning his eligibility for the payment
				claimed; the amount, if any, he is entitled to receive, and the time and manner
				in which such payment will be made. If any or all of the amounts claimed are
				disallowed or require additional documentation, the eligible person will be so
				notified in writing to this effect.
(b) If the claimant is not satisfied with the
				payment offered, he may within 18 months of vacating or six months after final
				award determination by the courts of the State request an informal conference
				to present his case. When requested, such a conference is scheduled in the
				regional office conducted by the local real property officer. The claimant may
				bring whomever he wishes to represent him or present some facet of his claim.
				The decision of the local real property officer will be made in writing
				directed to the claimant or his representative and may be appealed to the
				director of real property.
(c) The
				director of real property shall then make an independent determination
				according to the data submitted to him by the claimant and the local real
				property officer. This determination will be made in writing to the
				claimant.
(d) In the event the
				claimant is not satisfied with the results achieved at this stage he may then
				request a formal hearing. This request will be directed to the director of real
				property. The formal hearing will be conducted by a hearing officer designated
				by the commissioner at a time and place to be determined by the hearing
				officer. Minutes of the proceedings will be taken.
(e) Based upon all the evidence produced at
				the hearing, the hearing officer will make his recommendation to the
				commissioner who will then make a final determination regarding the claim
				presented.
(f) In the instance of
				an appeal, no payment of such calculated moving expenses or supplemental
				housing and related benefits is to be made until a decision has been rendered
				by the director. In the instance where an owner files a claim in the Court of
				Claims for adjudication of the fair market value of the property acquired, and
				similarly files for an appeal hearing disputing the amount of the supplemental
				payment proffered, no appeal hearing will be held until final award
				determination by the courts of the State.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.12 - Hardship cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notwithstanding any other provisions contained in this Part, the commissioner
				is authorized in hardship cases to make advance payments in anticipation of the
				eligible persons actually completing his moving of personal property or
				actually purchasing or renting and occupying decent, safe and sanitary
				replacement housing. The commissioner may authorize the advance payment of the
				amount determined by him to represent reasonable and necessary moving expenses
				or the amount of the approved supplemental relocation payment deemed necessary
				to purchase or rent decent, safe and sanitary replacement housing. In the case
				of a supplemental relocation payment, payment can only be made if there is a
				signed contract for the purchase of a replacement property, or in the case of a
				replacement rental unit, if there is a signed lease or some other firm
				commitment. In both instances, the proposed replacement housing must be
				inspected prior to payment for a determination of compliance with decent, safe
				and sanitary standards.
(b) When
				determined by the commissioner that an unusual or hardship situation exists and
				it is determined to be in the public interest, he may authorize relocation
				payments even though the strict requirements of eligibility and reimbursement
				specified in this Part are not met.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to implement the provisions of section 606  of the Correction Law, and section 29.28  of the Mental Hygiene Law.
(b) Section 606  of the Correction Law and section 29.28  of the Mental Hygiene Law provide
				for the payment of costs for the prosecution of inmates.
(1) When an inmate of an institution of the
				department is alleged to have committed an offense while an inmate of such
				institution, or when an inmate-patient as defined in section 29.27  of the Mental Hygiene Law in the
				Central New York Psychiatric Center who was committed from a department
				institution for care and treatment pursuant to the provisions of article
				sixteen of the correction law is alleged to have committed an offense in such
				facility while his or her underlying determinate or indeterminate sentence of
				imprisonment is still running, the State shall pay all reasonable costs for
				the prosecution of such offense, including but not limited to, costs for: a
				grand jury impaneled to hear and examine evidence of such offense, petit
				jurors, witnesses, the defense of any inmate or inmate patient financially
				unable to obtain counsel in accordance with the provisions of the County Law,
				the district attorney, the costs of the sheriff and the appointment of
				additional court attendants, officers or other judicial personnel.
(2) It shall be the duty of the board of
				supervisors of any county wherein such prosecution occurs to cause a sworn
				statement of all costs to be forwarded to the department. Upon certification by
				the department that such costs as authorized by this statute have been
				incurred, the department shall forward the proper vouchers to the State
				Comptroller. It shall be the duty of the Comptroller to examine such statement
				and to correct same by striking therefrom any and all items which are not
				authorized pursuant to the provisions of this section, and after correcting
				such statement, the Comptroller shall draw his warrant for the amount of any
				such costs in favor of the appropriate county treasurer, which sum shall be
				paid to said county treasurer out of any moneys appropriated
				therefore.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.2 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
Expenses incurred in connection with the prosecution for an
				  offense alleged to have been committed in a Department institution on or after
				  September 1, 1985, or expenses incurred in connection with the prosecution for
				  an offense alleged to have been committed by an inmate-patient as defined in
				  section 29.27  of the Mental Hygiene Law in the
				  Central New York Psychiatric Center on or after July 24, 2011 shall be governed
				  by the provisions of this Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.3 - Reimbursable expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Counties will be reimbursed for reasonable expenses which are associated with
				the prosecution and defense of :
(1) State
				inmates alleged to have committed crimes while incarcerated; or
(2) inmate-patients committed from a
				department institution to the custody of the Office of Mental Health for care
				and treatment pursuant to the provisions of article sixteen of the correction
				law alleged to have committed crimes while hospitalized in the Central New York
				Psychiatric Center while the underlying determinate or indeterminate sentence
				of imprisonment was still running, provided however, that the written
				notification required by section
				410.1(c) 
				of this part was first sent to the commissioner of the department by the Oneida
				County district attorney.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.4 - Expenditures not reimbursable

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures not reimbursable include:
(a) capital additions or
				improvements;
(b) debt service
				costs for capital improvements;
(c)
				rental of office space;
(d) costs
				in excess of statutorily prescribed limits;
(e) other overhead expenses not provided for
				in this Part; and
(f) excessive,
				improper or inadequately substantiated costs.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.5 - Claims for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Claims for reimbursement shall be made on standard State
				  vouchers signed by the county treasurer or other authorized person, with the
				  following documentation:
(a)
				information to establish expense eligibility;
(b) itemization of services provided or
				expenses incurred;
(c) date(s) of
				service;
(d) basis for calculating
				costs, such as the hourly rate multiplied by the number of hours involved, or
				such other financial documentation as may be necessary to justify the requested
				reimbursement;
(e) court orders
				directing the assignment of counsel and the payment of legal fees or other
				expenditures;
(f) a sworn affidavit
				from the assigned counsel, or other attorney assigned to represent the inmate,
				including an accounting of the time spent by the attorney in representing the
				inmate;
(g) other documentation
				necessary to the prompt determination of claims for reimbursement;
(h) a notarized statement from the county
				clerk acknowledging that expenses incurred are true and accurate;
(i) a copy of court order authorizing a grand
				jury, if applicable; and
(j) a copy
				of the indictment, if applicable.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.6 - Records for reimbursement of expenses

Current through Register Vol. 46, No. 28, July 10, 2024
Counties shall keep and maintain complete books and records
				  concerning any and all expenses for which the county seeks reimbursement
				  pursuant to this Part. Such books and records shall be kept available for
				  examination by authorized personnel of the Department of Corrections and
				  Community Supervision and the Office of the State Comptroller at all reasonable
				  times at the county offices for six years from the date of payment.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 410 - Payment Of Costs For Prosecution Of Inmates › Section 410.7 - Nonreimbursable entities

Current through Register Vol. 46, No. 28, July 10, 2024
Governmental subdivisions of New York State other than
				  counties cannot be directly reimbursed for inmate prosecution related expenses.
				  Such local governments may, however, request that their county representative
				  seek reimbursement from New York State pursuant to the procedures set forth in
				  section
				  410.5  of
				  this Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.1 - Scope of regulation

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 413 of the Laws of 1980 authorizes establishment by
				  the commissioner or his designee of prices for correctional industries products
				  and services, and also establishes a mechanism for appeal of such prices to a
				  price review board. This Part implements that act by providing the procedures
				  for bringing price appeals.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.2 - Who may appeal; timeliness

Current through Register Vol. 46, No. 28, July 10, 2024
A purchaser of any correctional industries product or service
				  (other than license plates) may appeal the price of the product or service to
				  the Price Review Board at any time prior to or within 30 days of the time of
				  sale and upon payment of the price. The board may permit the filing of an
				  appeal prior to actual payment of the price upon a satisfactory showing by
				  appellant that it has completed all acts necessary on its part to make payment
				  and that payment will be made no later than 60 days after the filing of the
				  appeal. Where the board permits such an appeal to be filed prior to actual
				  payment, and appellant thereafter fails to make actual payment within 60 days
				  after filing its appeal, such failure to pay shall divest the board of
				  jurisdiction and the appeal will be dismissed. The sole grounds for bringing
				  such appeal is that the price as established by the commissioner unreasonably
				  exceeds the fair market price for such goods or services as defined in this
				  Part, or that the fair market price was not established in accordance with
				  section 186 (2)  of the Correction
				  Law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.3 - Statutory time limit for filing an appeal

Current through Register Vol. 46, No. 28, July 10, 2024
To invoke the statutory jurisdiction of the board, all
				  notices of appeal must be received at the Office of the Commissioner,
				  Department of Correctional Services, Building 2, State Office Campus, Albany,
				  NY 12226 at any time prior to or within 30 days of the time of sale as defined
				  in section
				  700.5  of this
				  Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.4 - Manner of bringing appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				appeal shall be brought by filing a notice of appeal in writing. The party
				making the appeal, or his legal representative, shall sign the notice of
				appeal, The appeal and matters relating thereto must be addressed to the
				Commissioner of Correctional Services, Building 2, State Office Campus, Albany,
				NY 12226. No particular form is required, but the writing, in order to qualify,
				must be entitled "Notice of Appeal", and must set forth the goods or services
				purchased, the amount paid therefor, the date paid, the date the goods or
				services were delivered or rendered to purchaser, the purchase order or invoice
				number and a certified statement setting forth the basis for an alternative
				fair market price in accordance with section 186 (2)  of the Correction
				Law, and the reasons why the appellant deems the commissioner's price to be
				unreasonably in excess of the fair market price and the reasons why the price
				is not deemed established in accordance with section 186(2), if that is one of
				the appellant's grounds for appeal. A notice of appeal delivered to or received
				by State agencies other than as stated in this section shall be deemed
				improperly filed. Appeals improperly filed shall be dismissed.
(b) Within 20 days of receipt of the notice
				of appeal, the Price Review Board shall either:
(1) reduce the purchase price to the
				appellant's proposed alternative fair market price, or such other price as may
				be mutually agreed upon, and agree to refund or credit any excess amount paid
				by the purchaser. Any price thus reduced shall apply prospectively to any
				future purchasers until new prices are established by the commissioner or his
				designee in accordance with section 186 (2)  of the Correction
				Law; or
(2) acknowledge the appeal
				if timely.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.5 - Deinitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) fair market price shall mean a reasonable
				price selected by the commissioner or his designee at which a vendor of the
				same or similar product or service who is regularly engaged in the business of
				selling such product or service offers to sell such a product or service under
				similar terms in the same market.
(b) Market shall mean the territorial
				boundaries of the State of New York.
(c) Time of sale shall mean the date on which
				the product or service is delivered to the purchaser or the date on which
				payment is made, whichever occurs first.
(d) Price Review Board shall mean the
				Commissioner of Correctional Services, Commissioner of the Office of General
				Services and Director of the Budget, or their designees.
(e) Appellant shall mean the purchaser
				bringing the appeal.
(f) Respondent
				shall mean the Director of Correctional Industries.
(g) The parties shall mean the appellant and
				respondent.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.6 - Office of the price review board

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall not maintain a separate office per se.
				  Interested persons may obtain information, including copies of the rules of the
				  board, or make submissions or request, by writing the Office of the
				  Commissioner, New York State Department of Correctional Services, Building 2,
				  State Office Campus, Albany, N.Y. 12226.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.7 - Chairman

Current through Register Vol. 46, No. 28, July 10, 2024
The chairman shall be the Commissioner of the New York State
				  Department of Correctional Services or his designee. The chairman shall serve
				  as the chief executive officer of the board. As such, he or she has the power
				  and the duty to assign members to appropriate functions, as may be needed, to
				  promote the efficient transaction of the business of the board. Wherever it is
				  required by this Part that matters be submitted to the board, they shall be
				  addressed to the chairman. The chairman shall act on behalf of the board in
				  receiving and acknowledging notices of appeals and related documents. Copies of
				  all papers and supporting documents submitted by the parties shall be provided
				  by the chairman to other members of the Price Review Board.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.8 - Powers and duties of the price review board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Jurisdiction of the board. The filing of
				a price appeal, by any purchaser of a correctional industries product or
				service as otherwise provided for in this Part, shall invoke the exclusive
				statutory jurisdiction of the board under section 186  of the Correction Law.
(b) The board's function. The board is
				authorized to review and/or hear timely appeals brought by any purchaser of a
				correctional industries product or service who has paid the price
				therefor.
(c) Organization of the
				board. Appeals may, in the board's discretion, be heard by one member or the
				chairman of the board, but a majority vote of the board, including the chairman
				and the members, shall be necessary for determination thereof.
(d) The board may, in its discretion, sever
				an appeal or may consolidate two or more appeals.
(e) The board may require the parties to
				submit such papers and documentation as it deems necessary for its
				determination.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.9 - Appearance before the board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By
				any party to the appeal. Upon a decision of the board not to reduce the price
				in accordance with paragraph (b)(1) of section
				700.4 
				of this Part, any party to an appeal before the board may represent himself or
				herself in matters relating to the appeal. Any such party also has the right to
				be accompanied, represented and advised by an attorney admitted to practice
				before the New York State Supreme Court; provided, however, that all hearings
				shall be informal and an appellant shall not be required to be represented by
				an attorney.
(b) By an
				attorney-at-law. An attorney-at-law, engaged to represent or appear for any
				party to a proceeding on appeal, must file with the board a written notice of
				appearance. The notice shall identify the proceeding, set forth the name of the
				party on whose behalf the attorney appears, contain a demand that copies of
				subsequent written communications or notices to such party be sent to the
				attorney at a designated office and mailing office address, and be dated and
				endorsed with the name of the attorney.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.10 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Oral argument.
(1) The board may hear oral argument with
				respect to an appeal or motion.
(2)
				Within 10 days of receipt by appellant of an initial decision by the board not
				to reduce the price in accordance with paragraph (b)(1) of section
				700.4 
				of this Part, any party or the board may request that a hearing on the appeal
				be scheduled.
(3) The appellant
				shall be deemed to have received notice of the board's decision under paragraph
				(2) of this subdivision, three days from the date of mailing of such
				decision.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.11 - Authorized dispositions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Initial screening and review. Upon initial screening and review of the record,
				or upon the hearing, the board may dismiss the appeal if it finds that it lacks
				jurisdiction, or the filing of an appeal is untimely.
(b) Default. Upon appellant's failure to
				appear in person or by counsel at the date, place and time of the scheduled
				hearing due to unexcused absence or lateness, the board may dismiss the
				appeal.
(c) Abandonment. Upon
				appellant's failure to notify the board of any change of address prior to a
				scheduled hearing, the board may dismiss the appeal.
(d) Upon convening the hearing and after
				submission by the parties of the evidence, the board may dismiss the appeal
				upon a finding that the purchaser has not met his burden of proof.
(e) Upon a finding by the board that the
				price of a correctional industries product or service unreasonably exceeds the
				fair market price, or that the fair market price was not established in
				accordance with the standard provided by section 186 (2)  of the Correction
				Law, then the board may redetermine the sales price with respect to such
				purchaser. The price redetermined by the board may or may not be the
				alternative fair market price submitted by the purchaser, and shall apply
				prospectively to purchases made subsequent to such redetermination until such
				time as new prices are established for such product or service by the
				commissioner for such product or service in accordance with section 186(2) of
				such law. If the board redetermines the price, any excess paid to correctional
				industries shall be repaid to the purchaser or, at the option of the purchaser,
				may be credited by the Commissioner of Correctional Services toward any future
				purchase.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.12 - Change of address

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Appellant. An appellant must keep the board advised at all times of any change
				of address. Failure to do so can lead to dismissal of the appeal on the basis
				of abandonment.
(b) Respondent. A
				respondent must notify the board of any change of address.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.13 - Withdrawal of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Any party or his/her attorney may withdraw an appeal at any
				  time by submitting a written notice of withdrawal to the Commissioner of
				  Correctional Services prior to the scheduled hearing. An oral statement of
				  withdrawal may be made at the hearing and a statement confirming such
				  withdrawal must be filed with the board within 48 hours after the hearing. The
				  board shall issue an order to that effect without leave to reinstate the
				  appeal.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 700 - Appeal Of Correctional Industries Prices › Section 700.14 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be liberally construed to further the general
				  purposes stated in section 186  of the Correction Law and the special
				  purposes of the particular provisions involved.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The inmate
				grievance program (IGP) provides each inmate an orderly, fair, simple and
				expeditious method for resolving grievances, pursuant to section 139  of the Correction Law, and allegations
				of discriminatory treatment, pursuant to 9 NYCRR Part 7695.
(b) This program is intended to supplement,
				not replace, existing formal or informal channels of problem resolution as set
				forth in section
				701.3(a) 
				of this Part. It is not intended to support an adversary process, but to
				promote mediation and conflict reduction in the resolution of
				grievances.
(c) This program
				enables any inmate who is personally affected by an issue for which there is no
				avenue for redress or correction to seek resolution of a complaint through a
				facility committee of elected peers and appointed staff members: the inmate
				grievance resolution committee (IGRC). If not satisfied, an inmate may appeal
				to the facility superintendent; if still not satisfied, an inmate may appeal to
				a committee of central office staff acting on behalf of the commissioner: the
				central office review committee (CORC).
(d) Facilities such as camps, shock
				incarceration correctional facilities, alcohol and substance abuse treatment
				centers, and work release facilities may follow the modified plan set forth in
				Part 702 of this Title when approved by the director, IGP.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grievance - a
				complaint, filed with an IGP clerk, about the substance or application of any
				written or unwritten policy, regulation, procedure or rule of the Department of
				Correctional Services or any of its program units, or the lack of a policy,
				regulation, procedure or rule. A letter addressed to facility or central office
				staff is not a grievance.
(b)
				Departmental grievance - a grievance which affects an inmate during his/her
				confinement at various facilities throughout the department.
(c) Institutional grievance - a grievance in
				which the grievant is only affected as long as he/ she remains a resident of
				the facility in which the grievance is filed.
(d) Like grievances - those grievances
				emanating from a substantially similar situation/issue or with a similar action
				requested, or complaints which could be resolved with the same
				action.
(e) Harassment grievances -
				those grievances that allege employee misconduct meant to annoy, intimidate or
				harm an inmate.
(f) Unlawful
				discrimination grievances - those grievances that allege acts or policies which
				adversely affect individuals based on race, religion, national origin, sex,
				sexual orientation, age, disabling condition(s) or political belief, except as
				provided by law.
(g) Strip search
				or strip frisk grievances - those grievances that allege violations of
				departmental policy regarding strip searches or strip frisks.
(h) Advisor - a person who assists the
				grievant in filing, preparing or expressing the grievant's complaint. An
				advisor is not a substitute grievant. An advisor is not needed to argue a case
				since the grievance procedure is not adversarial. An advisor is not needed to
				appeal a grievance; that is a simple procedure requiring only that the grievant
				contact the grievance clerk. An advisor is not a direct party to a grievance.
				Staff members from the IGRC or from the facility at large may serve as
				advisors. Staff members must be willing to accept this function.
(i) Direct party - an individual so uniquely
				affected by the grievance that fair play dictates that he/she should be
				afforded an opportunity to provide input prior to any decision and also to
				appeal any disposition rendered. In harassment allegations, the employee who
				allegedly committed the misconduct is a direct party.
(j) Definitions related to Sexual Abuse and
				Sexual Harassment - The terms sexual abuse and sexual harassment shall have the
				definitions as set forth in the Prison Rape Elimination Act (PREA) Standards (2
				 8 C.F.R. § 115.06).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.3 - General policies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Inmate's responsibility. An inmate is encouraged to resolve his/her complaints
				through the guidance and counseling unit, the program area directly affected,
				or other existing channels (informal or formal) prior to submitting a
				grievance. Although a facility may not impose preconditions for submission of a
				grievance, the failure of an inmate to attempt to resolve a problem on his/her
				own may result in the dismissal and closing of a grievance at an IGRC
				hearing.
(b) Grievances must be
				personal. An inmate must be personally affected by the policy or issue he/she
				is grieving, or must show that he/she will be personally affected by that
				policy or issue unless some relief is granted or changes made. All grievances
				must be filed in an individual capacity.
(c) Visitor complaints. Visitor complaints
				shall be processed via the office of diversity management in accordance with
				the departmental procedure on discriminatory treatment complaints of
				visitors.
(d) Class actions not
				accepted. Individuals personally affected by a matter which affects a class of
				inmates may only file a grievance on their own behalf. Grievances which are
				raised in terms of class actions should be referred to the inmate liaison
				committee.
(e) Non-grievable
				issues.
(1) An individual decision or
				disposition of any current or subsequent program or procedure having a written
				appeal mechanism which extends review to outside the facility shall be
				considered non-grievable.
(2) An
				individual decision or disposition of the temporary release committee, time
				allowance committee, family reunion program or media review committee is not
				grievable. Likewise, an individual decision or disposition resulting from a
				disciplinary proceeding, inmate property claim (of any amount), central
				monitoring case review or records review (freedom of information request,
				expunction) is not grievable. In addition, an individual decision or
				disposition of the commissioner, or his designees, on a foreign national
				prisoner application for international transfer is not grievable.
(3) The policies, rules, and procedures of
				any program or procedure, including those above, are grievable.
Note: If an inmate is unsure whether an issue is grievable,
				  he/she should file a grievance and the question will be decided through the
				  grievance process in accordance with section
				  701.5  of this
				  Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.4 - Inmate grievance resolution committee (igrc)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Composition. Pursuant to section 139  of the Correction Law, a facility's IGRC
				must be a five-member body consisting of two voting inmates, two voting staff
				members, and a non-voting chairperson. The non-voting chairperson may be an
				inmate, staff member, or a volunteer associated with the facility's program.
				There shall be at least two alternate inmate representatives, two alternate
				staff representatives, and four non-voting chairpersons in each facility.
(1) From time to time, or prior to the
				establishment of a new IGRC, the superintendent shall determine whether an
				institution's size warrants additional alternates or non-voting
				chairpersons.
(2) The IGP
				supervisor supervises and coordinates the IGP activities of each inmate and
				staff representative, clerk and chairperson.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.6 - Procedural safeguards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Advisors. An inmate may present or appeal a grievance unaided, or may be
				advised or assisted by a staff member or another inmate of his/her choosing
				subject to the restrictions set forth in sections
				701.2(h)
				 and
				701.7(c)(3) 
				of this Part. At the discretion of the superintendent, inmate advisors for
				keeplocked inmates may be limited to inmate clerks or inmate representatives on
				the IGRC and keeplocked inmates may be prohibited from serving as advisors to
				other inmates.
(b) Reprisals
				prohibited. No reprisals of any kind shall be taken against an inmate or
				employee for good faith utilization of this grievance procedure. An inmate may
				pursue a complaint that a reprisal occurred through the grievance mechanism. A
				grievant shall not receive a misbehavior report based solely upon an allegedly
				false statement made by the inmate to the grievance committee.
(c) Objection to IGRC representative. No
				inmate will take part in the resolution of a grievance over a grievant's
				objection. If a grievant objects to both inmate representatives and both
				alternate inmate representatives, then the two staff representatives shall hold
				the hearing. An inmate representative may not function as a voting
				representative at a hearing on his/her grievance. An alternate inmate
				representative must be utilized. A staff representative may not function as a
				voting representative at a hearing on a grievance in which that staff person is
				a direct party. An alternate staff representative must be utilized.
(d) IGRC access/movement within the
				institution.
(1) A pass system (institutional
				or point to point) which permits inmate representatives, and grievance clerks
				to perform their IGP duties shall be developed in accordance with
				specifications established by the superintendent. Security restrictions will
				preclude inmates from entering certain areas of the facility.
(2) At any facility where a pass system is
				not feasible, the superintendent must develop a procedure to ensure that the
				IGRC can obtain necessary information, keep within established time frames and
				maintain confidentiality. This procedure must be in writing and approved by the
				director, IGP.
(3) Upon written
				recommendation of the IGP supervisor and with the approval of the director,
				IGP, the superintendent may restrict or remove a specific inmate's IGRC pass
				privileges.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.7 - Procedures for inmates in special housing units (shu's)

Current through Register Vol. 46, No. 28, July 10, 2024
The IGP supervisor shall monitor and ensure the proper
				  functioning of the grievance procedure in SHU's. The following minimal
				  standards shall be instituted to provide SHU inmates with access to the
				  IGP:
(a) Forms and envelopes.
(1) A supply of inmate grievance complaint
				forms (form #2131) will be maintained in all special housing areas and will be
				given to inmates requesting them. The area supervisor is responsible for
				ensuring that a supply of these forms is available at all times. Additional
				forms, when needed, will be obtained from the IGP supervisor's
				office.
(2) Envelopes will be given
				to inmates for use in forwarding their completed grievance forms to the IGP
				office. The sealed envelopes will assure the confidentiality of the inmate's
				complaint while enroute to the IGP office.
(3) Area supervisors will ensure that the
				completed grievance forms are placed in sealed envelopes, collected and
				forwarded to the IGP office.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.8 - Harassment

Current through Register Vol. 46, No. 28, July 10, 2024
Allegations of employee harassment are of particular concern
				  to the administrators of department facilities. Therefore, the following
				  expedited procedure for the review of grievances alleging harassment shall be
				  followed.
Note:
Grievances alleging sexual harassment shall be reported to
				  the watch commander for further handling in accordance with departmental
				  policies and shall be deemed exhausted upon filing for PLRA purposes.
(a) An inmate who wishes to file a grievance
				complaint that alleges employee harassment shall follow the procedures set
				forth in section
				701.5(a) 
				of this Part.
Note:
An inmate who feels that he/she has been the victim of
				  harassment should report such occurrences to the immediate supervisor of that
				  employee. However, this is not a prerequisite for filing a grievance with the
				  IGP.
(b) A grievance
				alleging harassment shall be given a grievance calendar number and recorded in
				sequence with all other grievances on the grievance clerk's log (form #2136).
				All documents submitted with the allegation must be forwarded to the
				superintendent by close of business that day.
(c) The superintendent or his/her designee
				shall promptly determine whether the grievance, if true, would represent a bona
				fide case of harassment as defined in section
				701.2  of this Part.
				If not, then it shall be returned to the IGRC for normal processing.
(d) If it is determined that the grievance is
				a bona fide harassment issue, the superintendent shall:
(1) initiate an in-house investigation by
				higher ranking supervisory personnel into the allegations contained in the
				grievance;
(2) request an
				investigation by the inspector general's office; or
(3) if the superintendent determines that
				criminal activity may be involved, request an investigation by the New York
				State Police, Bureau of Criminal Investigation.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.9 - Allegations of unlawful discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
Allegations of acts or policies which adversely affect
				  individuals based on race, religion, national origin, sex, sexual orientation,
				  age, disabling condition(s) or political belief, except as provided by law, are
				  of particular concern to the administrators of this department and its
				  facilities. Therefore, the following expedited procedure for the review of
				  grievances alleging unlawful discrimination shall be followed:
(a) An inmate who wishes to file a grievance
				complaint that alleges discrimination by an employee, program, policy or
				procedure shall follow the procedures set forth in section
				701.5(a) 
				of this Part.
Note: An inmate who feels he/she is being unlawfully
				  discriminated against by an employee, program, policy or procedure shall report
				  such incident to the immediate supervisor of the employee or
				  supervisor/administrator of such program. However, this is not a prerequisite
				  for filing a grievance with the IGP.
(b) A grievance alleging unlawful
				discriminatory acts, policies or procedures shall be given a grievance calendar
				number and recorded in sequence with all other grievances on the grievance
				clerk's log (form #2136).
(c) A
				grievance alleging unlawful discrimination, and its related documentation,
				shall be forwarded to the superintendent with a copy to the office of diversity
				management, within 24 hours.
(d)
				The superintendent shall initiate an in-house investigation by higher ranking
				supervisory personnel and/or request the office of diversity management to
				conduct an investigation.
(e)
				Within 25 calendar days of receipt of the grievance, the superintendent will
				render a decision on the grievance and transmit said decision, with reasons
				stated, to the grievant, the grievance clerk, the office of diversity
				management, and any direct party of interest.
(f) If the superintendent fails to respond
				within the required 25 calendar day time limit the grievant may appeal the
				grievance to CORC. This is done by filing a notice of decision to appeal (form
				#2133) with the inmate grievance clerk.
(g) If the grievant wishes to appeal the
				superintendent's response to CORC, he/she must file a notice of decision to
				appeal (form #2133) with the inmate grievance clerk within seven calendar days
				of receipt of that response.
(h)
				The director, office of diversity management, or his/her designee shall be
				present whenever CORC reviews grievance appeals regarding alleged unlawful
				discrimination.
(i) Unless
				otherwise stipulated in this section, all procedures, rights, and duties
				pertaining to the processing of any other grievance as set forth in section
				701.5  of this Part
				shall be followed.