New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7006 - DISCIPLINE › Section 7006.8 - The disciplinary hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 incarcerated individual charged with a violation in accordance with section
					 7006.4  of
					 this Part shall receive a hearing within 15 business days of receipt of the
					 misbehavior report. In the event an incarcerated individual is placed in
					 segregated confinement pending a disciplinary hearing pursuant to subdivision
					 (a) of section
					 7006.7 
					 of this Part, a hearing shall occur as soon as reasonably practicable and at
					 most within five (5) days of such placement, unless the charged individual
					 seeks postponement of the hearing. The incarcerated individual shall be given
					 at least 24 hours prior written notice of the hearing. A hearing shall be
					 completed within five business days of its convening unless otherwise
					 authorized by the chief administrative officer. The time frames required by
					 this subdivision may be waived by the incarcerated individual, however, such
					 waiver shall not be effective unless made in writing.
(b) The chief administrative officer shall
					 appoint one or more impartial persons to serve as hearing officer or as members
					 of a hearing panel during the disciplinary hearing. Prior to presiding over any
					 hearings, a hearing officer shall undergo a minimum of thirty-seven hours of
					 training, with one additional day of training annually thereafter, on relevant
					 topics, including but not limited to, the physical and psychological effects of
					 segregated confinement, procedural and due process rights of the accused, and
					 restorative justice remedies.
(c)
					 The incarcerated individual shall be allowed to be present at the hearing
					 unless the individual has waived the right to be present or the hearing officer
					 determines that the individual's presence will jeopardize the safety, security,
					 or good order of the facility. A waiver of the right to be present shall be
					 made in writing and signed by the incarcerated individual. If the incarcerated
					 individual refuses to sign such waiver, it shall be so noted in the record. A
					 hearing officer's determination that an individual's presence will jeopardize
					 the safety, security, or good order of the facility shall be documented in the
					 hearing record. For any hearing in which segregated confinement is an
					 authorized sanction upon a finding of guilt, the incarcerated individual shall
					 be permitted to be represented by any attorney or law student, or by any
					 paralegal or incarcerated individual unless the chief administrative officer
					 reasonably disapproves of such paralegal or incarcerated person based upon
					 objective written facility criteria.
(d) The incarcerated individual shall be
					 allowed to be present at the hearing unless the individual has waived the right
					 to be present or the hearing officer determines that the individual 's presence
					 will jeopardize the safety, security, or good order of the facility. A waiver
					 of the right to be present shall be made in writing and signed by the
					 incarcerated individual . If the incarcerated individual refuses to sign such
					 waiver, it shall be so noted in the record. A hearing officer's determination
					 that an individual 's presence will jeopardize the safety, security, or good
					 order of the facility shall be documented in the hearing record. For any
					 hearing in which segregated confinement is an authorized sanction upon a
					 finding of guilt, the incarcerated individual shall be permitted to be
					 represented by any attorney or law student, or by any paralegal or incarcerated
					 individual unless the chief administrative officer reasonably disapproves of
					 such paralegal or incarcerated person based upon objective written facility
					 criteria.
(e) If the hearing
					 officer calls witnesses, the inmate may submit questions directed toward such
					 witnesses to the hearing officer. The hearing officer shall pose such questions
					 to the witness if relevant and not redundant, and when doing so would not
					 jeopardize the safety, security, or good order of the facility. The hearing
					 officer may restate such question if it is unclear or in improper form. A
					 hearing officer's determination that a particular question is irrelevant,
					 redundant, or will jeopardize the safety, security, or good order of the
					 facility shall be documented in the hearing record.
(f) The inmate may be excluded from the
					 hearing during the interview of witnesses in accordance with subdivision (e) of
					 this section. The contents of such interview shall be provided to the inmate,
					 except for such information that, if provided, would jeopardize the safety,
					 security, or good order of the facility.
(g) No charges other than those contained in
					 the misbehavior report shall be presented during the course of the hearing. Any
					 additional charges brought against the inmate shall be treated as new charges
					 and shall be subject to the requirements of this Part.
(h) A disposition shall be reached within
					 five business days after conclusion of the hearing. The disposition shall be
					 supported by substantial evidence and shall be in writing and shall contain the
					 following:
(1) a finding of guilt or
					 innocence on each charge of misbehavior;
(2) the evidence relied upon by the hearing
					 officer in reaching such finding; and
(3) the sanction imposed, if any.
A copy of the disposition shall be provided to the
						inmate.