reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.9 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each probation director shall obtain and report to the
					 State Director of Probation and Correctional Alternatives data on each case, as
					 prescribed by the State Director of Probation and Correctional Alternatives,
					 any and all information requested pertaining to each person conditionally
					 released pursuant to section 70.40 (2)  of the Penal Law and under the
					 supervision of the probation director's department. Such information may
					 include, but is not limited to, information of a personal and criminal history
					 nature that identifies the conditional releasee, information as to his conduct,
					 and supervision information. Such reporting shall be conducted as
					 follows:
(a) The probation director
				  shall within 15 business days of notification of the conditional release,
				  report all required information on forms as prescribed by the State Director of
				  Probation and Correctional Alternatives.
(b) All subsequent information, including
				  classification information, modifications, and violation information, shall be
				  reported in a timely manner on forms as prescribed by the State Director of
				  Probation and Correctional Alternatives.
(c) Terminations or expiration of conditional
				  release shall be recorded and reported within 20 business days as prescribed by
				  the State Director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 362 - Violation Of Conditional Release › Section 362.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  violation of conditional release means a failure to comply with the conditions
				  of conditional release supervision imposed by the local conditional release
				  commission. There are two types of violations:
(1) The term new offense violation means a
				  violation by virtue of the commission of an offense.
(2) The term technical violation means a
				  violation by failure to comply with the conditions of conditional release other
				  than failure by commission of a new offense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 362 - Violation Of Conditional Release › Section 362.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
To ensure that prompt and decisive action is taken in all
					 cases through regulating decisionmaking in all violation of conditionally
					 release supervision cases where reasonable cause exists to believe that a
					 person who has been conditionally released has lapsed into criminal ways or
					 company or has violated one or more conditions of conditional
					 release.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 362 - Violation Of Conditional Release › Section 362.3 - Applicability and rationale

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  This Part is applicable to violations of conditional release
				  supervision.
(b) The rationale for
				  this Part is as follows:
(1) Conditional
				  release as an alternative to incarceration is a means of offering the offender
				  the opportunity for law-abiding adjustment in the community. It is the
				  probation department's responsibility to see that the conditions of conditional
				  release are properly enforced and to inform the local conditional release
				  commission of any significant deviation.
(2) Uniform procedures controlling violation
				  of conditional release matters serve to facilitate uniform decisionmaking and
				  the reduction of any possible disparity in the treatment of like
				  cases.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 362 - Violation Of Conditional Release › Section 362.4 - Procedures for new offense violations for conditional release supervision cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedures
				  upon arrest for an offense prior to conviction.
(1) Investigating the alleged offense.
(i) Upon a probation department's knowledge
				  that a conditional releasee under its supervision has been arrested for an
				  offense, the probation officer shall commence an investigation.
(ii) Such investigation shall, to the extent
				  necessary, consist of determining the facts and seriousness of the alleged
				  offense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 362 - Violation Of Conditional Release › Section 362.5 - Procedures for technical violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedures for violations other than
				  absconders.
(1) Investigating the alleged
				  violation(s).
(i) When a probation officer
				  has reasonable cause to believe that a person who has been conditionally
				  released has lapsed into criminal ways or company, or has violated one or more
				  conditions of conditional release, the probation officer shall commence an
				  investigation.
(ii) Such
				  investigation shall, to the extent necessary, consist of determining the facts
				  and seriousness of the alleged violation(s).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 363 - Conditional Release Supplemental Investigations › Section 363.1 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
To provide the Conditional Release Commission with accurate
					 and reliable information to determine the appropriateness of the conditional
					 release decision and any special conditions for the release supervision
					 period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 363 - Conditional Release Supplemental Investigations › Section 363.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				  procedures shall govern local probation departments' responses to requests to
				  conduct investigations for local Conditional Release Commissions.
(b) Wherever the local Conditional Release
				  Commission determines that the local probation department shall conduct a
				  supplemental investigation of an inmate applying for conditional release, the
				  request shall be in writing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 364 - Conditional Release Conditions › Section 364.1 - Conditional release conditions

Current through Register Vol. 46, No. 28, July 10, 2024
Local Conditional Release Commissions shall establish at a
					 minimum mandatory conditions whenever granting conditional release to an
					 individual. These conditions shall require that an individual shall:
(a) Report as directed by the probation
				  officer or the Local Conditional Release Commission.
(b) Remain within the county of supervision
				  unless granted permission to leave by the probation officer. For purposes of
				  this regulation, the county of supervision for conditional release cases in New
				  York City shall include all five boroughs.
(c) Permit the probation officer to visit him
				  at his residence, place of employment or elsewhere; discuss with his probation
				  officer any proposed changes in residence, employment, or program status; and
				  notify the probation officer prior to any change in residence, employment or
				  program status.
(d) Answer all
				  reasonable inquiries by his probation officer.
(e) Notify his probation officer immediately
				  any time there is contact with or he is arrested by any law enforcement
				  agency.
(f) Refrain from being in
				  the company of or fraternizing with any person having a criminal record or
				  adjudicated a youthful offender unless granted permission by his probation
				  officer.
(g) Obey any law or order
				  to which the individual is subject.
(h) Comply with any restitution order and/or
				  mandatory surcharge previously imposed by a court of competent
				  jurisdiction.
(i) Submit to a
				  search of his person, residence, vehicle or property whenever a probation
				  officer has reasonable grounds to believe that a conditional releasee has
				  illegal drugs, drug paraphernalia, deadly or prohibited weapons or stolen
				  property in his possession, is engaging or has engaged in any unlawful
				  activity.
(j) Be prohibited from
				  owning, possessing, or purchasing any shotgun, rifle or firearm of any type
				  without the written permission of his probation officer and owning, possessing
				  or purchasing any deadly weapon or dangerous instrument defined in the Penal
				  Law . In addition, agree not to own, possess or purchase any instrument readily
				  capable of causing physical injury without a satisfactory explanation for
				  ownership, possession or purchase.
(k) Be prohibited from owning, possessing or
				  purchasing drug paraphernalia and from using or possessing illegal drugs
				  without proper medical authorization.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 364 - Conditional Release Conditions › Section 364.2 - Other conditions of conditional release

Current through Register Vol. 46, No. 28, July 10, 2024
Other conditions of conditional release which may be
					 imposed at the time of release or if modification occurs include:
(a) Work faithfully at a suitable employment
				  or faithfully pursue a course of study or of vocational training that will
				  equip him for suitable employment.
(b) Undergo medical, psychiatric, alcohol or
				  drug treatment as determined by the probation officer and remain in a specified
				  institution, when required for that purpose.
(c) Participate in an alcohol or substance
				  abuse program or an intervention program as determined by the probation
				  officer.
(d) Abstain from alcohol
				  and/or drugs and submit to periodic alcohol or drug testing to determine
				  abstinence.
(e) Support his
				  dependents and meet other family responsibilities.
(f) Satisfy any other conditions reasonably
				  related to his rehabilitation or public safety.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter III - Sex Offender Management › Part 365 - Sex Offender Housing Procedural Guidelines › Section 365.1 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
This Part's objective is to establish procedural guidelines
					 that delineate criteria and which promote consistent probation practices with
					 respect to the residency of certain sex offenders under probation
					 supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter III - Sex Offender Management › Part 365 - Sex Offender Housing Procedural Guidelines › Section 365.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to the supervision of any
					 individual designated a Level 2 or 3 sex offender pursuant to the Sex Offender
					 Registration Act (SORA) and sentenced to a period of
					 probation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter III - Sex Offender Management › Part 365 - Sex Offender Housing Procedural Guidelines › Section 365.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				  investigating and/or approving a residence of any such SORA Level 2 or 3
				  probationer, the probation department shall consider the following:
(1) the location of other sex offenders
				  required to register under SORA, specifically whether there is a concentration
				  of registered sex offenders in a certain residential area or
				  municipality;
(2) the number of
				  registered sex offenders residing at a particular property;
(3) the proximity of entities with vulnerable
				  populations;
(4) accessibility to
				  family members, friends, or other supportive services including, but not
				  limited to, locally available sex offender treatment programs with preference
				  for placement of such individuals into programs that have demonstrated
				  effectiveness in reducing sex offender recidivism and increasing public safety;
				  and
(5) the availability of
				  permanent, stable housing in order to reduce the likelihood that any such
				  probationer will be transient.
In addition, probation departments should consider the
					 following factors when information is available to them:
(i) known victim(s) address(es), age(s), and
				  any relationship(s) to the probationer;
(ii) known existence of and adherence to any
				  order of protection(s) against the probationer and restrictions as to
				  residence/distance;
(iii) known
				  presence of persons under the age of 18 in the residence or proposed
				  residence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) AIDS means
					 acquired immune deficiency syndrome, as may be defined from time to time by the
					 centers for disease control of the United States public health
					 service.
(b) HIV infection means
					 infection with the human immunodeficiency virus or any other related virus
					 identified as a probable causative agent of AIDS.
(c) HIV-related test means any laboratory
					 test or series of tests for any virus, antibody, antigen or etiologic agent
					 whatsoever, thought to cause or to indicate the presence of HIV
					 infection.
(d) Capacity to consent
					 means an individual's ability, determined without regard to such individual's
					 age, to understand and appreciate the nature and consequences of a proposed
					 health care service, treatment or procedure, and to make an informed decision
					 concerning such service, treatment or procedure.
(e) Protected individual means a person who
					 is the subject of an HIV-related test, or who has been diagnosed as having AIDS
					 or HIV infection.
(f) Confidential
					 HIV-related information means any information, in the possession of a person
					 who provides one or more health or social services, including probation
					 services, or who obtains the information pursuant to a release of confidential
					 HIV-related information, concerning whether an individual has been the subject
					 of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or
					 information which identifies or reasonably could identify an individual as
					 having one or more of such conditions, including information pertaining to such
					 individual's contacts.
(g) Release
					 of confidential HIV-related information means a written authorization for
					 disclosure of confidential HIV-related information that complies with the
					 requirements of article 27-F, section 2780 (9)  of the Public
					 Health Law. Only the specific release form authorized for this purpose by the
					 Division of Probation and Correctional Alternatives may be used.
(h) Client means a person who receives
					 services, which have been ordered or authorized by the criminal or family
					 court, from a probation department. Such persons include, but are not limited
					 to, probationers.
(i) Contact means
					 an identified spouse or sex partner of the protected individual or a person
					 identified as having shared hypodermic needles or syringes with the protected
					 individual.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations apply to persons who receive
						confidential HIV-related information in the course of providing probation
						services and who receive confidential HIV-related information pursuant to a
						release while providing such services. All disclosures of confidential
						HIV-related information made on or after filing of this rule are subject to
						these regulatory provisions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.3 - Anti-discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every probation
					 director shall advise their respective staff of the laws prohibiting
					 discrimination against protected individuals. Under New York State Executive
					 Law, article 15 (known as the Human Rights Law) discrimination against
					 individuals who have or who are perceived to have disabilities is prohibited.
					 The Human Rights Law of the City of New York also prohibits discrimination on
					 the basis of an individual's disability or the perception of a disability. AIDS
					 and HIV infection are considered to be disabilities under the terms of these
					 acts.
(b) Every probation director
					 shall establish written procedures for reviewing client claims of
					 discrimination because of AIDS, HIV infection, or the perception that the
					 client has AIDS or HIV infection.
(c) Nothing shall preclude differential
					 treatment in order to provide adequate and appropriate treatment or probation
					 services. Specialized caseloads may be established, if deemed appropriate. The
					 confidentiality of individuals receiving such treatment or within such
					 caseloads shall be preserved.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.4 - Disclosure pursuant to a release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No confidential HIV-related information
					 shall be disclosed pursuant to a general release. Disclosure is only permitted
					 for HIV-related information pursuant to a specific release form that has been
					 approved by the Department of Health. The release must be signed by the
					 protected individual, or if the protected individual lacks capacity to consent,
					 by a person authorized pursuant to law to consent to health care for the
					 individual. Whenever appropriate, an attempt should be made to secure
					 consent.
(b) The provision in
					 subdivision (a) of this section is also applicable to confidential HIV-related
					 information contained in court ordered documents, including presentence,
					 preplea, predispositional, or other investigation reports.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.5 - Confidentiality and disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 No person who obtains confidential HIV-related information in the course of
					 providing probation services or pursuant to a release of confidential
					 HIV-related information while providing such services may disclose or be
					 compelled to disclose such information, except to the following:
(1) the protected individual or, when the
					 protected individual lacks capacity to consent, a person authorized pursuant to
					 law to consent to health care for the individual;
(2) any person to whom disclosure is
					 authorized pursuant to a release of confidential HIV-related information in
					 accordance with section
					 367.4(a) 
					 of this Part;
(3) authorized
					 counseling or treatment programs providing contractual services to the
					 probation department, when knowledge of the HIV-related information is
					 necessary to provide appropriate treatment to the protected individual. Such
					 agencies shall be authorized to redisclose such information only pursuant to
					 the provisions of article 27-F of the Public Health Law;
(4) authorized agencies as defined by Social
					 Services Law (section 371) and corporations that are incorporated or organized
					 to receive children for adoption or foster care, in connection with foster care
					 or adoption of a child. Such agencies shall be authorized to redisclose such
					 information only pursuant to the provisions of article 27-F of the Public
					 Health Law or in accordance with the provisions of section 373-A  of the Social Services
					 Law;
(5) any person to whom
					 disclosure is ordered by a court of competent jurisdiction pursuant to article
					 27-F, section 2785  of the Public Health Law;
(6) an employee or agent of the Division of
					 Parole, or Commission of Correction, authorized by law to access records to
					 carry out functions, powers and duties with respect to the protected
					 individual, in accordance with regulations promulgated by these
					 agencies;
(7) a medical director of
					 a local correctional facility in accordance with regulations promulgated by the
					 Commission of Correction to the extent such individual is authorized to access
					 records containing such information in order to carry out functions, powers,
					 and duties with respect to the individual. Redisclosure by the medical director
					 is prohibited except as permitted under Public Health Law, article 27-F and its
					 implementing regulations; and
(8)
					 any other persons specifically authorized in article 27-F, section 2782  of the Public Health Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.6 - Protections against redisclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All written disclosures of confidential
					 HIV-related information must be accompanied by a statement restricting
					 redisclosure. The statement shall include the following language or
					 substantially similar language: "This information has been disclosed to you
					 from confidential records that are protected by state law. State law prohibits
					 you from making any further disclosure of this information without the specific
					 written consent of the person to whom it pertains, or as otherwise permitted by
					 law. Any unauthorized further disclosure in violation of state law may result
					 in a fine or jail sentence or both. A general authorization for the release of
					 medical or other information is not sufficient authorization for further
					 disclosure."
(b) HIV-related
					 information in a court-ordered document, including a presentence, preplea,
					 predispositional, or other investigation report shall be contained in a
					 separate section at the end of the document. The HIV-related information shall
					 be prefaced by the statement in subdivision (a) of this section or
					 substantially similar language restricting redisclosure.
(c) If oral disclosures are necessary, they
					 must be accompanied or followed as soon as possible, but no later than 10 days,
					 by the written statement required by subdivision (a) of this section.
(d) The statement required by subdivisions
					 (a)-(c) of this section is not required for release to the protected individual
					 or to his or her legal representative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.7 - Probation department policy and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Every probation director shall develop and implement
						written policies and procedures to maintain the confidentiality of HIV-related
						information. Such policies and procedures shall assure that such confidential
						HIV-related information is disclosed to employees or contractors only when
						appropriate under this Part. Such policies and procedures shall include:
(a) initial employee education and periodic
					 inservice education of employees regarding the legal protections against
					 unauthorized disclosure in Public Health Law, article 27-F;
(b) protocols for ensuring that records are
					 maintained securely, and used for the purpose intended; establishing a
					 procedure whereby when confidential HIV-related information is contained in any
					 probation record, it shall be maintained in a manner where it can be easily
					 identified and removed if necessary;
(c) procedures for handling requests by other
					 parties for confidential HIV-related information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.8 - Significant risk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The three
					 factors necessary to create a significant risk of contracting or transmitting
					 HIV infection are:
(1) the presence of a
					 significant risk body substance;
(2) a circumstance which constitutes
					 significant risk for transmitting or contracting HIV infection; and
(3) the presence of an infectious source and
					 a noninfected person. Transmission occurs only from infected to uninfected
					 persons.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.9 - Training and protection of probation department employees who may be in contact with human immunodeficiency virus (hiv)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every probation director shall implement
					 and maintain a program for the prevention of circumstances that could result in
					 employees becoming exposed to significant risk body substances during the
					 provision of services. Such a program shall include:
(1) information about generally accepted
					 protective barriers and preventive practices during job-related activities that
					 may involve exposure to significant risk body substances. Preventive action
					 should be taken by the employee when job-related activities may involve
					 exposure to such body substances. Preventive action is an essential element to
					 avoid bidirectional spread of HIV;
(2) training at the time of initial
					 employment and periodic staff development education on the use of protective
					 equipment, preventive practices, and circumstances that represent a significant
					 risk for all employees whose job-related tasks may involve exposure to
					 significant risk body substances;
(3) availability of personal protective
					 equipment for employees that is appropriate to the tasks being performed;
					 and
(4) a system for monitoring
					 preventive programs to assure compliance and safety.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Confidentiality of HIV-Related Information › Section 367.10 - Education of clients and protection of contacts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All clients shall, where feasible, be
					 provided with written literature describing the transmission of HIV infection
					 and preventive measures to minimize the risk of transmission.
(b) All clients shall be counseled to avoid
					 behavior that creates a significant risk of contracting or transmitting HIV
					 infection.
(c) All clients with a
					 confirmed diagnosis of AIDS or HIV infection shall be urged to inform their
					 contacts.
(d) If after urging a
					 client with a confirmed diagnosis of AIDS or HIV infection to inform a contact,
					 the probation officer reasonably believes there is a significant risk of
					 infection to the contact and that the client will not inform the contact, the
					 probation officer may, after consultation with the probation department
					 director or authorized designee, discuss with their legal representative the
					 feasibility of obtaining and securing a court order for disclosure of
					 confidential HIV-related information, in accordance with the provisions of
					 article 27-F, section 2785  of the Public Health Law. Disclosures
					 to a contact made with the consent of the protected individual or through a
					 court order may only be made by authorized health employees who have received
					 training in the transmission of HIV infection and must be accompanied by
					 supportive counseling and/or referrals for such counseling. The identity of the
					 protected individual may not be disclosed to a contact.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 367 - Aids/confidentiality And Access To Hiv-related Information › Inter/Intra-Agency Confidentiality › Section 367.11 - Division access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No employee
					 of the Division of Probation and Correctional Alternatives shall have access to
					 health information related to any identified person, including confidential
					 HIV-related information, except in connection with the following activities:
(1) investigation of any agency as authorized
					 by the state director;
(2)
					 monitoring and technical assistance for local probation departments;
(3) research studies approved by the state
					 director;
(4) as necessary in order
					 to fulfill explicit statutory responsibilities of the state director;
					 and
(5) provision of direct
					 probation services, where disclosure shall be restricted in the manner
					 described in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  people's right to know the process of government decisionmaking and the
				  documents and statistics leading to determinations is basic to our society.
				  Access to such information should not be thwarted by shrouding it with the
				  cloak of secrecy or confidentiality.
(b) This Part provides information concerning
				  the procedures by which records may be obtained.
(c) Personnel shall furnish to the public the
				  information and records required by the Freedom of Information Law, as well as
				  records otherwise available by law.
(d) Any conflict among laws governing public
				  access to records shall be construed in favor of the widest possible
				  availability of public records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  division shall mean the State Division of Probation and Correctional
				  Alternatives as established by article 12 of the Executive Law; and, further,
				  for the purpose of this Part, the State Probation Commission as established by
				  this same article, where appropriate and separately amended.
(b) The term records access officer shall
				  mean the counsel of the division and any assistants designated by such
				  individual to perform any or all functions hereunder.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.3 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State Director is responsible for
				  insuring compliance with the regulations herein, and designates the following
				  person as records access officer:
Counsel Officer
New York State Division of Probation and Correctional
					 Alternatives
Four Tower Place
Albany, New York 12203
(b) Records access officers are responsible
				  for insuring appropriate agency response to public requests for access to
				  records. The designation of records access officers shall not be construed to
				  prohibit officials who have in the past been authorized to make records or
				  information available to the public from continuing to do so.
(c) Records access officers shall insure that
				  personnel:
(1) Maintain an up-to-date subject
				  matter list.
(2) Assist the
				  requester in identifying requested records, if necessary.
(3) Upon locating the records, take one of
				  the following actions:
(i) make records
				  available for inspection; or
(ii)
				  deny access to the records in whole or in part and explain in writing the
				  reasons therefor.
(4)
				  Upon request for copies of records to be made available for inspection:
(i) make a copy available upon payment or
				  offer to pay established fees, if any, in accordance with section
				  368.9  of this Part;
				  or
(ii) permit the requester to
				  copy those records.
(5)
				  Upon request, certify that a record is a true copy.
(6) Upon failure to locate records, certify
				  that:
(i) the division is not the custodian
				  of such records; or
(ii) the
				  records of which the division is a custodian cannot be found after diligent
				  search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				  be available for public inspection and copying at:
Counsel
New York State Division of Probation and Correctional
					 Alternatives
Four Tower Place
Albany, New York, 12203
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.5 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Requests for public access to records shall be accepted and records produced
				  during all hours regularly open for business.
(b) These hours are: 8:30 a.m. to 5
				  p.m.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				  oral requests may be accepted when records are readily available.
(b) A response shall be given regarding any
				  request reasonably describing the record or records sought within five business
				  days of receipt of the request.
(c)
				  A request shall reasonably describe the record or records sought. Whenever
				  possible, a person requesting records should supply information regarding
				  dates, file designations or other information that may help to describe the
				  records sought.
(d) If the records
				  access officer does not provide or deny access to the record sought within five
				  business days of receipt of a request, he shall furnish a written
				  acknowledgment of receipt of the request and a statement of the approximate
				  date when the request will be granted or denied. If access to records is
				  neither granted nor denied within 10 business days after the date of
				  acknowledgment of receipt of a request, the request may be construed as a
				  denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.7 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				  access officer shall maintain a reasonably detailed current list by subject
				  matter all records in the division's possession, whether or not records are
				  available pursuant to subdivision 2 of section 87  of the Public Officers Law.
(b) The subject matter list shall be
				  sufficiently detailed to permit identification of the category of the record
				  sought.
(c) The subject matter list
				  shall be updated not less than twice per year. The most recent update shall
				  appear on the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.8 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Denial of access to records shall be in writing, stating the reason therefor
				  and advising the requester of the right to appeal to the individual or body
				  established to hear appeals.
(b) If
				  requested records are not provided promptly, as required in section
				  368.6(d) 
				  of this Part, such failure shall also be deemed a denial of access.
(c) The following body shall hear appeals for
				  denial of access to records under the Freedom of Information Law:
The Executive Committee of the New York State Division
					 of
Probation and Correctional Alternatives
Four Tower Place
Albany, New York 12203
(518) 485-2394
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				  no fee charged for:
(1) inspection of
				  records;
(2) search for records;
				  or
(3) any certification pursuant
				  to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.10 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A notice
				  containing the title or name and business address of the records access
				  officers and appeals body, and the location where records can be seen or
				  copied, shall be posted in a conspicuous location wherever records are
				  kept.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 368 - Public Access To Records › Section 368.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If any
				  provision of these regulations or the application thereof to any person or
				  circumstance is adjudged invalid by a court of competent jurisdiction, such
				  judgment shall not affect or impair the validity of the other provisions of
				  these regulations or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 369 - Access To Personal Information › Section 369.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				  responsibility and the intent of the Division of Probation and Correctional
				  Alternatives, hereinafter called the division, to fully comply with the
				  provisions of article 6-A of the Public Officers Law, the "Personal Privacy
				  Protection Law."
(b) The division
				  shall maintain in its records only such personal information that is relevant
				  and necessary to accomplish a purpose of the division that is required to be
				  accomplished by statute or executive order, or to implement a program
				  specifically authorized by law.
(c)
				  Personal information will be collected, whenever practicable, directly from the
				  person to whom the information pertains.
(d) The division seeks to ensure that all
				  records pertaining to or used with respect to individuals are accurate,
				  relevant, timely and complete.
(e)
				  These regulations provide information regarding the procedures by which members
				  of the public may assert rights granted by the Personal Privacy Protection
				  Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 369 - Access To Personal Information › Section 369.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive deputy director is hereby
				  designated privacy compliance officer and is responsible for ensuring that the
				  division complies with the provisions of the Personal Privacy Protection Law
				  and the regulations herein and for coordinating the division's response to
				  requests for records or amendment of records.
(b) The address and telephone number of the
				  privacy compliance officer is: Four Tower Place, Albany, NY 12203, (518)
				  485-2395.
(c) The privacy
				  compliance officer has the responsibility to:
(1) ensure that personnel maintain an
				  up-to-date subject matter list;
(2)
				  assist a data subject in identifying and requesting personal information, if
				  necessary;
(3) describe the
				  contents of systems of records orally or in writing in order to enable a data
				  subject to learn if a system of records includes a record or personal
				  information identifiable to a data subject requesting such record or personal
				  information;
(4) take one of the
				  following actions upon locating the record sought:
(i) make the record available for inspection,
				  in a printed form without codes or symbols, unless an accompanying document
				  explaining such codes or symbols is also provided;
(ii) permit the data subject to copy the
				  record; or
(iii) deny access to the
				  record in whole or in part and explain in writing the reasons
				  therefor;
(5) make a
				  copy available, upon request, upon payment of or offer to pay established fees,
				  if any, or permitting the data subject to copy the records;
(6) upon request, certify that a copy of a
				  record is a true copy; or
(7) if
				  the division fails to locate records, certify, upon request, that:
(i) the division does not have possession of
				  the record sought;
(ii) the
				  division cannot locate the records sought after having made a diligent search;
				  or
(iii) the information sought
				  cannot be retrieved by use of the description thereof, or by use of the name or
				  other identifier of the data subject without extraordinary search methods being
				  employed by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 369 - Access To Personal Information › Section 369.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				  a request is made in person, or when records are made available in person
				  following a request made by mail, the division may require appropriate
				  identification, such as a driver's license, an identifier assigned to the data
				  subject by the division, a photograph or similar information that confirms that
				  the record sought pertains to the data subject.
(b) When a request is made by mail, the
				  division may require verification of a signature or inclusion of an identifier
				  generally known only by a data subject, or similar appropriate
				  identification.
(c) Proof of
				  identify shall not be required regarding a request for a record accessible to
				  the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 369 - Access To Personal Information › Section 369.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available to public inspection and
					 copying at the main office of the division, which is located at: Four Tower
					 Place, Albany, NY 12203.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter IV - General › Part 369 - Access To Personal Information › Section 369.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall accept requests for records and produce
					 records during regular business hours, which are 9:00 a.m. to 5:00
					 p.m.