New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-5 - Timeliness › Section 251-5.2 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where an incarcerated
					 individual is placed in, or pending possible placement in, segregated
					 confinement pending a disciplinary hearing or superintendent's hearing, such
					 incarcerated individual shall be permitted to be represented by:
(1) an attorney, having good standing,
					 admitted to practice in any state;
(2) a law student, provided that an attorney
					 member of the law school's faculty certifies to the Department, in writing,
					 that the faculty member has direct supervisory authority over the student,
					 shall make reasonable efforts to ensure that the student's conduct is
					 compatible with the professional obligations of a lawyer, and provide the
					 faculty member's contact information through the school's publicly listed
					 business phone number and school issued email address;
(3) a paralegal, provided that an attorney,
					 having good standing, admitted to practice in any state certifies to the
					 Department, in writing, that shall make reasonable efforts to ensure that the
					 paralegal's conduct is compatible with the professional obligations of the
					 lawyer and the paralegal has met one or more of the following requirements:
(i) Successful completion of the Certified
					 Paralegal (CP) certifying examination of NALA;
(ii) Graduation from an ABA approved program
					 of study for paralegals;
(iii)
					 Graduation from a course of study for paralegals which is institutionally
					 accredited but not ABA approved, and which requires not less than the
					 equivalent of 60 semester hours of class-room study;
(iv) Graduation from a course of study for
					 paralegals, other than those set forth above, plus not less than six months of
					 in-house training as a paralegal;
(v) A baccalaureate degree in any field, plus
					 not less than six months in-house training as a paralegal;
(vi) A minimum of three years of law-related
					 experience under the supervision of an attorney, including at least six months
					 of in-house training as a paralegal; or
(vii) Two years of in-house training as a
					 paralegal.
(4) another
					 incarcerated individual, provided that the proposed representative is willing
					 to serve as such representative and meets the following objective criteria:
(i) is located at the same facility where the
					 charged individual is located. If a charged individual with an approved
					 incarcerated representative is transferred prior to any pre-hearing contact
					 with their representative, the charged individual may request a postponement
					 for representation by a different incarcerated individual, subject to all
					 Departmental criteria for such representation;
(ii) is medically able to participate in the
					 hearing and has a Beta IQ score above 70;
(iii) has not been found guilty of any Tier
					 III offense within the last year;
(iv) has received a high school or
					 equivalency diploma or is currently enrolled in a high school equivalency
					 program; and
(v) is pursuing their
					 most recently assigned earned eligibility or program plan with no current
					 program refusals.