reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.24 - Dental services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Every inmate shall be provided access to preventative, curative, restorative
				  and prosthetic dental care adequate to maintain good dental and general
				  health.
(b) The department shall
				  provide each inmate with a thorough dental assessment within 14 days of
				  reception into departmental custody.
(c) The department shall establish dental
				  services units accessible to all inmates, each under the direction of a dentist
				  licensed to practice in New York State.
(d) Each dental services unit shall have a
				  dental services staff consisting of a dental director and sufficient numbers of
				  licensed dentists, certified dental hygienists and dental assistants to meet
				  the routine dental care needs of the inmate population in a timely manner as
				  determined by the facility dental director.
(e) Each dental services unit shall be
				  provided with modern equipment in good repair adequate to meet the needs of the
				  dental services staff as determined by the facility dental director.
(f) Consistent with the requirements of this
				  Part, each dental services unit shall be equipped to make satisfactory
				  radiographs of the mouth as ordered by the dental director and sufficient to
				  meet the needs of the facility population.
(g) All inmates shall have access to special
				  diagnostic and therapeutic dental services provided by qualified medical and
				  dental specialists as ordered by the facility dental director in consultation
				  with the medical director.
(h) Each
				  facility shall provide access to emergency services which permit the timely
				  evaluation, treatment and disposition of emergency dental cases.
(i) Except in emergencies, dental
				  appointments for inmates shall be classified and scheduled according to inmate
				  need.
(j) A permanent individual
				  written dental record shall be maintained for every inmate and for infants as
				  appropriate. Such record shall be maintained in a manner consistent with the
				  requirements of section
				  7651.19  of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.25 - Medical diets

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall require every correctional facility to
					 establish programs of prescription and provision of therapeutic nutrition as
					 ordered by the facility medical director for all inmates in need of such
					 programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.26 - Inmates' rights as patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, the department shall afford
				  inmate patients the right to:
(1) considerate
				  and respectful care;
(2) obtain,
				  upon request, the name of the physician responsible for coordinating his/her
				  care;
(3) the name and function of
				  any person providing health care services to him/herself;
(4) obtain from the facility medical director
				  or his/her designee current information concerning his/her diagnosis, treatment
				  and prognosis in terms the inmate can reasonably be expected to understand.
				  When it is not medically advisable to give such information to the inmate, the
				  information shall be made available to an appropriate person on his/her
				  behalf;
(5) receive from his/her
				  physician information necessary to give informed consent prior to the start of
				  any procedure or treatment involving either a nonemergency treatment procedure
				  or surgery or a diagnostic procedure which involves invasion or disruption of
				  the physical integrity of the body. Such informed consent shall include, at a
				  minimum: the specific procedure or treatment; the reasonably foreseeable risks
				  involved; and alternatives to care and treatment, if any;
(6) refuse treatment to the extent permitted
				  by law and be informed of the medical consequences of this action;
(7) privacy to the extent consistent with
				  providing adequate medical care to the inmate and with the safety and good
				  order of the facility; and
(8)
				  privacy and confidentiality of all records pertaining to the inmate's
				  treatment, except as otherwise provided by law and consistent with the safety
				  and good order of the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.27 - Experimentation and research

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department shall prohibit participation by inmates in medical, pharmaceutical
				  or cosmetic experiments.
(b)
				  Nothing in this section shall prohibit the provision of investigational medical
				  therapies to inmates in need of such medical therapies or their consensual
				  participation in therapeutic research programs consistent with the requirements
				  of this Part and those of the Public Health Law, article 24-A.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.28 - Inmate health care workers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department shall require that every inmate health care worker, inmate nurses'
				  aide or inmate dental assistant satisfactorily complete training necessary to
				  carry out the duties assigned.
(b)
				  The department shall prohibit employment of inmate health care workers, inmate
				  nurses' aides or inmate dental assistants to perform the following duties:
(1) performing direct patient care services
				  for which they are not trained;
(2)
				  performing dental chairside assistance unless trained;
(3) operating equipment for which they are
				  not trained;
(4) scheduling health
				  care appointments;
(5) determining
				  other inmates' access to health care services; and
(6) handling or having access to surgical
				  instruments, syringes, needles, prescription medications and medical, mental
				  health or dental records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.29 - Inmate health education

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall establish and implement a program of
					 continuing health education which shall provide comprehensive health education
					 information which shall be accessible to all inmates.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.30 - Inmate mortality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department shall report the death of every inmate on its official count of
				  inmates to the commission by telephone within six hours of pronouncement of
				  death in a form and manner prescribed by the commission.
(b) Each facility shall mail a certified copy
				  of every deceased inmate's entire departmental health care record to the
				  commission within 10 days of death.
(c) Each facility shall immediately report
				  the death of every inmate on its official count of inmates to the coroner or
				  medical examiner having jurisdiction in the place where such inmate is
				  pronounced dead.
(d) The department
				  shall not, absent approval of identifiable next of kin, dispose of inmate
				  remains by cremation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.31 - Education and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department shall provide a formal orientation and training program for new
				  health care staff which shall include an orientation to the correctional
				  setting and the department's written policies and procedures for health
				  services.
(b) A formal continuing
				  in-service training program in clinical medicine shall be provided for all
				  health care staff members employed in each correctional facility.
(c) Such continuing in-service training
				  program shall include, but is not limited to:
(1) training in physical assessment for
				  registered professional nurses who conduct ambulatory clinic screening of
				  inmates;
(2) training in the
				  detection, diagnosis and clinical management of HIV disease, including its
				  associated psychosocial problems, provision of current effective therapies and
				  associated techniques, and infection control;
(3) assessment and treatment of persons
				  exposed to chemical agents pursuant to the requirements of Part 7634 of this
				  Title, including decontamination procedures; and
(4) training in all aspects of the emergency
				  and disaster preparedness plan required pursuant to section
				  7651.32 
				  of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.32 - Emergency and disaster preparedness

Current through Register Vol. 46, No. 28, July 10, 2024
Each correctional facility shall have in effect a written
					 health services emergency and disaster preparedness plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7651 - Health Services › Section 7651.33 - Health systems records and data

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall prevent access by the commission
					 or any employee designated by the chairman of the commission to any and all
					 records maintained by the department or any correctional facility or to any
					 information from any employee of the department, including but not limited to
					 telephonic consultation, pertaining to any inmate's medical
					 treatment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall develop and provide a comprehensive
					 academic education program that is accessible to all inmates and designed to
					 meet the needs of the inmate population. The department shall encourage inmate
					 participation in this program so that inmates may obtain those educational
					 skills and credentials that are necessary to function more productively and
					 responsibly both during incarceration and after release.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Part shall apply to all maximum
					 and medium security facilities except facilities or portions of facilities used
					 as reception centers, residential treatment facilities, work release or
					 temporary release facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.3 - Departmental policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall develop and implement written policies
					 and procedures governing the operation of its system-wide academic education
					 program which meet the requirements of this Part and Part 7605 of this
					 Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.4 - Required program components

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At a
				  minimum, the department's academic education program shall extend from basic
				  literacy training through secondary education.
(b) The educational program shall include,
				  but is not limited to, the following components:
(1) adult basic education, including
				  instruction in functional social skills;
(2) instruction as required for completion of
				  the general education development (GED) test leading to a high school
				  equivalency diploma;
(3) special
				  education for inmates identified as having an educationally handicapping
				  condition(s) and/or special learning needs; and
(4) bilingual programs designed to meet the
				  needs of the department's limited and non-English speaking inmate
				  populations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.5 - Consultation with the State Education Department

Current through Register Vol. 46, No. 28, July 10, 2024
The department's academic education programs and curricula
					 shall be developed after consultation with the State Education
					 Department.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.6 - Program accessibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  During facility reception and orientation, each inmate shall receive the
				  following information concerning the department's academic education program.
(1) the types of academic education programs
				  offered at the facility;
(2)
				  eligibility requirements; and
(3)
				  procedures for requesting to participate in academic education
				  programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.7 - Qualifications for teaching personnel, education counselors and volunteers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All academic
				  education teaching personnel employed by the department shall meet the
				  certification requirements or other required experience established by the
				  Department of Civil Service or other applicable laws.
(b) The educational guidance and counseling
				  functions required pursuant to this Part shall only be performed by qualified
				  education counselors.
(c) All
				  inmates and community volunteers who assist or tutor in departmental academic
				  education programs shall be selected and monitored by academic education
				  personnel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.8 - Student assessment and evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon as practicable following
				  reception into the department, each inmate shall undergo assessments in his/her
				  dominant language in order to identify educational needs and
				  interests.
(b) At a minimum, such
				  assessments shall determine:
(1) IQ
				  level;
(2) achievement test levels
				  in reading and mathematics;
(3)
				  oral proficiency in English for speakers of other languages;
(4) language dominance; and
(5) educationally handicapping conditions or
				  special learning needs which may require special education placement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.9 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to
				  teaching in a facility, all academic education teaching personnel employed by
				  the department shall receive an orientation to the correctional setting, the
				  field of correctional education and the department's written policies and
				  procedures on academic education.
(b) In-service training for academic
				  education personnel shall be conducted as necessary, but at least
				  annually.
(c) Prior to assuming
				  their responsibilities, all inmates and community volunteers who assist or
				  tutor in departmental academic education programs shall receive appropriate
				  training from academic education personnel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.10 - Staffing, program space, resources and materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The staffing levels for teaching
				  personnel and education counselors in each facility shall be adequate to meet
				  the department's stated goals and objectives and the requirements of this
				  Part.
(b) The department shall
				  establish a student/teacher ratio for each class which meets the demands of the
				  programs taught.
(c) The department
				  shall design and provide adequate appropriate classroom space at each
				  correctional facility.
(d) Academic
				  education personnel shall be furnished with an adequate supply of those
				  materials, resources and specialized equipment the department deems necessary
				  for an effective academic education program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.11 - Education records

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall develop and implement a recordkeeping
					 system which provides for the accurate and up-to-date documentation of the
					 performance and achievement of each inmate participating in the academic
					 education program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7677 - Academic Education › Section 7677.12 - Program evaluation and revision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall conduct an annual
				  needs assessment of the inmate population which identifies educational needs.
				  The findings of the needs assessment shall be documented in writing.
(b) A written evaluation of the academic
				  education program and each of its components shall be conducted by the
				  department as necessary, but at least annually.
(c) Such evaluation shall:
(1) examine the department's progress in
				  meeting stated goals and objectives;
(2) describe program strengths and weaknesses
				  at each facility;
(3) present staff
				  and inmate views of the program; and
(4) offer recommendations and strategies for
				  future developments and direction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to provide inmates with the opportunity to pursue
					 educational, vocational, informational or recreational interests and reduce
					 idleness during incarceration, the department shall ensure that each
					 correctional facility provides inmates regular access to library services. Such
					 library services shall be designed and administered to support, broaden and
					 strengthen each facility's total program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definition shall apply
					 to the term listed below:
General institutional library shall mean an area designated
					 on a permanent basis within a facility that allows for the adequate storage,
					 organization and display of library materials. Such area shall also include
					 space for tables and chairs and be designed and maintained by the facility to
					 ensure convenient access and direct use of materials by inmates. The term
					 general institutional library shall not refer to those materials or services
					 related to the provision of law libraries.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.3 - General institutional library services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All maximum and medium security
				  facilities shall maintain a general institutional library in conformance with
				  the requirements of this Part.
(b)
				  Materials and services provided by each general institutional library shall
				  include, but not be limited to:
(1) print and
				  nonprint materials which are current and responsive to the educational,
				  vocational, informational and recreational interests and needs of the inmate
				  population at a variety of ability levels;
(2) a reference collection which consists of
				  general and specialized materials;
(3) informational materials relating to life
				  skills, reintegration and prerelease which shall include current listings of
				  human service programs and agencies which provide information on housing,
				  employment, community/state resources and educational opportunities;
(4) an orientation program to the library
				  service which includes, but is not limited to, instructions in library
				  procedures and the use of library resources such as informational tools or aids
				  to locate materials and facts in the library; and
(5) an inter-library loan service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.4 - Material selection in general institutional libraries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The acquisition and provision of library
				  materials by each general institutional library shall be based on a systematic
				  selection process designed to determine and meet the library service interests
				  and needs of the inmate population, including those of non-English speaking
				  inmates.
(b) Such selection process
				  shall be conducted and coordinated by the facility librarian at each
				  facility.
(c) Library materials for
				  each facility shall be acquired on a continual and planned basis.
(d) The department shall provide for a review
				  of all materials selected for acquisition and provided by the general
				  institutional library to determine if such materials are a threat to the
				  safety, security or good order of a facility.
(e) Such review shall be consistent with
				  existing departmental policies and procedures governing the screening of
				  incoming publications for inmate use.
(f) Materials that are determined to pose a
				  threat to the safety, security or good order of a facility shall not be
				  acquired or held for circulation by a facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.5 - Accessibility to general institutional library services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In facilities that maintain a general
				  institutional library, inmates shall have the opportunity to access the library
				  service at least once a week.
(b)
				  Such access shall include the opportunity to directly use and study in the
				  library.
(c) If inmates do not have
				  direct access to the general institutional library, and such access has not
				  been limited or removed as a result of a disciplinary action, the facility
				  shall make provisions for reading material requests and delivery and pickup of
				  library materials on a weekly basis at designated areas or, if such areas are
				  not accessible to the inmates, at their housing units.
(d) A current list of library materials
				  accessible to inmates specified in subdivision (c) of this section and a
				  description of services provided by the library shall be made available to all
				  inmates who do not have direct access to the general institutional
				  library.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.6 - General institutional library staff

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person with a master of library science
				  degree shall be designated to administer and coordinate the provision of
				  library services for the department at all facilities.
(b) Each general institutional library shall
				  be supervised by a librarian who shall have a master of library science
				  degree.
(c) The librarian who
				  supervises library services at each facility shall be responsible for:
(1) selection of print and nonprint materials
				  and equipment as provided for in this Part;
(2) management of the facility's library
				  service including, but not limited to, the organization of materials and
				  services, the budgetary process and long- and short-range planning and
				  evaluation;
(3) assistance in the
				  selection, training and use of inmates as library clerks who shall be selected
				  on the basis of educational background, experience and institutional record;
				  and
(4) completion of a written
				  annual evaluation of the library services program against stated performance
				  goals and objectives which shall be submitted to the department.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7679 - Library Services › Section 7679.7 - Library services in minimum security facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmates in minimum security facilities
				  which do not maintain a library within the facility shall have the opportunity
				  to access library services provided outside the facility at least once a week,
				  providing such access has not been limited or removed as a result of a
				  disciplinary action.
(b) Such
				  access shall include, but not be limited to, the use of an inter-library loan
				  service.
(c) In minimum security
				  facilities, library services shall be supervised and coordinated by facility
				  program staff who are knowledgeable in the provision of such
				  services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7695 - Nondiscriminatory Treatment › Section 7695.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to provide for the fair and equal treatment of all
					 inmates, the department shall develop procedures designed to prevent unlawful
					 discrimination based upon race, religion, national origin, sex, sexual
					 orientation, age, disability, or political belief.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7695 - Nondiscriminatory Treatment › Section 7695.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definitions shall apply
					 to the terms listed below:
(a)
				  Unlawful discrimination shall mean 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.
(b) A disabled individual
				  shall mean one who has a physical or mental limitation which substantially
				  limits one or more of such person's major life activities. Such disability
				  shall be based upon a medically documented record of impairment and such person
				  shall be regarded as having a disability.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7695 - Nondiscriminatory Treatment › Section 7695.3 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department shall develop and implement written policies and procedures for all
				  facilities designed to prevent the unlawful discriminatory treatment of any
				  inmate or visitor. Such policies and procedures shall include, but are not
				  limited to:
(1) methods to address racial and
				  ethnic tensions within and between inmate groups and between staff and
				  inmates;
(2) the method of inquiry
				  to be used when staff members or volunteers have allegedly engaged in
				  discriminatory incidents of harassment, including but not limited to, racial
				  and ethnic slurs against inmates or visitors;
(3) a process that provides a discriminatory
				  treatment complaint procedure for visitors;
(4) provisions to ensure equal opportunity
				  for employment and education to eligible inmates; and
(5) the ways in which the department shall
				  ensure reasonably comparable access to program opportunities and activities for
				  female inmates.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7695 - Nondiscriminatory Treatment › Section 7695.4 - Non-discriminatory treatment of inmates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility shall ensure that inmates
				  are not subject to unlawful discrimination in any facility decision-making
				  process, including but not limited to, selection for educational, religious,
				  vocational or temporary release programs, work assignments, classification,
				  disciplinary decisions, or grievance decisions.
(b) Each facility shall provide reasonable
				  access to programs and cultural activities suitable for those racial and ethnic
				  groups with significant representation within the inmate population.
(c) Non-Enlish speaking and illiterate
				  inmates shall be provided assistance to read and/or understand all official
				  departmental communications that significantly affect them, including but not
				  limited to, communications regarding orientation, facility rules and
				  regulations, and disciplinary proceedings.
(d) Disabled and aged inmates shall be
				  afforded reasonable access to facility programs and provided, when practicable,
				  with alternative programs.
(e) The
				  conditions of confinement for female inmates shall be comparable to those of
				  male inmates.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter VI - Minimum Standards And Regulations For Management Of State Correctional Facilities › Part 7695 - Nondiscriminatory Treatment › Section 7695.5 - Determinations by the department

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Part, nothing
					 shall prevent the department from making determinations pertaining thereto
					 consistent with legitimate penological objectives, and nothing contained herein
					 shall be deemed to grant any person any additional rights, privileges or cause
					 of action not otherwise granted or provided by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.1 - 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 public records of the
				  State Energy Office may be obtained.
(c) State Energy Office 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 conflicts among laws and regulations
				  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 BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner of the State Energy
				  Office is responsible for assuring compliance with this Part. The commissioner
				  designates the following person as the records access officer of the State
				  Energy Office: Counsel, State Energy Office, Agency Building 2, Empire State
				  Plaza, Albany, NY 12223.
(b) The
				  records access officer shall coordinate responses to requests for public access
				  to records. Designation of a records access officer shall not be construed to
				  prohibit officials who have in the past been authorized to make records or
				  information available from continuing to do so.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
					 copying at the following address: State Energy Office, Agency Building 2,
					 Empire State Plaza, Albany, NY 12223.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
					 records shall be produced Monday through Friday, during regular business hours,
					 8:30 a.m.-4:45 p.m.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.5 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall be responsible for
					 assuring that State Energy Office personnel maintain a list by subject matter
					 of all records in the possession of the State Energy Office, whether or not
					 records are available pursuant to section 87 (2)  of the Public Officers
					 Law. The list shall be sufficiently detailed to permit identification of the
					 category of the record sought, and shall be updated not less than twice per
					 year, with the most recent update appearing on the front page of the
					 list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records shall be directed
				  to the records access officer. The request may be made orally or in
				  writing.
(b) A request shall
				  describe the record or records sought with as much specificity as possible.
				  Whenever possible, a person requesting records shall supply information
				  regarding the titles and dates of the records, file designations or other
				  information that may help to describe the records sought.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.7 - Response to requests for access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five business days after the
				  receipt of a request pursuant to this Part, the State Energy Office shall
				  respond to the request by:
(1) permitting
				  inspection of the records sought; or providing copies of the records sought,
				  upon payment of fees calculated according to section
				  7801.10  of this Part, or
				  upon an offer to pay such fees;
(2)
				  denying access, in whole or in part, to the records sought, with an explanation
				  in writing of the reasons therefor, and indicating that the denial may be
				  appealed under section
				  7801.8 
				  of this Part;
(3) asking for
				  clarification of the request;
(4)
				  furnishing a statement of the date when the request will be granted or denied
				  which shall include, where appropriate, a statement that access to the record
				  will be determined in accordance with the procedure prescribed in section
				  7801.9  of this Part
				  and in the Public Officers Law, section 89 (5), regarding trade
				  secrets; or
(5) certifying that the
				  State Energy Office is not the custodian of the records sought, or that the
				  records cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.8 - Appeals from denials of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (f) of
				  this section, any person denied access to records may appeal within 30 days
				  from the date of a denial.
(b) The
				  following person shall hear appeals from denials of access to records, under
				  section 89 (4)(a)  of the Public
				  Officers Law: Deputy Commissioner, State Energy Office, Agency Building 2,
				  Empire State Plaza, Albany, NY 12223.
(c) Whenever the State Energy Office receives
				  an appeal pursuant to this section, it shall transmit a copy of the appeal to
				  the Committee on Public Access to Records at the following address: Committee
				  on Public Access to Records, Department of State, 162 Washington Avenue,
				  Albany, NY 12231.
(d) The deputy
				  commissioner shall inform the appellant and the Committee on Public Access to
				  Records of his determination, in writing, within seven business days of receipt
				  of a written appeal, identifying:
(1) the
				  date and location of requests for access to records;
(2) the records that were denied;
				  and
(3) the name and return address
				  of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.9 - Trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  trade secret may consist of, but shall not be limited to: proprietary data
				  concerning past, present or planned future energy distribution, sales volumes,
				  or prices; customer lists; proprietary energy conservation or renewable energy
				  resource devices, processes or plans; and other information which is not
				  published or divulged, disclosure of which would cause substantial injury to
				  the competitive position of the submitter.
(b) A person requesting trade secret status
				  for information submitted to the Energy Office on or after the effective date
				  of this section (November 21, 1984) shall identify the information considered
				  to be a trade secret and state the reasons why the information should be
				  considered a trade secret. The request shall indicate:
(1) the specific information requested to be
				  considered a trade secret, including, where applicable, page or form and line,
				  chart or table designation;
(2) the
				  confidential nature of the information, including a description of the nature
				  and extent of the injury to the person's competitive position which would be
				  incurred were the information to be disclosed;
(3) whether the information is treated as
				  confidential by the supplier, including whether it has been made available to
				  others;
(4) whether any patent,
				  copyright or similar legal protection exists for the information;
(5) whether the public disclosure of such
				  information is otherwise restricted by law, and the specific source and
				  contents of such restrictions;
(6)
				  the date upon which such information will no longer need to be kept
				  confidential;
(7) whether the
				  request itself contains information which, if disclosed, would defeat the
				  purpose for which trade secret status is sought; and
(8) other factors considered
				  relevant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.10 - 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 issued
				  pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7801 - Public Access To Records › Section 7801.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part 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 this Part or the application thereof to other persons and
					 circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7802 - Access To Records Which Contain Personal Information › Section 7802.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				  responsibility and the intent of the State Energy Office to fully comply with
				  the provisions of article 6-A of the Public Officers Law, the Personal Privacy
				  Protection Law.
(b) Except when a
				  data subject provides the State Energy Office with unsolicited personal
				  information, the State Energy Office shall maintain in its records only such
				  personal information that is relevant and necessary to accomplish a purpose of
				  the State Energy Office 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 State
				  Energy Office seeks to ensure that all records pertaining to or used with
				  respect to individuals are accurate, relevant, timely and complete.
(e) This Part provides information regarding
				  the procedures by which members of the public can learn if the State Energy
				  Office maintains any records containing personal information pertaining to him
				  or her, request access to such records, and seek to amend or correct records
				  which he or she believes are not accurate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter I - General Regulations › Part 7802 - Access To Records Which Contain Personal Information › Section 7802.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
					 have the indicated meanings:
(a) Data
				  subject means any natural person about whom personal information has been
				  collected by an agency.
(b)
				  Personal information means any data concerning a data subject which, because of
				  name, number, symbol, mark or other identifier, can be used to identify that
				  data subject.
(c) Record means any
				  item, collection or grouping of personal information about a data subject which
				  is maintained and is retrievable by use of the name or other identifier of the
				  data subject. The term record shall not include personal information not used
				  to make a determination about a data subject such as:
(1) a telephone book or directory;
(2) a card catalog, book or other resource
				  material in any library;
(3) a
				  compilation of information containing names and addresses used exclusively for
				  mailing agency information;
(4)
				  personal information required by law to be maintained, and required by law to
				  be used only for statistical research or reporting purposes;
(5) information requested by the State Energy
				  Office which is necessary to answer unsolicited requests by the data subject
				  for information; or
(6)
				  correspondence files.