reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.9 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject
					 for correction or amendment of a record of personal information that is
					 reasonably described and that pertains to the data subject, the privacy
					 compliance officer shall:
(a) make the
				  amendment or correction in whole or in part and inform the data subject that,
				  on request, such correction or amendment will be provided to any person or
				  governmental unit to which the record or personal information has been or is
				  disclosed pursuant to paragraph (d), (i) or (l) of section 96 (1)  of the Public Officers
				  Law; or
(b) inform the data subject
				  in writing of its refusal to correct or amend the record, including the reasons
				  therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.10 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
Denial of a request for records or amendment of correction
					 of a record or personal information shall:
(a) state the specific facts and reasons for
				  the denial; and
(b) advise the
				  requestor of the right to appeal such denial to the State Commission of
				  Correction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.11 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to a record or denied a request to amend or correct a record or
				  personal information, may appeal to: Special Counsel, State Commission of
				  Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th
				  Floor, Albany, NY 12210-8001.
(b)
				  The time for deciding on appeal shall commence upon receipt of an appeal that
				  identifies:
(1) the date and location of a
				  request for a record or amendment or correction of a record or personal
				  information;
(2) the record that is
				  the subject of the appeal; and
(3)
				  the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.12 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				  personal information is denied in whole or in part upon appeal, the
				  determination rendered pursuant to the appeal shall inform the data subject of
				  the right to:
(1) file with the commission a
				  statement of reasonable length setting forth the data subject's reasons for
				  disagreement with determination; or
(2) request that such a statement of
				  disagreement be provided to any person or governmental unit to which the record
				  has been or is disclosed pursuant to paragraph (d), (i) or (l) of section 96 (1)  of the Public Officers
				  Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.13 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				  otherwise prescribed by statute, 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 AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.14 - Accounting of disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commission shall keep an accounting of all disclosures made pursuant to
				  paragraphs (d), (i) and (l) of subdivision 1 of section 96  of the Public Officers Law.
(b) Such accounting shall be retained as part
				  of the record disclosed for five years after disclosure of the record or the
				  life of the record disclosed, whichever is longer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.15 - 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 AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part shall be to provide a mechanism
					 and procedure by which a local correctional facility may seek and acquire
					 commission approval of an agreement to detain the inmates of another state
					 pursuant to section 500-o  of the Correction
					 Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.2 - 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)
				  Commission shall mean the State Commission of Correction.
(b) Facility shall mean a county jail or
				  penitentiary or a correctional facility under the jurisdiction of the New York
				  City Department of Correction.
(c)
				  Eligible inmate shall mean an inmate, sentenced by the court of another state,
				  to a term of imprisonment in excess of 90 days but no more than one
				  year.
(d) Legislature shall mean
				  the county legislature, board of supervisors or, with regard to the City of New
				  York, the city council.
(e) Chief
				  executive officer shall mean the chief executive officer of the county or, with
				  regard to the City of New York, the mayor.
(f) Agreement shall mean an agreement by the
				  sheriff, warden, superintendent, local commissioner of correction or other
				  person in charge of a facility, with a correctional institution located in
				  another state, to provide for the custody of eligible inmates in such
				  facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided by an agreement, approved by the legislature, chief executive officer
				  and Commission, or pursuant to any other applicable law or regulation, a
				  facility shall not detain an inmate committed or sentenced by the court of
				  another state.
(b) Each eligible
				  inmate confined to a facility shall be dealt with in all respects in the same
				  manner as an inmate committed to the facility pursuant to paragraph (e) of
				  Correction Law section 500-a.
(c)
				  Notwithstanding the requirements of subdivision (b) of this section, an
				  eligible inmate shall not be deprived of any legal right which such inmate
				  would have had if confined in a correctional institution in the jurisdiction in
				  which he or she was convicted.
(d)
				  A facility's agreement to detain eligible inmates shall not have a detrimental
				  effect upon the safety, security and good order of the facility, nor shall it
				  result in a facility's violation of applicable laws and regulations, including,
				  but not limited to, regulations controlling maximum facility capacity, inmate
				  classification and staffing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.4 - Application for commission approval

Current through Register Vol. 46, No. 28, July 10, 2024
Any application for commission approval of an agreement
					 shall be made in writing by the sheriff, warden, superintendent, local
					 commissioner of correction or other person in charge of a facility, and shall
					 include:
(a) a complete copy of the
				  entire agreement, including all exhibits, appendices and any other record
				  referenced therein;
(b) a copy of
				  the approval of the legislature and chief executive officer;
(c) a written analysis by the facility's
				  county attorney, or attorney representing the facility's chief administrative
				  officer, which serves to identify each and every legal right, apart from those
				  normally provided to inmates committed to the custody of the facility, that an
				  eligible inmate would enjoy if confined in a correctional institution of the
				  jurisdiction in which the eligible inmate was convicted;
(d) a written analysis by the facility's
				  county attorney, or attorney representing the facility's chief administrative
				  officer, which provides legal authority for the manner in which eligible
				  inmates will be transported to and from the facility pursuant to the
				  agreement;
(e) a written plan by
				  the facility's chief administrative officer, including relevant policies and
				  procedures, to provide eligible inmates each additional right identified in the
				  analysis required by subdivision (c) of this section, including an analysis of
				  the effect such additional provisions will have on staffing, inmate
				  classification, facility capacity, and the overall safety, security and good
				  order of the facility; and
(f) any
				  further information and records deemed relevant by the facility's chief
				  administrative officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.5 - Commission review of application

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of an application, submitted pursuant to the
					 requirements of section
					 7205.4 
					 of this Part, the commission shall conduct a review thereof, with consideration
					 given to:
(a) the effect the agreement
				  would have upon the safety, security and good order of the facility;
(b) the facility's ability to comply with the
				  requirements of section
				  7205.3  of this Part;
				  and
(c) the current state of the
				  facility, including, but not limited to:
(1)
				  inmate classification and capacity limitations;
(2) facility staffing;
(3) physical plant issues; and
(4) past compliance with relevant laws and
				  regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.6 - Commission determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Following an application review pursuant to section
				  7205.5 
				  of this Part, the commission shall render a determination. Such determination
				  shall be in writing to the sheriff, warden, superintendent, local commissioner
				  of correction or other person in charge of the facility, and shall signify the
				  commission's decision to either deny approval of the agreement, approve the
				  agreement as submitted, or approve the agreement subject to required amendments
				  or modifications.
(b) Any
				  commission determination granting approval pursuant to subdivision (a) of this
				  section shall pertain only to the submitted agreement. Any amendment,
				  modification, renewal or extension of the agreement, other than amendments or
				  modifications required as a condition of commission approval, shall require the
				  submission of an application pursuant to the requirements of this
				  Part.
(c) Following a determination
				  granting approval pursuant to subdivision (a) of this section, and at any time
				  during the duration of the agreement, the commission may, for good cause,
				  revoke such approval. The commission's determination to revoke approval of the
				  agreement may be based upon the following considerations:
(1) the effect the agreement has had upon the
				  safety, security and good order of the facility;
(2) the facility's inability to comply with
				  the requirements of section
				  7205.3  of this Part;
				  or
(3) the current state of the
				  facility, including, but not limited to:
(i)
				  inmate classification and capacity limitations;
(ii) facility staffing;
(iii) physical plant issues; or
(iv) compliance with relevant laws and
				  regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7205 - Agreements For Custody Of Inmates From Other States › Section 7205.7 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 15th day of February of each year, the
					 chief administrative officer of a facility, which detained eligible inmates in
					 the previous year pursuant to an agreement, shall forward a written report to
					 the commission setting forth:
(a) a
				  description of each agreement; and
(b) the number of inmates confined pursuant
				  to each agreement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part shall be to provide a mechanism
					 and procedures for the alternate housing of inmates when the facility to which
					 they are confined becomes unfit or unsafe for their
					 confinement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commission
				  means the State Commission of Correction.
(b) Commissioner means the Commissioner of
				  the New York State Department of Corrections and Community
				  Supervision.
(c) Facility means a
				  county jail or penitentiary or a correctional institution under the
				  jurisdiction of the New York City Department of Correction.
(d) Facility administrator means the chief
				  administrative officer of a county jail or penitentiary.
(e) Institution means a correctional facility
				  under the jurisdiction of the New York State Department of Corrections and
				  Community Supervision.
(f) Suitable
				  place means a building in the county which is capable of providing shelter and
				  security for prisoners and which is designed and equipped to satisfy the
				  requirements of State and local codes pertaining to sanitation, fire safety and
				  public assembly.
(g) Extraordinary
				  circumstances includes acts or substantial threats of acts of violence which
				  threaten to breach the security of a facility, taking hostages, mass arrests,
				  inmate disturbance, riot, escape or work stoppage.
(h) Civil disaster includes pestilential
				  diseases, nuclear accidents and toxic chemical spills.
(i) Natural disaster includes fire,
				  earthquake, flood, hurricane or landslide.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.3 - Designation of officer of the day

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall designate one of its members or
					 administrators as the officer of the day. Such person shall be responsible for
					 making decisions governing emergencies and the granting of substitute jail
					 orders at such times when the commission is not assembled, when a determination
					 by the commission is not obtainable, or at times when the commission deems
					 appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall affect the transfer of
					 inmates:
(a) from a county jail or
				  penitentiary to another suitable place in such county;
(b) from the county jail or penitentiary of
				  one county to the county jail or penitentiary of another county;
(c) from a county jail or penitentiary to a
				  facility under the jurisdiction of the New York City Department of Correction
				  or to an institution under the jurisdiction of the New York State Department of
				  Corrections and Community Supervision.
(d) from the New York City Department of
				  Correction to a county jail or penitentiary; or
(e) consistent with the provisions of section
				  7210.6(e)  of this Part, in returning such inmates from a correctional
				  institution under the jurisdiction of the New York State Department of
				  Corrections and Community Supervision to a county jail or
				  penitentiary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.5 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission
				  shall issue a substitute jail order authorizing the confinement of some or all
				  of the inmates of a facility in another suitable place or facility, or upon the
				  consent of the commissioner, an institution, under any of the following
				  circumstances:
(1) when the facility in which
				  the inmate or inmates are confined becomes unfit or unsafe for their continued
				  confinement, is unable to properly maintain its inmates or a group of inmates
				  in proper classification, or when the inmate count of such facility reaches a
				  level which renders it unsafe or imprudent for the confinement of the total
				  inmate population, and a reduction in the number of inmates is deemed
				  advisable;
(2) when, as a result of
				  natural or civil disaster, inmate disturbance or other factors which render it
				  unsafe or unsound to house inmates in a given area, the evacuation of such
				  inmates is required;
(3) when the
				  safety or security of an inmate or group of inmates is threatened by their
				  confinement in a facility and the facility administrator reasonably believes
				  that the public interest, as well as the safety of the inmates, would be better
				  served by their being housed in another suitable place or facility;
(4) when the facility is unable to provide
				  vital services, such as medical, mental health and food services, and the
				  facility administrator reasonably believes that such services are more readily
				  available at another suitable place or facility; or
(5) when, due to extraordinary circumstances,
				  the facility administrator determines that the public interest and facility
				  security would be served by the transfer of an inmate or group of inmates to
				  another suitable place or facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.7 - Records to accompany inmates

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an inmate is transferred pursuant to this Part,
					 the facility administrator of the sending facility shall deliver to the
					 receiving facility or institution a copy of the inmate's commitment papers, a
					 medical summary if one is available, a written notification of the reason for
					 transfer, and any other information pertaining to the inmate which will be
					 helpful to the receiving facility or institution in providing housing and
					 treatment for the inmate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.8 - Notification to inmates

Current through Register Vol. 46, No. 28, July 10, 2024
After the transfer of an inmate pursuant to this Part, the
					 facility administrator of the receiving facility shall provide him immediately
					 with a written notification of the reasons for his transfer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.9 - Rights of transferred inmates

Current through Register Vol. 46, No. 28, July 10, 2024
Any inmate transferred pursuant to this Part shall be
					 entitled to all the rights and privileges available to other inmates of the
					 receiving facility; provided that the rights and privileges available to an
					 inmate transferred to an institution shall be subject to the reasonable rules
					 and regulations of the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.10 - Revocation

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may, at any time, revoke a substitute jail
					 order upon a determination that the transfer of inmates to a suitable place or
					 another facility is no longer appropriate or necessary. Upon revocation of such
					 order, the commission shall promptly notify the facility administrator of the
					 sending and receiving facilities of its decision to revoke the order stating
					 its reasons therefor, and shall cause to be filed with the county clerks of the
					 respective counties an order of revocation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7302 - DEFINITIONS › Section 7302.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Chapter, unless specifically stated
					 otherwise, the following definitions shall apply to the terms listed
					 below:
(a) Commission shall mean the
				  New York State Commission of Correction.
(b) OCFS shall mean the New York State Office
				  of Children and Family Services.
(c) Facility shall mean a specialized secure
				  juvenile detention facility for older youth.
(d) Youth shall mean an adolescent offender,
				  as that term is defined in Criminal Procedure Law section
				  1.20(44), that has been
				  committed or sentenced to a facility.
(e) Director shall mean the individual wholly
				  responsible for the operations of a facility.
(f) Designee shall mean a qualified
				  individual, under the authority of the director, to whom the director has
				  assigned a specific duty or responsibility.
(g) Sheriff shall mean the sheriff or
				  commissioner of correction to whose custody a youth was committed or
				  sentenced.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7303 - Construction and Renovation › Section 7303.1 - 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)
				  Facility shall mean a specialized secure juvenile detention facilities for
				  older youth.
(b) Construction or
				  renovation shall mean:
(1)  all acquisition
				  or designation of a physical plant not originally operated as a
				  facility;
(2) all new facility
				  construction; or
(3) all
				  renovations, additions, or substantial alterations to an existing facility
				  setting which involves physical structure, security, or major fixed equipment
				  changes, other than replacement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7303 - Construction and Renovation › Section 7303.2 - Construction and renovation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  plans and specifications for the construction or renovation of a facility shall
				  be submitted to the State Commission of Correction (the Commission) and the
				  Office of Children and Family Services (OCFS) for review and
				  approval.
(b) Such approval by the
				  Commission and OCFS shall be obtained before a construction or renovation
				  project is advertised for bids. If a bid- ding procedure will not be followed,
				  Commission and OCFS approval must be obtained before any construction or
				  renovation begins.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7304 - Certification › Section 7304.1 - 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)
				  Facility shall mean a specialized secure juvenile detention facilities for
				  older youth.
(b) Commission shall
				  mean the New York State Commission of Correction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7304 - Certification › Section 7304.2 - Certification required

Current through Register Vol. 46, No. 28, July 10, 2024
No facility, subject to regulation, inspection and
					 evaluation by the Commission, shall be operated unless it shall possess valid
					 ope rating certificates issued by the Office of Children and Family Services
					 (OC FS), and the Commission pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7304 - Certification › Section 7304.3 - Application for certification

Current through Register Vol. 46, No. 28, July 10, 2024
Any application for an operating certificate pursuant to
					 this Part shall be made upon forms prescribed by the Commission, which shall
					 contain:
(a) the name of the facility
				  and its location;
(b) the name and
				  address of the authorized agency, corporation, association, organization,
				  proprietary operator or public agency, who or which operates such
				  facility;
(c) any plan to collocate
				  a facility with a juvenile secure detention facility;
(d) the counties to be serviced by the
				  facility;
(e) a physical
				  description of the facility, including land, buildings and equipment;
(f) proposed resident capacity;
(g) a plan and description of staff
				  positions, including duties and qualifications;
(h) if applicant is a corporation, the names,
				  addresses and occupations of the members of the board of directors;
(i) the ownership or control of the land and
				  premises, if other than the operator; and
(j) such other information as may be
				  required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7304 - Certification › Section 7304.4 - Approval, revocation and renewal of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application shall be approved, and an
				  operating certificate shall be issued, only when the Commission finds that the
				  facility meets, and will be operated in accordance with, the requirements of
				  this Chapter.
(b) Certification
				  shall be granted in writing for a period of not more than two years, and may be
				  revoked at any time by the Commission if it finds the facility to be unsafe,
				  unsanitary, or in violation of the regulations contained in this
				  Chapter.
(c) At least ninety (90)
				  days prior to the expiration an operating certificate, the facility shall
				  refile an application for the renewed issuance of such operating certificate.
				  Any determination by the Commission to renew an operating certificate shall be
				  made in accordance with subdivision (a) of this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, each facility shall establish policies and
				  procedures designed to ensure that every youth is admitted to such facility in
				  accordance with law, and in a manner designed to protect the safety of all
				  persons, and the security of the facility.
(b) Only youth lawfully committed to the
				  custody of a sheriff, or otherwise authorized to be detained therein, shall be
				  admitted to such facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.2 - Authority for admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prior to the admission of any youth, facility staff performing intake and
				  admissions functions shall examine the committing instrument or document which
				  serves as the basis for the admission. Youth shall be admitted to a facility
				  only when:
(1) an examination of available
				  youth identification confirms that a youth's identity corresponds with any
				  information accompanying such document;
(2) reasonable efforts have been made to
				  confirm that the youth is of proper age for admission to the facility. If the
				  youth has not reached his or her 16th birthday, such youth shall not be
				  admitted to the facility;
(3)
				  reasonable efforts have been made to confirm that the commitment document bears
				  the signature of a magistrate or other appropriate authority; and
(4) it has been determined that the
				  commitment document is not otherwise defective so as to render the admission of
				  a youth unlawful.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.3 - Identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this section, identification procedures, including
				  photographs, shall be established for youth confined in a facility.
(b) When, in the opinion of the director, or
				  designee, the growth or removal of a youth's hair, including facial hair,
				  creates an identification problem, a new photograph may be taken of the
				  youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.4 - Contraband confiscation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Facility staff shall confiscate all contraband from youth admitted to the
				  facility.
(b) As used in this
				  section, the term contraband shall mean:
(1)
				  any article or substance, the possession of which would constitute an offense
				  as that term is defined in the New York State Penal Law;
(2) any deadly weapon, as defined in
				  subdivision 12 of section 10.00  of the Penal Law;
(3) any article or substance, the possession
				  of which is specifically prohibited by written facility regulations;
(4) any article or substance, the possession
				  of which is specifically prohibited by the provisions of this Subtitle;
				  and
(5) any article or substance
				  which may present a substantial sanitation or health threat to the
				  facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.5 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A facility
				  shall record and maintain information concerning each youth admitted to a
				  facility.
(b) A record shall be
				  made of the name, address, telephone number and relationship to the youth, of a
				  parent, legal guardian, or spouse to be notified in case of the death, serious
				  illness or other serious incident involving the youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.6 - Medical screening

Current through Register Vol. 46, No. 28, July 10, 2024
A medical screening questionnaire shall be administered by
					 facility staff at the time of admission, or prior to the placement of a youth
					 in a facility housing unit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.7 - Personal hygiene and clothing issue

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of Part
				  7312 of this Title, all youth shall be provided, at admission, with an issue of
				  personal hygiene items.
(b)
				  Clothing shall be issued to youth when requested or required pursuant to the
				  requirements of Part 7312 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.8 - Admissions telephone call

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the provisions of Part 7331 of this Title,
					 youth shall be permitted to make telephone calls to parents, legal guardians
					 and legal counsel upon admission to a facility. Youth shall be informed upon
					 admission of their rights to make such telephone calls.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7305 - ADMISSIONS AND INTAKE › Section 7305.9 - Facility policies and information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each facility shall prepare and distribute to all youth, upon admission, a
				  written copy of facility policies and information. Such policies and
				  information shall include, but not be limited to, the following:
(1) behavior support policies;
(2) available health and behavioral health
				  services, including physician and psychiatrist visits and sick calls;
(3) telephone services and policies for
				  use;
(4) recreation and exercise
				  schedules;
(5) information and
				  eligibility criteria for any available facility program including, but not
				  limited to:
(i) educational
				  programs;
(ii) vocational programs;
				  and
(iii) work programs;
(6) daily schedules;
(7) packages policy and permissible
				  items;
(8) correspondence
				  policy;
(9) visitation policies and
				  schedules;
(10) eligibility
				  criteria and procedures for requesting funeral and deathbed visits;
(11) eligibility criteria and procedures,
				  including application forms, for conditional release;
(12) religious worship schedules;
(13) grievance procedures;
(14) the availability of legal reference
				  materials and supplies, including a specific reference to the availability of
				  rules and regulations of the State Commission of Correction; and
(15) any additional information the director
				  feels may assist youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall be operated in a manner that provides
					 for the adequate supervision of every youth and for a safe and secure
					 environment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.2 - 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)
				  Supervision tour shall mean:
(1) a personal
				  visual observation of each youth by facility staff responsible for the care and
				  custody of such youth to monitor their presence, well-being and conduct;
				  and
(2) a personal visual
				  inspection of each occupied individual occupancy room, and the unit surrounding
				  each individual occupancy room, by staff responsible for the care and custody
				  of youth to maintain the safety, security, and operational stability of the
				  facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.3 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, each facility shall develop
				  written policies and procedures that govern security and supervision. Such
				  policies and procedures shall include, but not be limited to:
(1) supervision of youth in facility living
				  units;
(2) supervision of youth
				  outside facility living units;
(3)
				  records of supervision;
(4)
				  requirements of staff prior to assuming responsibilities in an assigned
				  facility area;
(5)
				  contraband;
(6) use of physical
				  restraints and mechanical restraints;
(7) youth population counts;
(8) transport of youth;
(9) firearms control;
(10) key control;
(11) locks and other security
				  devices;
(12) tool and equipment
				  control; and
(13) perimeter
				  control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.4 - Supervision of youth in facility living units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Active supervision shall be maintained in
				  any facility living unit when any youth is confined in such unit.
(b) The director, his or her designee, or the
				  appropriate facility health staff shall determine whether a youth requires
				  additional supervision based on the youth's condition, illness or injury, and
				  the director, his or her designee, or the appropriate facility health staff
				  shall order such supervision if warranted. Additional supervision may include
				  more frequent supervision tours, or constant supervision. Such determination
				  shall be documented and include, but not be limited to, the following
				  information:
(1) the reasons underlying such
				  determination;
(2) orders made
				  requiring such additional supervision, including the dates and times when the
				  supervision is to be initiated and concluded;
(3) the name(s) of the individual(s) making
				  such determination and/or ordering the supervision; and
(4) periodic facility staff observations of
				  the youth's condition and behavior.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.5 - Supervision of youth outside facility living units

Current through Register Vol. 46, No. 28, July 10, 2024
Active supervision shall be maintained whenever youth are
					 participating in activities outside their facility living
					 units.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.6 - Records of supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  written records pertaining to supervision, as required in this section, shall
				  be recorded legibly in ink, in a bound ledger of consecutively numbered pages,
				  and shall be maintained for each living unit and program area. Such records
				  shall include, but not be limited to, the following information:
(1) the name or designation of the living
				  unit or program area for which the supervision is being maintained;
(2) the name(s) of staff conducting the
				  supervision;
(3) the date and time
				  when supervision is initiated and concluded; and
(4) any significant events or activities
				  occurring during supervision, including, but not limited to:
(i) the date and time of such event or
				  activity;
(ii) the names of all
				  youth and staff involved;
(iii)
				  staff response to such event or activity if applicable, including a summary of
				  what occurred; and
(iv) a
				  description of any change in the physical or mental condition of any youth
				  involved in such event or activity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.7 - Requirements of staff prior to assuming responsibilities in an assigned facility area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  assuming responsibilities in an assigned facility area, each staff shall review
				  the log entries maintained pursuant to section 7306.6  of this Part.
(b) Upon assuming responsibilities in an
				  assigned facility area, an assigned staff shall perform the following:
(1) conduct an actual count of the youth
				  assigned to the staff's area of responsibility and record such results in the
				  logbook;
(2) obtain and count all
				  necessary keys for the assigned area in accordance with the provisions of
				  section 7306.13  of this Part;
(3)
				  inspect all supplies, equipment, locks, doors, security windows, and other
				  securing devices;
(4) perform any
				  other necessary security functions as determined by the director; and
(5) make a log entry documenting activities
				  required by this section and initial such records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.8 - Contraband

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Youth searches
				  shall be conducted solely to inspect for contraband or to recover missing or
				  stolen items.
(b) The disposition
				  of discovered contraband shall be made in accordance with Part 7305 of this
				  Title.
(c) Nothing in this section
				  shall limit or restrict a facility from using electronic devices during the
				  search of youth, visitors, facilities, or secure grounds.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7306 - SECURITY AND SUPERVISION › Section 7306.9 - Use of physical restraints and mechanical restraints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use of physical restraints and
				  mechanical restraints by facility staff shall be in accordance with applicable
				  laws, regulations and facility policy, and shall be limited to circumstances
				  where approved non-physical behavior management techniques have been tried and
				  failed, or the circumstances of the incident render the use of non-physical
				  techniques impractical, such as an emergency physical intervention to protect
				  the safety of a person, or a youth is attempting to escape.
(b) Neither physical restraints nor
				  mechanical restraints shall be used for purposes of discipline, punishment, or
				  for the convenience of staff.
(c)
				  Any youth involved in a physical incident, whether appropriate or not, shall
				  thereafter be evaluated by a licensed health care professional and, if
				  warranted, receive medical treatment.
(d) Any physical incident, whether
				  appropriate or not, shall be immediately recorded in the appropriate logbook(s)
				  and shall be fully documented within 24 hours of the incident.