reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 250 - Scope And Interpretation Of Rules And Regulations In This Chapter › Section 250.2 - General policies on discipline of incarcerated individuals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  is the policy of the department to eliminate, mitigate, and respond to
				  disparities so as to ensure a fair and equitable distribution of benefits and
				  burdens in the placement of incarcerated individuals in housing unit
				  assignments, institutional work assignments, and programs; and the proper post
				  release supervision of parolees to include, but not be limited to, supervision
				  level, violation processes, and early discharge/merit terminations. Moreover,
				  it is the department's policy that any administrative processes associated with
				  any incarcerated individual or parolee who may be subject to discipline and
				  grievances are conducted fairly to ensure that decisions are not influenced by
				  stereotypes or biases based on age, race, creed, color, national origin, sexual
				  orientation, military status, sex, disability, predisposing genetic
				  characteristics, familial status, marital status or domestic violence victim
				  status. To do so, the department shall provide ongoing staff training,
				  monitoring, and auditing systems to ensure compliance with all provisions of
				  this policy. The department shall develop programs to help incarcerated
				  individuals work and live together regardless of their identity and
				  backgrounds.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 250 - Scope And Interpretation Of Rules And Regulations In This Chapter › Section 250.3 to 250.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Section 251.1 to 251.7 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.1 - General policy

Current through Register Vol. 46, No. 28, July 10, 2024
All incidents of inmate violations of rules and
						regulations, inmate misbehavior and inmate failure or refusal to comply with an
						instruction given by an employee acting within the scope of his official duties
						shall be handled as quietly and routinely as possible, giving due regard to
						danger to life, health, security and property.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.2 - Use of physical force

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The greatest caution and conservative judgment shall be applied in determining:
(1) whether physical force is necessary;
					 and
(2) the degree of such force
					 that is necessary.
Each employee is personally charged under law and the
						policies of the department with responsibility for acting in good faith, with
						reasonable care and upon probable cause.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.3 - Reports of use of physical force

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee who has used physical force
					 on an inmate shall make a written report in prescribed form immediately to the
					 superintendent.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.5 - Minor infractions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee should deal
					 with minor infractions, or other violations of rules and policies governing
					 incarcerated individual behavior, that do not involve danger to life, health,
					 security or property by counseling, warning, and/or reprimanding the
					 incarcerated individual, and the employee need not report such minor
					 incidents.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.6 - Confinement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incarcerated individuals in
					 special populations as defined in 7 NYCRR §
											1.5   shall not be placed in
					 segregated confinement for any length of time.
(b) An incarcerated individual may be confined to
					 a cell or room where such action appears reasonably necessary for protection of the
					 incarcerated individual. In any such case, however, the incarcerated individual
					 shall not be so confined for more than 17 hours, unless approval for an extension of
					 this time has been granted by the facility superintendent and deputy commissioner
					 for correctional facilities. In which case this period may be extended up to 48
					 hours.
(c) The provisions of this
					 section shall not be construed so as to prohibit emergency action by the
					 superintendent of the facility and, if necessary for the safety or security of the
					 facility, all incarcerated individuals or any segment of the incarcerated
					 individuals in a facility may, on the order of the person in charge of the facility,
					 be confined in their cells or rooms for the duration of any period in which the
					 safety or security of the facility is in jeopardy. In any such case the
					 superintendent shall immediately notify the commissioner.
(d) Repealed
(e) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-1 - Initial Actions in Cases of Incarcerated Individual Misbehavior › Section 251-1.7 - Admission to special housing units

Current through Register Vol. 46, No. 28, July 10, 2024
Admission of an incarcerated individual to a special housing
						unit shall be in accord with Part 301 of this Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-2 - Review Officer › Section 251-2.1

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-2 - Review Officer › Section 251-2.2 - Misbehavior report review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A review officer shall review all misbehavior
					 reports, which have not yet been reviewed, at least once on each shift. The review
					 officer shall also review the status of each incarcerated individual confined
					 pursuant to a misbehavior report under review within 17 hours of such confinement
					 and may order release from confinement where the act of misbehavior is ineligible
					 for segregated confinement.
(b) Repealed
(c) Repealed
(d) Repealed
(e) Repealed
(f) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-3 - Misbehavior Report › Section 251-3.1 - Misbehavior report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 incident of inmate misbehavior involving danger to life, health, security or
					 property must be reported, in writing, as soon as practicable.
(b) The misbehavior report shall be made by
					 the employee who has observed the incident or who has ascertained the facts of
					 the incident. Where more than one employee has personal knowledge of the facts,
					 each employee shall make a separate report or, where appropriate, each employee
					 shall endorse his/her name on a report made by one of the employees.
(c) The misbehavior report shall include the
					 following:
(1) a written specification of the
					 particulars of the alleged incident of misbehavior involved;
(2) a reference to the inmate rule book
					 number allegedly violated by the inmate, and a brief description of the
					 rule;
(3) the date, time and place
					 of the incident;
(4) when more than
					 one inmate was involved in an incident, the report should, to the extent
					 practicable under the given circumstances, indicate the specific role played by
					 each inmate. Where two or more incidents are involved, all of them may be
					 incorporated into a single misbehavior report. However, each incident must be
					 separately stated.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-4 - Inmate's Assistant › Section 251-4.1 - Employee Assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An incarcerated individual shall have the
					 opportunity to request assistance from an employee, to be designated by the
					 facility, who shall assist the incarcerated individual when a misbehavior report has
					 been issued against the incarcerated individual if:
(1) the incarcerated individual is either
					 illiterate or non-English speaking; or
(2) the incarcerated individual is sensorially
					 disabled (in which case the incarcerated individual will be provided reasonable
					 accommodations including, but not limited to, the provision of a qualified sign
					 language interpreter for a deaf and hard of hearing incarcerated individual who uses
					 sign language to communicate); or
(3)
					 the incarcerated individual is placed in segregated confinement pending a
					 superintendent's hearing to be conducted pursuant to Part 254 of this
					 Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-4 - Inmate's Assistant › Section 251-4.2

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-5 - Timeliness › Section 251-5.1 - Timeliness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where an incarcerated individual is subject to
					 a superintendent's hearing, the hearing must be completed within five days of such
					 placement in segregated confinement, unless the subject incarcerated individual
					 requests a postponement for the purposes of seeking employee assistance and/or
					 representation.
(b) Requests to postpone
					 the hearing must be submitted by the charged individual to the hearing officer, in
					 person, at the individual's first appearance before the hearing officer. Failure to
					 appear will result in the waiver of any postponement request and the hearing will be
					 held in the charged individual's absence. Postponement requests will not be accepted
					 by escorting officers or other departmental staff.
(c) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-5 - Timeliness › Section 251-5.3 - Notice of outside representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At least two business days before the
					 scheduled hearing, the attorney, law student, or paralegal must contact the facility
					 by email, providing notice of representation, written certification such
					 representative meets all departmental requirements for such representation, and a
					 publicly listed business phone number where they can be reached by the hearing
					 officer at scheduled date and time of the hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 251 - Cases of Incarcerated Individual Misbehavior › Subpart 251-5 - Timeliness › Section 251-5.4 - Outside representative requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Outside representatives may make one written
					 request for postponement for rescheduling or additional employee assistance
					 requests, provided that such request is submitted by email with the notice of
					 outside representation and reasonably describe the assistance sought.
(b) Reasonable postponement requests may be
					 granted dependent upon the scheduling needs of the facility; however, such
					 postponements may not exceed 14 calendar days from the charged initial placement in
					 segregated confinement.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.1 - Violation officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				  shall be in each correctional facility one or more officers of the rank of
				  sergeant or above who shall function as a violation officer, the number to be
				  dependent upon the needs of the facility.
(b) The violation officer shall be
				  responsible for conducting the violation hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.2 - Function of the violation hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the violation hearing shall be to hear and
					 determine allegations of rule violations contained in the misbehavior reports
					 referred for violation hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of
				  a misbehavior report from the review officer, the violation officer shall:
(1) give a copy of the misbehavior report to
				  the inmate at the violation hearing;
(2) allow the inmate to be present at the
				  violation hearing, unless he refuses to attend; and
(3) allow the inmate to present documentary
				  evidence, to submit a written statement on his behalf, and to reply to the
				  charge. The inmate shall not have the right to call witnesses on his
				  behalf.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.4 - Non-english speaking and sensorially disabled inmates

Current through Register Vol. 46, No. 28, July 10, 2024
A non-English speaking inmate who cannot read and
					 understand English must be given charges translated and provided with a
					 translator who shall be present at the hearing. A deaf or hard of hearing
					 inmate who uses sign language to communicate shall receive the assistance of a
					 qualified sign language interpreter who shall be present at the hearing. A hard
					 of hearing inmate who uses an amplifier or other device as a reasonable
					 accommodation must have the opportunity to use such device during the
					 hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.5 - Dispositions at violation hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon affirming a charge, the violation
				  officer may impose any two of the following penalties to be served within a
				  13-day period. Penalties may be suspended for a period of 13 days:
(1) loss of all or part of recreation (game
				  room, day room, television, movies, yard, gym, special events) for up to 13
				  days;
(2) loss of maximum of two of
				  the following privileges: one commissary buy, excluding items related to the
				  inmate's health and sanitary needs, withholding of radio for up to 13 days,
				  withholding of packages for up to 13 days, excluding perishables that cannot be
				  returned;
(3) the imposition of one
				  work task per day other than a regular work assignment for a maximum of seven
				  days, excluding Sundays and public holidays, to be performed on the inmate's
				  housing unit or other designated area. Inmates given such disposition who are
				  participating in a regular work assignment shall not be required to work more
				  than eight hours per day. The eight-hour limitation excludes such non-work
				  assignments as educational or vocational school programming; and
(4) counsel and/or reprimand.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.6 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Appeals must be submitted within 24 hours of receipt of the
					 violation disposition to the superintendent or his designee. A decision shall
					 be issued within seven days of receipt of the appeal.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 252 - Violation Hearing › Section 252.7 - Discretionary review by superintendent

Current through Register Vol. 46, No. 28, July 10, 2024
At any time during which a penalty imposed pursuant to a
					 violation hearing is in effect, the superintendent may reduce the
					 penalty.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.1 - Establishment of the disciplinary hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				  at each correctional facility one or more hearing officers of the rank of
				  lieutenant or above who shall function as a disciplinary hearing officer, the
				  number to be dependent upon the needs of the facility. The superintendent may,
				  in his discretion, designate some other employee to conduct disciplinary
				  hearings.
(b) The disciplinary
				  hearing officer shall be responsible for conducting disciplinary hearings in an
				  impartial manner. No person who has participated in any investigation of the
				  acts shall be a hearing officer at a hearing relating to those acts, nor shall
				  any person who has prepared or caused to be prepared the misbehavior report on
				  which a hearing is held, act as the hearing officer on that charge.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.2 - Non-english speaking and sensorially disabled inmates

Current through Register Vol. 46, No. 28, July 10, 2024
A non-English speaking inmate who cannot read and
					 understand English must be given a translated notice of the charges and
					 statements of evidence relied upon and reasons for actions taken, and provided
					 with a translator who shall be present at the hearing. A deaf or hard of
					 hearing inmate who uses sign language to communicate shall receive the
					 assistance of a qualified sign language interpreter who shall be present at the
					 hearing. A hard of hearing inmate who uses an amplifier or other device as a
					 reasonable accommodation must have the opportunity to use such device during
					 the hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.3 - Formal charge

Current through Register Vol. 46, No. 28, July 10, 2024
The formal charge shall consist of the misbehavior report
					 which shall be prepared in accordance with the provisions of section
					 251-3.1  of
					 this Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.4 - Assistance

Current through Register Vol. 46, No. 28, July 10, 2024
The inmate shall be provided with an assistant in
					 accordance with the provisions of Subpart 251-4 of this
					 Subchapter.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.5 - Inmate witnesses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  inmate may call witnesses on his behalf provided their testimony is material,
				  is not redundant, and doing so does not jeopardize institutional safety or
				  correctional goals. If permission to call a witness is denied, the hearing
				  officer shall give the inmate a written statement stating the reasons for the
				  denial, including the specific threat to institutional safety or correctional
				  goals presented.
(b) Any witness
				  shall be allowed to testify at the hearing in the presence of the inmate unless
				  the hearing officer determines that so doing will jeopardize institutional
				  safety or correctional goals. Where an inmate is not permitted to have a
				  witness present, such witness may be interviewed out of the presence of the
				  inmate and such interview tape recorded. The recording of the witness'
				  statement is to be made available to the inmate at the hearing unless the
				  hearing officer determines that so doing would jeopardize institutional safety
				  or correctional goals.
(c) An
				  inmate may request a witness by either:
(1)
				  informing his assistant or the hearing officer before the hearing; or
(2) informing the hearing officer during the
				  hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.6 - Method of determination

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of a misbehavior report from the review
					 officer, the hearing officer shall commence the disciplinary hearing as
					 follows:
(a) The misbehavior report
				  shall be served on the inmate at least 24 hours before the disciplinary
				  hearing. If the inmate requests an assistant and is eligible for an assistant
				  in accordance with the provisions of Subpart 251-4 of this Title, the hearing
				  may not be held until 24 hours after the assistant's initial meeting with the
				  inmate.
(b) The inmate shall be
				  present at the hearing unless he refuses to attend, or is excluded for reason
				  of institutional safety or correctional goals. The entire hearing must be
				  electronically recorded.
(c) The
				  inmate, when present, may reply orally to the charge and/or evidence and shall
				  be allowed to submit relevant documentary evidence or written statements on his
				  behalf.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.7 - Dispositions and mandatory surcharge

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dispositions.
(1) Upon affirming a charge, the hearing
				  officer may impose one or more of the following penalties:
(i) counsel and/or reprimand; and
(ii) any non-confinement sanction in
				  accordance with departmental directive 4932.
(a) Restitution may be imposed for loss or
				  intentional damage to property up to be made from an incarcerated individual's
				  existing and future funds;
(b) The
				  imposition of one work task per day other than a regular work assignment for a
				  maximum of seven days, excluding Sundays and public holidays, to be performed
				  on the incarcerated individual's housing unit or other designated area.
				  Incarcerated individuals given such disposition who are participating in a
				  regular work assignment shall not be required to work more than 8 hours per
				  day. The eight-hour limitation excludes such non-work assignments as
				  educational or vocational school programming; and
(c) Forfeiture of money confiscated as
				  contraband.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.8 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The inmate shall be advised of his right to appeal the
					 disposition of the disciplinary hearing to the facility superintendent. Such
					 appeal shall be submitted in writing to the superintendent within 72 hours of
					 the receipt of the disposition. The superintendent or his designee shall issue
					 a decision within 15 days of receipt of the appeal.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 253 - Disciplinary Hearing › Section 253.9 - Discretionary review by superintendent

Current through Register Vol. 46, No. 28, July 10, 2024
At any time during which a penalty imposed pursuant to a
					 disciplinary hearing is in effect, the superintendent may reduce the
					 penalty.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.1 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The person appointed to conduct the superintendent's
					 hearing shall be either the superintendent, a deputy superintendent, captain or
					 commissioner's hearing officer employed by the department's central office, but
					 the superintendent may, in his or her discretion, designate an employee who
					 holds a title that has been approved by Central Office to conduct the
					 proceeding. The following persons shall not be appointed to conduct the
					 proceeding: a person who actually witnessed the incident; a person who was
					 directly involved in the incident; the review officer who reviewed the
					 misbehavior report, or a person who has investigated the incident. Prior to
					 presiding over a superintendent's hearing, the hearing officer shall receive
					 training on relevant topics, including implicit bias and procedural due process
					 rights.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.2 - Non-english speaking and sensorially disabled inmates

Current through Register Vol. 46, No. 28, July 10, 2024
A non-English speaking inmate who cannot read and
					 understand English must be given a translated notice of the charges and
					 statements of evidence relied upon and reasons for actions taken, and provided
					 with a translator who shall be present at the hearing. A deaf or hard of
					 hearing inmate who uses sign language to communicate shall receive the
					 assistance of a qualified sign language interpreter who shall be present at the
					 hearing. A hard of hearing inmate who uses an amplifier or other device as a
					 reasonable accommodation must have the opportunity to use such device during
					 the hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.3 - Formal charge

Current through Register Vol. 46, No. 28, July 10, 2024
The formal charge shall consist of the misbehavior report
					 which shall be prepared in accordance with the provisions of section
					 251-3.1  of
					 Subpart 251-3 of this Subchapter.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.4 - Notice and assistance

Current through Register Vol. 46, No. 28, July 10, 2024
The inmate shall be provided with an assistant in
					 accordance with the provisions of Subpart 251-4 of this
					 Subchapter.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.5 - Inmate witness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  inmate may call witnesses on his behalf provided their testimony is material,
				  is not redundant, and doing so does not jeopardize institutional safety or
				  correctional goals. If permission to call a witness is denied, the hearing
				  officer shall give the inmate a written statement stating the reasons for the
				  denial, including the specific threat to institutional safety or correctional
				  goals presented.
(b) Any witness
				  shall be allowed to testify at the hearing in the presence of the inmate unless
				  the hearing officer determines that so doing will jeopardize institutional
				  safety or correctional goals. Where an inmate is not permitted to have a
				  witness present, such witness may be interviewed out of the presence of the
				  inmate and such interview tape recorded. The recording of the witness'
				  statement is to be made available to the inmate at the hearing unless the
				  hearing officer determines that so doing would jeopardize institutional safety
				  or correctional goals.
(c) An
				  inmate may request a witness by either:
(1)
				  informing his assistant of the hearing officer before the hearing; or
(2) informing the hearing officer during the
				  hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.6 - Method of determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generally.
				  Upon receipt of a misbehavior report from the review officer, the hearing
				  officer shall commence the superintendent's hearing as follows:
(1) The misbehavior report shall be served on
				  the inmate at least 24 hours before the superintendent's hearing. If the inmate
				  is confined and requests an assistant, the hearing may not start until 24 hours
				  after the assistant's initial meeting with the inmate.
(2) The inmate shall be present at the
				  hearing unless he or she refuses to attend, or is excluded for reasons of
				  institutional safety or correctional goals. The entire hearing must be
				  electronically recorded.
(3) The
				  inmate when present may reply orally to the charge and/or evidence and shall be
				  allowed to submit relevant documentary evidence or written statements on his or
				  her behalf.
(4) When applicable,
				  the information identified in subparagraphs (b)(1)(i), (ii), (iv), (v), and
				  (2)(i), (ii), (iii), and subdivision (h) of this section, derived from the
				  department's electronic databases, shall automatically appear on a computer
				  generated hearing record sheet that shall be provided to the hearing officer
				  for use at the hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.8 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Any inmate shall have the right to appeal the disposition
					 of any superintendent's hearing, to which he was a party, to the commissioner
					 within 30 days of receipt of the disposition. The commissioner or his designee
					 shall issue a decision within 60 days of receipt of the appeal. The
					 commissioner or his designee may:
(a)
				  affirm the hearing disposition;
(b)
				  modify the hearing disposition by dismissing certain charge(s) and/or reducing
				  the penalty imposed;
(c) reverse
				  the hearing disposition; or
(d)
				  reverse the hearing disposition and order a new hearing. Whenever a new hearing
				  is ordered pursuant to this subdivision, the penalty imposed at the new hearing
				  may not exceed the penalty imposed at the original hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 254 - Superintendent's Hearing › Section 254.9 - Discretionary review by superintendent

Current through Register Vol. 46, No. 28, July 10, 2024
At any time during which a penalty imposed pursuant to a
					 superintendent's hearing is in effect, the superintendent may reduce the
					 penalty.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter A - Procedures for Implementing the Standards of Incarcerated Individual Behavior › Part 256 - Alternative Disciplinary Resolution › Section 256.1 - Alternative Disciplinary Resolution

Current through Register Vol. 46, No. 28, July 10, 2024
The department may institute an Alternative Disciplinary
					 Resolution (ADR) pilot program for incarcerated individuals who are awaiting a
					 Tier II disciplinary hearing (Part 253) or a Tier III superintendent's hearing
					 (Part 254) for non-serious offenses. Pursuant to the ADR program, an
					 incarcerated individual shall have an opportunity to waive his or her right to
					 a hearing and the appeal process in exchange for pleading guilty to one or more
					 charges and/or penalties using the department's disciplinary sanction
					 guidelines as referenced in section
					 270.2.
					 The potential offer shall be discussed with the incarcerated individual by a
					 designated member of the facility executive team. If an agreement is reached,
					 it shall become final and binding and documented in a written instrument. An
					 incarcerated individual's participation in the program shall be voluntary and
					 he or she can reject an offer and proceed to a hearing. The ADR offer, and the
					 incarcerated individual's statements or admissions made in connection with the
					 ADR process shall not be admissible at the hearing and no staff member involved
					 in the ADR process shall be a participant in the hearing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 260 - General Provisions › Section 260.1 - Application of good behavior allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The opportunity to earn good behavior
				  allowances offers inmates a tangible reward for positive efforts made during
				  incarceration.
(b) For those
				  inmates serving indeterminate sentences imposed for crimes committed prior to
				  September 1, 1967, good behavior allowances shorten the amount of time to be
				  served prior to parole consideration.
(c) For all inmates serving determinate or
				  indeterminate sentences (other than life sentences) who are not granted parole
				  or a reparole, but who nevertheless have performed well within the correctional
				  facilities, good behavior allowances can be used to obtain release under
				  supervision and to demonstrate prior to expiration of the term of the sentence
				  that they can follow acceptable behavior patterns in the community as well as
				  in a correctional facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 260 - General Provisions › Section 260.2 - Nature of allowances

Current through Register Vol. 46, No. 28, July 10, 2024
Good behavior allowances are in the nature of a privilege
					 to be earned by the inmate and no inmate has the right to demand or to require
					 that any good behavior allowance be granted to him.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 260 - General Provisions › Section 260.3 - Criteria for allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  recommendations and decisions must be made through completely impersonal,
				  impartial and fair and reasonable evaluations.
(b) In evaluating the amount of allowance to
				  be granted, the statutory criteria (i.e., good behavior, efficient and willing
				  performance of duties assigned, progress and achievement in an assigned
				  treatment program) shall be viewed in the light of the following factors:
(1) the attitude of the inmate;
(2) the capacity of the inmate; and
(3) the efforts made by the inmate within the
				  limits of his capacity.