reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7041 - STAFFING REQUIREMENTS › Section 7041.2 - Facility functions and formulation of daily staffing needs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State
					 Commission of Correction shall, in determining the minimum facility staffing
					 requirement for each local correctional facility, ascertain the functions to be
					 performed by facility staff including, but not limited to:
(1) general facility administration and
					 management;
(2) control room
					 operation;
(3) general housing area
					 supervision;
(4) special housing,
					 admissions/orientation housing, and medical/mental health observation
					 supervision;
(5) medical
					 services;
(6) visitation;
(7) correspondence;
(8) exercise;
(9) facility maintenance;
(10) library;
(11) commissary;
(12) religious services;
(13) prisoner transportation; and
(14) any other facility program or
					 service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7041 - STAFFING REQUIREMENTS › Section 7041.3 - Formulation of the full coverage factor

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this Part, the term full
					 coverage factor shall mean a figure arrived at in accordance with the
					 provisions of this Part, designed to ensure that a sufficient number of persons
					 are employed to perform facility functions 365 days per year.
(b) As used in this section, the term
					 estimated on-duty days shall mean the number of days per year a facility
					 employee is available for duty.
(c)
					 The State Commission of Correction shall, in determining the estimated on-duty
					 days, subtract from 365 days the total estimated number of off-duty days. The
					 total estimated number of off-duty days shall be determined by totaling the
					 following for a 365-day period:
(1) normal
					 days off;
(2) holidays;
(3) personal leave;
(4) vacation leave;
(5) average sick leave; and
(6) other short-term leave.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7041 - STAFFING REQUIREMENTS › Section 7041.4 - Formulation of the minimum facility staffing requirement

Current through Register Vol. 46, No. 28, July 10, 2024
To determine the minimum facility staffing requirement,
						the number of persons necessary to perform facility functions during each shift
						regularly scheduled within a 24-hour period as determined pursuant to section
						7041.2 
						of this Part, shall be multiplied by the full coverage
						factor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7050 - Variances › Section 7050.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief
					 administrative officer of a local correctional facility may apply to the State
					 Commission of Correction for a variance when:
(1) full compliance with a specific rule or
					 regulation of this Subtitle or any provision thereof cannot be achieved or
					 maintained by or subsequent to the effective date of such rule or regulation;
					 or
(2) compliance is to be achieved
					 in a manner other than that which is specified in such rules and
					 regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7050 - Variances › Section 7050.2 - Application for a variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 application for a variance shall be made in writing by the chief administrative
					 officer and shall state:
(1) the specific
					 rule, regulation or provision thereof at issue;
(2) when the application is made pursuant to
					 section
					 7050.1(a)(1) 
					 of this Part for a variance from full compliance with a specific rule or
					 regulation, the specific plans, provisions and timetables for achieving full
					 compliance with the rule or regulation at issue and any other appropriate
					 supportive material; or
(3) when
					 the application is made pursuant to section
					 7050.1(a)(2) 
					 of this Part for a variance, in that compliance is to be achieved in a manner
					 other than that which is specified in the provisions of this Subtitle, specific
					 plans fully explaining and supporting such alternative manner of compliance;
					 and
(4) where applicable, the time
					 period for which the variance is requested.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7050 - Variances › Section 7050.3 - Review of application for a variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State Commission of Correction shall
					 issue a written determination upon any application made pursuant to this Part.
					 Such written determination shall include the specific facts and reasons
					 underlying the determination. If the variance is granted, the New York State
					 Commission of Correction shall stipulate:
(1)
					 where applicable, the time period for which the variance is granted;
					 and
(2) any requirements imposed by
					 the State Commission of Correction as conditions upon the variance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to Correction Law, section
						509, in order to provide inmates
						incarcerated in local correctional facilities the opportunity to visit family
						members when death is imminent and/or after death has occurred, at the
						discretion of the chief administrative officer, inmates shall be permitted to
						visit the deathbed of and/or attend the funeral of designated family members
						pursuant to the requirements of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term funeral visit shall mean
						attendance at one or more of the following at the discretion of the chief
						administrative officer:
(a) the
					 wake;
(b) the church or other
					 appropriate memorial service held at the gravesite or any other location;
					 and/or
(c) the interment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.3 - Facility policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Each local correctional facility shall develop written
						policies and procedures concerning funeral and deathbed visits consistent with
						Correction Law, section
						509, and the requirements of this
						Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.4 - Legal requirements and eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the discretion of the chief
					 administrative officer, an inmate shall be permitted to attend the funeral of
					 his/her father, mother, guardian or former guardian, child, brother, sister,
					 husband, wife, grandparent, grandchild, ancestral uncle or ancestral aunt, or
					 to visit such individual during his/her illness if death be imminent.
(b) Such visits shall be permitted only
					 within New York State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.5 - Assessment and processing of visit requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief administrative officer of each
					 local correctional facility shall develop and implement a procedure for the
					 expeditious review, assessment and approval of requests made by an inmate or
					 other person asking that an inmate be permitted to visit the deathbed of and/or
					 attend the funeral of a designated family member.
(b) Prior to approving any such request, the
					 chief administrative officer shall verify:
(1) that the person to be visited is one of
					 the persons specified in section
					 7051.4(b) 
					 of this Part;
(2) that the funeral
					 arrangements or claim of imminent death are legitimate; and
(3) that the inmate wishes to have such a
					 visit, if the request was initiated by another person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.6 - Security and supervision requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of
					 section
					 7003.7(a) 
					 of this Title, an inmate shall be under constant supervision at all times
					 during his/her absence from the facility due to a funeral or deathbed visit,
					 unless such inmate is participating in a release program pursuant to Correction
					 Law, articles 22-A and 27.
(b)
					 Based on the factors to be considered pursuant to section
					 7051.5(c) 
					 of this Part, prior to any such visit the chief administrative officer shall
					 determine and specify in writing the specific security measures and/or other
					 special instructions to be followed during the visit.
(c) Such written determination shall include,
					 but need not be limited to, the following information:
(1) the appropriate number of facility staff
					 who will be assigned to accompany the inmate on the visit;
(2) the vehicle to be used and method of
					 transportation;
(3) if restraint
					 equipment is to be used, the type of equipment to be employed and procedures,
					 if any, for removing restraints while the visit is taking place;
(4) special procedures which are necessary
					 due to the medical condition or mental health of the inmate and the specific
					 steps to be followed;
(5) the route
					 to be followed and itinerary for the trip; and
(6) any other special instructions concerning
					 the visit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.7 - Food, lavatory and lodging stops

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmates participating in funeral or
					 deathbed visits shall be given the opportunity to eat during regularly
					 scheduled meal times.
(b) Lavatory
					 stops shall be made only as the need arises and as security permits. Whenever
					 possible, such stops shall be made at law enforcement facilities.
(c) If it is not possible to utilize a law
					 enforcement facility for lavatory stops, every attempt shall be made to utilize
					 facilities with as little public presence and/or access as possible.
(d) If a funeral or deathbed visit requires
					 an inmate's absence from a facility overnight, the inmate shall be housed in a
					 local correctional facility or other suitable place designated pursuant to
					 Correction Law, section
					 504.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.8 - Facility staff conduct and inmate attire

Current through Register Vol. 46, No. 28, July 10, 2024
(a) While accompanying an inmate on a funeral
					 or deathbed visit, facility staff shall conduct themselves in a professional
					 and courteous manner toward the public and the inmate in their custody, causing
					 as little public display as possible.
(b) When security considerations permit,
					 searches of the inmate and/or the use of restraint by facility staff during
					 funeral or deathbed visits shall be carried out in a manner which minimizes any
					 public attention.
(c) At no time
					 shall facility staff accept food, beverages or any gifts, including money, from
					 the inmate's family or any member of the public pursuant to Part 7019 of this
					 Title.
(d) Inmates shall be
					 permitted to wear their own personal clothing during funeral or deathbed
					 visits. If the inmate has no suitable clothing at the facility, the inmate
					 shall be permitted to make arrangements to receive such clothing prior to the
					 visit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.9 - Duration of visits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided in subdivisions (b) and (c) of this section,
					 inmates attending a deathbed or funeral visit shall be permitted to visit
					 family members for a minimum of 30 minutes per visit, excluding time taken to
					 transport the inmate to and from the visit. However, at the discretion of the
					 chief administrative officer or facility staff supervising an inmate on such a
					 visit, a longer visit may be permitted.
(b) If a determination is made by the
					 attending physician or other health services staff that a deathbed visit would
					 jeopardize the health of the ill family member or the inmate and/or if hospital
					 regulations restrict the length of the visit, such visit may be denied or
					 modified as so recommended or required.
(c) The chief administrative officer or
					 designated facility staff shall have the authority to limit such visit to less
					 than 30 minutes or terminate such visit before the prescribed period if, in
					 their opinion, a 30-minute visit will threaten the safety or welfare of the
					 inmate, facility staff or any member of the public.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.10 - Reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
If a reportable incident occurs while an inmate is absent
						from the facility to attend a funeral or deathbed visit, facility staff shall
						report such incident to the Commission of Correction pursuant to the
						requirements of Part 7022 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.11 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
A written record of all requested funeral and deathbed
						visits shall be maintained by each local correctional
						facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7051 - Funeral And Deathbed Visits › Section 7051.12 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
The use of chemical agents in a correctional facility
						shall be controlled and reasonably applied only when necessary to protect the
						safety, security and good order of the facility. Chemical agents used
						appropriately by trained facility staff under certain conditions have proven to
						be an effective method in preventing the loss of authority without resorting to
						physical contact or deadly physical force.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.2 - Authorized chemical agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The only chemical agents which shall be stored or used in a correctional
					 facility shall be oleoresin capsicum (OC), chloroacetophenone (CN) and
					 orthochlorobenzalmalonitrile (CS).
(b) Chemical agents shall be administered
					 only by the use of grenades, projectiles, aerosols and fogging devices approved
					 by the chief administrative officer.
(c) Devices such as tear gas billies, pens or
					 other small caliber devices of similar design shall be strictly
					 prohibited.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.3 - Authorization for the use of chemical agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No chemical agents shall be used by
					 facility staff without proper authorization pursuant to the requirements of
					 this section.
(b) Authorization for
					 the use of chemical agents shall emanate from the highest authority available
					 within the facility. Except as otherwise provided in subdivision (c) of this
					 section, only facility staff in a supervisory position who have been designated
					 in writing by the chief administrative officer and have been trained in the use
					 of chemical agents shall have the authority to order the use of such
					 agents.
(c) In emergency cases,
					 when a delay in the use of chemical agents presents an immediate threat of
					 death or serious injury or severely threatens the safety or security of the
					 correctional facility, facility staff trained in the use of chemical agents
					 shall have the authority to use chemical agents without
					 authorization.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.4 - Use of chemical agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Chemical agents shall not be used as a means of punishment.
(b) The use of any chemical agent shall be
					 supervised by a supervisory staff member who has been trained in the use of
					 chemical agents, except in emergency cases when a delay in the use of such
					 agents presents an immediate threat of death or serious injury or severely
					 threatens the safety or security of the facility.
(c) Prior to the use of chemical agents, the
					 person authorizing such use shall notify facility health services staff, except
					 in emergency cases when a delay in the use of such agents presents and
					 immediate threat of death or serious injury or severely threatens the safety or
					 security of the facility.
(d) Prior
					 to the use of chemical agents, facility health services staff who are trained
					 in the medical consequences of the use of such agents shall make reasonable
					 efforts to inform the authorizing officer whether such administration may
					 aggravate any existing injuries, illnesses or other physical conditions of any
					 person who may be exposed.
(e)
					 Prior to the use of chemical agents, facility staff shall consider:
(1) the safety hazards such agents can
					 produce when used under certain conditions for certain periods of time in
					 enclosed areas;
(2) the safety
					 hazards presented by the use of burning-type grenades and projectiles in the
					 vicinity of combustible materials; and
(3) the distinctive characteristics of each
					 type of agent and how these characteristics will affect the situation for which
					 they are being considered for use.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.5 - Training in the use of chemical agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All facility staff who have the authority
					 to order the use of chemical agents pursuant to section
					 7063.3 
					 of this Part, supervise such use pursuant to section
					 7063.4  of
					 this Part or use such agents shall have successfully completed a chemical
					 agents training program approved by the commission.
(b) Such training program shall incorporate
					 accepted practices in the use of chemical agents and shall be submitted to the
					 commission for approval before delivery to facility staff.
(c) All facility staff who have the authority
					 to order the use of chemical agents pursuant to section
					 7063.3 
					 of this Part, supervise such use pursuant to section
					 7063.4  of
					 this Part or use such agents shall also receive additional commission-approved
					 training on an annual basis to ensure continued proficiency in chemical agent
					 issues.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.6 - Storage and maintenance of chemical agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All chemical agent equipment, munitions
					 or devices stored within a facility shall be maintained in a safe and secure
					 manner. Such storage shall ensure that only persons trained in the use of such
					 articles have access to them.
(b)
					 Equipment, munitions and devices which exclusively contain or administer
					 oleoresin capsicum (OC) shall be inspected at intervals not to exceed six
					 months. Inspections of all other such equipment, munitions or devices shall be
					 conducted at intervals not to exceed three months.
(c) A written record of all such inspections
					 shall be maintained which shall include, but need not be limited to:
(1) the name of the person(s) inspecting the
					 articles;
(2) the date of
					 inspection;
(3) the type and
					 quantity of articles stored and inspected; and
(4) a description of their
					 condition.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7063 - Chemical Agents › Section 7063.7 - Recording the use of chemical agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written record of all incidents of
					 chemical agent use, except when such agents are used for training purposes,
					 shall be maintained.
(b) Such
					 record shall include, but need not be limited to:
(1) the date and time of use;
(2) the location of the incident within the
					 facility;
(3) the facts and
					 circumstances surrounding the use of the agent;
(4) the name of the person authorizing the
					 use of the agent;
(5) the name(s)
					 of any person(s) on whom the agent was used;
(6) the name(s) of any facility staff
					 involved in the use of the agent;
(7) the brand name of the agent
					 used;
(8) the approximate amount of
					 agent used;
(9) the approximate
					 length of time each person was exposed to the agent from the use of the agent
					 to initiation of decontamination procedures;
(10) the name and professional title of
					 facility health services staff providing medical advice and assistance pursuant
					 to the requirements of section
					 7063.4(d) 
					 of this Part and any treatment provided; and
(11) any adverse physical reactions of any
					 person(s) to the use of the agent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Recognizing that maximum confidentiality protection for
						information related to human immunodeficiency virus (HIV) infection and
						acquired immune deficiency syndrome (AIDS) is an essential public health
						measure and that HIV infection and AIDS issues are of particular concern to
						correctional professionals, and in order to retain the full trust and
						confidence of persons at risk, each correctional facility shall ensure that
						HIV-related information is not improperly disclosed, shall establish clear and
						certain rules for the disclosure of such information, and provide safeguards to
						prevent discrimination, abuse, or other adverse actions directed toward
						protected individuals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.3 - Facility policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The medical director of each local
					 correctional facility in conjunction with the chief administrative officer
					 shall develop and implement written policies and procedures consistent with the
					 requirements of this Part and article 27- of the Public Health Law.
(b) Such policies and procedures shall
					 include, but are not limited to, the following:
(1) safeguards to prevent discrimination,
					 abuse, or other adverse actions against protected individuals;
(2) provisions establishing a schedule for
					 training all facility staff regarding the requirements of Public Health Law,
					 article 27-F and this Part;
(3)
					 provisions for safeguarding the confidentiality of all medical records and
					 information concerning HIV testing or HIV-related information as required by
					 Public Health Law, article 27-F and this Part;
(4) provisions specifically setting forth
					 those persons having access to HIV testing and HIV-related information when
					 such access is necessary for appropriate medical or psychiatric diagnosis or
					 treatment;
(5) provisions for
					 handling requests by other parties for confidential HIV-related information;
					 and
(6) provisions to protect
					 individuals in contact with protected individuals when such contact creates a
					 significant risk of contracting or transmitting HIV infection through the
					 exchange of body fluids, as provided for in section
					 7064.4 
					 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.4 - Significant risk of contracting or transmitting HIV infection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The three
					 factors necessary to create a significant risk of contracting or transmitting
					 HIV infection are:
(1) the presence of a
					 significant risk body substance;
(2) a circumstance which constitutes
					 significant risk for transmitting or contracting HIV infection; and
(3) the presence of an infectious source and
					 a noninfected person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.5 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations apply to all administrators, personnel,
						employees, consultants, independent contractors, and service providers whether
						paid or volunteer, of local correctional facilities; to persons who order an
						HIV-related test; to persons who receive confidential HIV-related information
						in the course of providing any health or social service or who receive
						confidential HIV-related information pursuant to a release; and to providers
						and facilities providing health care. These regulations do not apply to
						information which is received by the Commissioner of Health under Title 10
						NYCRR Subpart 24-1 and protected from disclosure pursuant to Public Health Law,
						section
						206(1)(j).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.6 - HIV-related testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as noted in paragraph (3) of this subdivision, no physician or other
					 person authorized pursuant to law may order an HIV-related test without
					 obtaining written informed consent.
(1)
					 Informed consent shall consist of providing to the person to be tested or, if
					 such person lacks capacity to consent, to the person lawfully authorized to
					 consent to health care for such person. In situations in which a person other
					 than the test subject consents to the test, pretest counseling shall also be
					 provided to the subject to the extent that the person ordering the test deems
					 that the test subject will benefit from counseling. Pretest counseling shall
					 include:
(i) explanations regarding the
					 nature of HIV infection and HIV-related illness, an explanation of the
					 HIV-related test including a description of the procedure to be followed,
					 meaning of the test results, and the benefits of taking the test, including
					 early diagnosis and medical intervention;
(ii) information regarding discrimination
					 problems which might occur as a result of unauthorized disclosure of
					 HIV-related information and legal protections prohibiting such
					 disclosures;
(iii) information on
					 preventing exposure or transmission of HIV infection, including behavior which
					 poses a risk of HIV transmission; and
(iv) an explanation that the test is
					 voluntary, that consent may be withdrawn at any time, and that anonymous
					 testing is available, including the location and telephone numbers of anonymous
					 test sites, and that anonymous testing is not available to persons proposed for
					 insurance coverage.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.9 - Documentation of HIV-related information and disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Confidential HIV-related information
					 shall be recorded in the medical record such that it is readily accessible to
					 provide proper care and treatment.
(b) All disclosures of confidential
					 HIV-related information must be noted in the record, except:
(1) only initial disclosures to insurance
					 institutions must be noted;
(2)
					 notation is not required for disclosure to agents or employees of health
					 facilities or health care providers authorized under section
					 7064.8(a)(3) 
					 of this Part; and
(3) notation is
					 not required for persons engaged in quality assurance, program monitoring or
					 evaluation, nor for governmental payment agents acting pursuant to contract or
					 law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.10 - Contact notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 physician may disclose HIV-related information, without the protected person's
					 consent, to a contract or to a public health officer when:
(1) the physician reasonably believes
					 disclosure is medically appropriate and a significant risk of infection exists;
					 and
(2) the protected person has
					 been counseled to notify his/her contacts, has been provided a reasonable
					 opportunity to do so, and the physician reasonably believes the protected
					 person will not inform the contacts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.11 - Penalties and immunities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person who shall:
(1) perform, permit, or
					 procure the performance of an HIV-related test in violation of section 2781  of the Public Health Law; or
(2) disclose, compel another person to
					 disclose, or procure the disclosure of confidential HIV-related information in
					 violation of section 2782  of the Public Health Law shall be
					 subject to a civil penalty not to exceed $5,000 for each occurrence. Such
					 penalty may be recovered in the same manner as the penalty provided in section 12  of the Public Health Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.12 - Approved forms; informed consent, release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local correctional facility shall
					 maintain an adequate supply of forms approved by the New York State Department
					 of Health for the purpose of informed consent relative to any HIV-related test
					 and authorization for release of confidential HIV-related
					 information.
(b) Such forms shall
					 be used pursuant to the requirements of article 27-F of the Public Health Law
					 and this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In cooperation with the appropriate school district, each
						local correctional facility shall provide all eligible youth the opportunity to
						participate in educational services pursuant to section 3202 (7)  of the Education
						Law. Eligible youth are entitled to receive such educational services and shall
						be encouraged to become involved in an educational program provided by the
						school district so that they may obtain those skills and credentials necessary
						to function more productively both during incarceration and after
						release.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.2 - 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)
Eligible youth
shall mean an inmate who:
(1) is under 21 years of age;
(2) has not received a high school diploma;
					 and
(3) has been incarcerated in a
					 local correctional facility for 10 or more calendar days or who, in the
					 judgment of the chief administrative officer, can reasonably be expected to be
					 incarcerated for a period of 10 or more calendar days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.4 - Procedures for providing educational services to eligible youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During the
					 admissions process the chief administrative officer of each local correctional
					 facility shall determine which inmates within the facility are eligible youth
					 as defined in section
					 7070.2(a) 
					 of this Part.
(b) Except as
					 otherwise provided in subdivision (c) of this section, during the admissions
					 process facility staff shall provide each eligible youth with the following
					 information concerning the educational services program:
(1) advise the youth that he/she may attend
					 this program during incarceration in a local correctional facility as long as
					 he/she has not received a high-school diploma, is under the age of 21 and is
					 likely to be incarcerated for 10 days or more;
(2) advise the youth that the educational
					 program shall:
(i) consist of small group or
					 individual instruction and will be designed to fit his/her educational
					 needs;
(ii) be designed to increase
					 his/her level of achievement in reading, mathematics and written and oral
					 communication and to prepare a student to pass the high-school equivalency
					 diploma examination;
(iii) if
					 necessary, be designed to provide special assistance in speaking or writing
					 English;
(iv) enable him/her to
					 continue with studies if he/she plans to return to school or a BOCES program
					 after release; or
(v) provide
					 employment preparation education, which may include identifying his/her skills
					 and assisting him/her on how to search for employment and how to develop
					 positive work habits;
(3) advise the youth that if he/she chooses
					 to participate in the program, he/she will be in class for at least three hours
					 each day when school is in session in the school district in which the facility
					 is located, and the importance of regular class attendance; and
(4) advise the youth how he/she can request
					 to participate in the program at any later time during incarceration pursuant
					 to the facility's procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.5 - Instructor orientation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Before education personnel provide instruction to eligible youth pursuant to
					 the requirements of this Part, facility staff shall provide education personnel
					 with a brief orientation program on facility policies and procedures.
(b) Such orientation program shall:
(1) provide education personnel with
					 information and instructions concerning security procedures to be followed
					 while they are in the facility;
(2)
					 provide education and facility staff an opportunity to discuss and resolve
					 issues related to program implementation; and
(3) be designed to facilitate delivery of the
					 education program within the correctional setting.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.6 - Scheduling of instructional time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to 8 NYCRR 118.4(b), the program
					 schedule within each local correctional facility shall provide a minimum of
					 three hours of instructional time per student each school day.
(b) The scheduling of instructional time for
					 educational services within each local correctional facility shall be
					 determined in conjunction with education personnel from the school district in
					 which the facility is located.
(c)
					 Each local correctional facility's daily schedule of activities, programs and
					 services shall be organized so that no eligible youth who participates in
					 educational services at the facility is denied the opportunity to also
					 participate in the following programs or services because of attendance at
					 educational instruction:
(1) exercise,
					 pursuant to Part 7028 of this Title;
(2) legal services, pursuant to Part 7039 of
					 this Title;
(3) religious services,
					 pursuant to Part 7024 of this Title;
(4) visitation, pursuant to Part 7008 of this
					 Title; and
(5) health services,
					 pursuant to Part 7010 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.7 - Restriction or denial of educational services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Eligible youth confined in special housing, admissions/orientation housing, and
					 medical/mental health observation units shall not be denied access to
					 educational services solely on the basis of their classification
					 status.
(b) An eligible youth's
					 participation in educational services shall not be restricted or denied as a
					 result of such youth's involvement in a disciplinary matter unrelated to the
					 youth's participation in the facility's educational program, except when such
					 involvement demonstrates that the youth's presence in such program presents a
					 clear threat pursuant to paragraph (c)(1) of this section.
(c) An eligible youth's participation in
					 educational services may only be denied or restricted by the chief
					 administrative officer under the following conditions:
(1) the chief administrative officer has
					 determined that the presence of such youth in the educational program presents
					 a clear threat to himself/herself, the safety of other inmates and/or the
					 safety of educational or facility staff; or
(2) an emergency situation exists within the
					 facility which temporarily prevents or significantly interferes with the
					 delivery of such services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7070 - EDUCATIONAL SERVICES FOR YOUTH › Section 7070.8 - Program continuity following transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an eligible youth who has either
					 requested to participate or is already participating in educational services is
					 transferred to another local or State correctional facility, the chief
					 administrative officer of the sending facility shall:
(1) notify the youth's instructor(s) by the
					 end of the next school day following the youth's transfer; and
(2) if the form prescribed by the State
					 Education Department has already been completed for the youth, provide the
					 receiving facility with a copy of such form.