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 7026 - PRINTED MATERIAL AND PUBLICATIONS › Section 7026.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, prisoners
						are entitled to receive any printed material or publication that is generally
						available to the public. Prisoners shall be permitted to receive such
						material:
(a) from any source,
					 including but not limited to family, friends or publishers;
(b) as a gift, or pursuant to order or
					 subscription.
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 7026 - PRINTED MATERIAL AND PUBLICATIONS › Section 7026.2 - Facility review of incoming printed material and publications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incoming printed material and
					 publications may be read and reviewed.
(b) Incoming printed material and
					 publications may be censored only when it is determined that an item of printed
					 material or a publication constitutes a threat to the safety, security or good
					 order of a local correctional facility.
(c) As used in this Part, the term censor
					 shall mean the exclusion of any printed material or publication, or any portion
					 thereof.
(d) Consistent with the
					 requirements of this Part, printed material and publications may not be
					 censored solely because they:
(1) criticize a
					 correctional facility, its staff, or the correctional system;
(2) espouse unpopular ideas, including ideas
					 that facility staff deem not conducive to rehabilitation or correctional
					 treatment; or
(3) contain ideas
					 supporting ethnic or racial militancy.
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 7026 - PRINTED MATERIAL AND PUBLICATIONS › Section 7026.3 - Limitation and deprivation of incoming printed material and publications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief administrative officer shall adopt rules and regulations which may limit
					 the amount of printed material and other paper materials retained within a
					 prisoner's living area, in furtherance of the safety, security and good order
					 of the facility, especially safety from the risk of fire.
(b) Besides the limitations allowed by
					 subdivision (a) of this section, any decision to deny, restrict or limit an
					 inmate of any right, service, item or article, guaranteed an inmate by the
					 provisions of this Part, shall be done in accordance with section 7075.5  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 7028 - EXERCISE › Section 7028.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Exercise is essential to good health and contributes to
						reducing tensions within a facility. Pursuant to the requirements of this Part,
						the chief administrative officer of each correctional facility shall maximize
						the provision of exercise activities for inmates.
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 7028 - EXERCISE › Section 7028.2 - Exercise periods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 exercise periods shall be held in the outdoor exercise area, except during
					 inclement weather when exercise must be held in the indoor exercise area and
					 may, at the discretion of the chief administrative officer, also be held in the
					 outdoor exercise area. The determination to cancel outdoor exercise due to
					 inclement weather shall be based upon factors related to the safety, security,
					 or good order of the facility including, but not limited to, weather conditions
					 that impair visibility, precipitation, and accumulation of snow or ice. Such
					 determination shall be made by the chief administrative officer in writing and
					 shall state the specific facts and reasons underlying the
					 determination.
(b) All inmates who
					 have completed the classification process pursuant to sections
					 7013.7
					 and
					 7013.8 
					 of this Title, except as otherwise provided in subdivision (c) of this section
					 or section
					 7028.6  of
					 this Part, shall be entitled to exercise periods which, at the discretion of
					 the chief administrative officer, shall consist of:
(1) at least 11/2 hours during each of five
					 days per week; or
(2) at least one
					 hour seven days a week.
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 7028 - EXERCISE › Section 7028.3 - Exercise within inmate housing units, cell corridors and day rooms

Current through Register Vol. 46, No. 28, July 10, 2024
Any exercise periods taking place within housing units
						and available cell corridors and day rooms shall not fulfill the requirements
						of providing exercise periods pursuant to this Part. However, exercise periods
						taking place in direct supervision housing units shall fulfill 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 7028 - EXERCISE › Section 7028.4 - Exercise areas and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 facility shall establish and maintain one or more outdoor exercise areas of
					 sufficient size and design to enable inmates to engage in exercise.
(b) Each facility shall provide a minimum
					 total of 1,500 square feet of area for outdoor exercise.
(c) Each facility shall provide inmates upon
					 request with appropriate outer garments when they participate in outdoor
					 exercise from November through March and, if applicable, during inclement
					 weather.
(d) Each facility shall
					 establish and maintain one or more areas of sufficient size and design to
					 enable inmates to engage in indoor exercise.
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 7028 - EXERCISE › Section 7028.5 - Exercise area searches

Current through Register Vol. 46, No. 28, July 10, 2024
Searches of exercise areas shall be conducted prior and
						subsequent to each exercise period.
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 7028 - EXERCISE › Section 7028.6 - Limitation of exercise

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 exercise period of a prisoner may be denied, revoked, or limited when it is
					 determined that such exercise period would cause a threat to the safety,
					 security, or good order of the facility, or the safety, security, or health of
					 the prisoner or other prisoners.
(b) Any determination to deny, revoke, or
					 limit a prisoner's exercise period pursuant to this section shall be made by
					 the chief administrative officer in writing, and shall state the specific facts
					 and reasons underlying such determination. A copy of this determination shall
					 be given to the prisoner.
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 7028 - EXERCISE › Section 7028.7 - 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 7030 - Nondiscriminatory Treatment › Section 7030.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Each local correctional facility shall employ policies
						and procedures designed to ensure that prisoners are not subject to unlawful
						discriminatory treatment in any facility decisionmaking process, including but
						not limited to work assignment, classification, disciplinary or grievance
						decisions or when being considered for any available facility program,
						including but not limited to educational, religious, vocational or temporary
						release programs, based upon the race, religion, nationality, sex, sexual
						orientation including homosexuality, age or political beliefs of such
						prisoners.
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 7030 - Nondiscriminatory Treatment › Section 7030.2 - Non-English speaking prisoners

Current through Register Vol. 46, No. 28, July 10, 2024
Each local correctional facility shall employ procedures
						designed to reasonably ensure that non-English speaking prisoners understand
						all written and oral communications from facility staff members, including but
						not limited to orientation procedures, health services procedures, facility
						rules and disciplinary procedures, and the provisions of this
						Subtitle.
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 7031 - Legal Services › Section 7031.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each prisoner
					 confined in a local correctional facility is entitled to legal services for
					 purposes of:
(1) legal preparation with
					 respect to any civil or criminal action or proceeding; and
(2) except as otherwise provided in
					 subdivision (d) of this section, legal preparation with respect to any other
					 matter, including but not limited to:
(i)
					 disciplinary charges; and
(ii)
					 complaints or grievances.
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 7031 - Legal Services › Section 7031.2 - Access to legal counsel

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Consistent with the requirements of this Part, all prisoners shall have access
					 to legal counsel. Such access shall include telephone communications and visits
					 between prisoners and their legal counsel at times not unduly disruptive of
					 facility routine.
(b) Visits or
					 telephone communications between prisoners and their legal counsel shall not be
					 monitored except visually.
(c)
					 Visits or telephone communications between prisoners and their legal counsel
					 shall not be considered compliance with or satisfaction of any:
(1) visitation a prisoner is entitled to
					 pursuant to Part 7008 of this Subtitle or other applicable provisions of law;
					 or
(2) telephone calls a prisoner
					 may be entitled to pursuant to the provisions of any other part of this
					 Subtitle or other applicable provisions of 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 7031 - Legal Services › Section 7031.3 - Mutual prisoner legal assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Prisoners shall be permitted to meet for the purpose of discussing and
					 preparing legal matters at times not unduly disruptive of facility routine. The
					 chief administrative officer may establish reasonable guidelines for such
					 mutual prisoner legal assistance.
(b) No prisoner shall receive payment,
					 benefit or consideration in any form from a prisoner for providing such
					 prisoner legal assistance. Any prisoner found to be in violation of the
					 provisions of this subdivision may be subject to disciplinary action.
(c) Consenting prisoners shall be allowed to
					 exchange personal legal materials. Prior to such exchange, the chief
					 administrative officer may require prisoners to consent in writing to the
					 exchange of such legal materials.
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 7031 - Legal Services › Section 7031.4 - Access to legal reference material

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Consistent with the requirements of this Part, each local correctional facility
					 shall provide prisoners access to current legal reference materials.
(b) Each local correctional facility shall
					 provide prisoners access to:
(1) New York
					 State Correction Law Annotated;
(2)
					 New York State Penal Law Annotated;
(3) New York State Criminal Procedure Law
					 Annotated;
(4) Title 9 of the
					 Official Compilation of Codes Rules and Regulations of the State of New York
					 Subtitle AA;
(5) a legal
					 dictionary;
(6) form books for use
					 in conjunction with:
(i) New York State
					 Criminal Procedure Law;
(ii) New
					 York State Civil Practice Law and Rules; and
(iii) title 42, sections 1981-1988, and title
					 18, sections 4001-4321, of the United States Code Annotated;
(7) a treatise with respect to:
(i) New York State Civil Practice Law and
					 Rules;
(ii) New York State Penal
					 Law;
(iii) New York State Criminal
					 Procedure Law; and
(iv) actions
					 commenced pursuant to title 42 of the United States Code, section
					 1983;
(8) a New York
					 State case law digest, or comparable search function of an electronic legal
					 research service, capable of retrieving relevant case law on the topic of:
(i) criminal law; and
(ii) prisoners and prisons;
(9) the United States and New York
					 State Constitutions;
(10) a
					 treatise on prisoner's legal rights and remedies;
(11) New York State Civil Practice Law and
					 Rules Annotated;
(12) title 42 of
					 the United States Code Annotated, sections 1981-1988;
(13) title 18 of the United States Code
					 Annotated, sections 4001-4321; and
(14) a treatise on legal research.
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 7031 - Legal Services › Section 7031.5 - Notary public

Current through Register Vol. 46, No. 28, July 10, 2024
The services of a notary public or commissioner of deeds
						shall be made available to prisoners within one business day after a prisoner's
						request for the notarization or attestation of his signature.
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 7031 - Legal Services › Section 7031.6 - Limitation on legal services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as provided in subdivision (b) of this section, a prisoner's access to
					 legal services shall not be denied, revoked or limited solely as a result of
					 disciplinary action, including a prisoner's:
(1) confinement in an individual housing unit
					 for disciplinary reasons; or
(2)
					 confinement in administrative or punitive segregation.
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 7032 - Grievance Program › Section 7032.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to provide an effective and impartial procedure
						for the timely resolution of inmate complaints, the chief administrative
						officer of each local correctional facility shall establish, implement and
						maintain a formal inmate grievance program. Every effort shall be made to
						resolve inmate complaints in an informal manner.
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 7032 - Grievance Program › Section 7032.2 - 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)
					 Grievance shall mean a written inmate complaint concerning either written or
					 unwritten facility policies, procedures, rules, practices, programs or the
					 action or inaction of any person within the facility. Dispositions, surcharges,
					 and sanctions resulting from disciplinary hearings and administrative
					 segregation housing decisions shall not be the subject of a
					 grievance.
(b) Grievant shall mean
					 an inmate who has filed a grievance pursuant to 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 7032 - Grievance Program › Section 7032.3 - Facility policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief administrative officer of each
					 local correctional facility shall ensure the development and implementation of
					 written policies and procedures consistent with this Part.
(b) Such policies and procedures shall
					 include, but are not limited to:
(1) a
					 detailed description of grievance program operations including steps,
					 timeliness, investigative processes and available internal and external appeal
					 procedures;
(2) staff
					 responsibilities for functions relative to the grievance program;
(3) procedures to ensure grievance program
					 accessibility to inmates;
(4) steps
					 to be taken to encourage staff to informally resolve inmate
					 complaints;
(5) a statement
					 regarding safeguards for inmates against reprisals for having filed a
					 grievance;
(6) procedures for
					 orientation to the grievance program for all facility staff;
(7) procedures for corrective action to be
					 taken when a grievance is found to have merit; and
(8) an annual review of such policies and
					 procedures and revision, if necessary.
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 7032 - Grievance Program › Section 7032.4 - Facility program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any inmate incarcerated in a local
					 correctional facility shall be provided access to the facility's grievance
					 program.
(b) Instructions for
					 filing a grievance shall be included in the facility rules and information as
					 required by section
					 7002.9(a)(15) 
					 of this Chapter.
(c) Each inmate at
					 any facility shall be advised in writing as to the availability of grievance
					 forms upon admission.
(d) Facility
					 staff shall make forms readily available so that an inmate may file a
					 grievance. An inmate must file a grievance within five days of the date of the
					 act or occurrence giving rise to the grievance.
(e) The chief administrative officer of each
					 local correctional facility shall designate a staff member(s) to act as
					 grievance coordinator(s).
(f) The
					 chief administrative officer or his designee shall ensure that each grievance
					 is investigated to the fullest extent necessary by an impartial person who was
					 not personally involved in the circumstances giving rise to the grievance;
					 provided, however, that a grievance that is too vague to understand or fails to
					 set forth supporting evidence or information may be returned to the inmate.
					 Failure to supply sufficient information or evidence within two days shall be
					 cause to deny the grievance.
(g) At
					 a minimum, each investigation of an inmate grievance shall include gathering
					 and assessing the following information:
(1)
					 a description of the facts and issues underlying the circumstances of the
					 grievance;
(2) summaries of all
					 interviews held with the grievant and with all parties involved in the
					 grievance;
(3) copies of pertinent
					 documents; and
(4) any additional
					 relevant information.
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 7032 - Grievance Program › Section 7032.5 - Appeal to the Commission of Correction

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Within three business days of the receipt of the chief administrative officer's
					 determination, any grievant may appeal any grievance denied by the facility
					 administrator, in whole or in part, to the State Commission of Correction by
					 indicating his/her desire to appeal on the inmate grievance form in the space
					 provided for such purpose.
(b)
					 Within three business days after receipt of the grievant's notice of appeal,
					 the grievance coordinator shall mail, or electronically submit in a manner and
					 form prescribed by the Commission of Correction, the appeal, the accompanying
					 investigation report and all other pertinent documents to the Commission's
					 Citizens' Policy and Complaint Review Council.
(c) The grievance coordinator shall provide
					 the grievant with a receipt indicating the date the appeal was submitted to the
					 Citizens' Policy and Complaint Review Council.
(d)
(1)
					 Except as provided in paragraph (2) of this subdivision, the Citizens' Policy
					 and Complaint Review Council shall issue a written determination to the appeal
					 within 45 business days of receipt, copies of which shall be provided to the
					 grievant, the chief administrative officer and the grievance coordinator. If
					 such determination is in favor of the grievant as a matter of law, the
					 chairperson of the Citizens' Policy and Complaint Review Council shall direct
					 the chief administrative officer to comply with the grievance and provide an
					 appropriate remedy.
(2) The
					 chairperson of the council may issue written determinations to appeals of
					 classes of grievances as determined by the council. Such determinations shall
					 be issued within 10 business days of receipt and copies shall be provided to
					 the grievant, the chief administrative officer, and the grievance coordinator.
					 A copy shall also be given to the members of the council for their review. If
					 such determination is in favor of the grievant as a matter of law, the
					 chairperson of the Citizens' Policy and Complaint Review Council shall direct
					 the chief administrative officer to comply with the grievance and provide an
					 appropriate remedy.
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 7032 - Grievance Program › Section 7032.6 - Grievance program forms

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall utilize both an inmate grievance form
						and an investigation report form as provided by the Commission of
						Correction.
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 7032 - Grievance Program › Section 7032.7 - Continuation and termination of grievances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a grievant is released or transferred
					 from a facility prior to the resolution of a grievance, the chief
					 administrative officer shall cause a determination to be made on such grievance
					 pursuant to the requirements of this Part.
(b) If the chief administrative officer
					 denies such grievance, he or she shall submit the grievance to the Citizens'
					 Policy and Complaint Review Council as set forth in section
					 7032.5 
					 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 7032 - Grievance Program › Section 7032.8 - Grievance coordinator responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 grievance coordinator shall act as a liaison between the grievant, the chief
					 administrative officer and the Commission of Correction in all matters that
					 pertain to the inmate grievance program.
(b) For any grievance initially submitted
					 electronically pursuant to section
					 7032.5(b) 
					 of this Part, the Citizen's Policy and Complaint Review Council may issue its
					 determination to the chief administrative officer and grievance coordinator, as
					 required by section
					 7032.5(b) 
					 of this Part, in a similar electronic manner. In such an instance, the
					 grievance coordinator shall print and provide a paper copy of the written
					 determination to the grievant, if stall incarcerated in the facility, within
					 one business day.
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 7032 - Grievance Program › Section 7032.9 - Assistance to inmates

Current through Register Vol. 46, No. 28, July 10, 2024
If a grievant is non-English speaking, illiterate or if
						the complexity of the issue(s) makes it unlikely that the inmate will be able
						to adequately present the substance of the grievance, upon the grievant's
						request the grievance coordinator shall ensure that the grievant is assisted in
						the preparation of the written grievance and at other stages of the grievance
						process in which assistance is needed. A grievant may seek the assistance of
						other inmates with the approval of the chief administrative
						officer.
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 7032 - Grievance Program › Section 7032.10 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
Each chief administrative officer shall develop a
						centralized record of all grievances.
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 7032 - Grievance Program › Section 7032.11 - Staff orientation

Current through Register Vol. 46, No. 28, July 10, 2024
All facility staff shall receive an orientation to the
						grievance program.
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 7032 - Grievance Program › Section 7032.12 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Part shall not apply to local
						correctional facilities operated in cities with a population of one million or
						more.
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 7033 - Transfer Of Records › Section 7033.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
To comply with Correction Law, section
						500-b, to afford appropriate precautions
						for the personal safety and welfare of persons in custody, and to foster the
						safety, security and good order of the local correctional facility, it is
						essential that accurate information be available to corrections
						administrators.
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 7033 - Transfer Of Records › Section 7033.2 - Facility policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Each correctional facility shall develop and implement
						policies and procedures consistent with this Part for the exchange of
						information with other correctional facilities.
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 7033 - Transfer Of Records › Section 7033.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this section, the following definitions shall
						apply to the terms listed below:
(a)
					 Information source facility shall mean any correctional facility or health care
					 provider to which a request for inmate records or detailed summaries of inmate
					 medical or psychiatric records is made pursuant to this Part.
(1) Whenever a facility transfers an inmate
					 to another facility, the receiving facility shall be deemed to have made such a
					 request at the time of the transfer.
(2) Material to be provided pursuant to this
					 Part shall be provided at the time of the transfer.
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 7033 - Transfer Of Records › Section 7033.4 - Transfer of inmate records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The chief administrative officer of a receiving facility shall request inmate
					 records necessary and relevant for compliance with Part 7013 of this Title and
					 sections 500-b and
					 601  of the Correction Law from the chief
					 administrative officer of an information source facility to the extent such
					 sources are relevant and known to the requesting 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 7033 - Transfer Of Records › Section 7033.5 - Transfer of detailed summaries of inmate medical and psychiatric records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A receiving
					 facility shall request detailed summaries of inmate medical and psychiatric
					 records necessary and relevant for compliance with this Part or for the timely
					 and effective medical evaluation or treatment of an inmate, from health care
					 providers to the extent such sources are relevant and known of the receiving
					 facility.
(b) Upon such request,
					 the health care provider shall make a detailed summary of all inmate medical
					 and psychiatric records and information in its possession.
(c) Whenever detailed summaries of inmate
					 medical and psychiatric records are requested pursuant to this Part, the
					 information source facility shall send such detailed summaries only to the
					 attention of the facility medical director.
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 7033 - Transfer Of Records › Section 7033.6 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information,
					 however received, pursuant to this Part which is confidential as required by
					 law shall be kept confidential by the party receiving such information and any
					 limitation on the release of such information imposed by law upon any party
					 furnishing the information shall also apply to the party receiving such
					 information.
(b) Any disclosure of
					 confidential material made pursuant to this Part shall be limited to that
					 information which is necessary in light of the reason for disclosure.
(c) The chief administrative officer and the
					 medical director of each local correctional facility shall develop and
					 implement policies and procedures to ensure the safekeeping of all confidential
					 records.
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 7039 - Fire Prevention And Safety › Section 7039.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to safeguard the lives and property of all
						occupants within each local correctional facility and to minimize the
						possibility of fire emergencies or other similar hazards, each facility shall
						practice proper fire prevention and safety measures.
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 7039 - Fire Prevention And Safety › Section 7039.2 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The chief administrative officer of each facility shall
						develop and implement written policies and procedures to ensure compliance with
						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 7039 - Fire Prevention And Safety › Section 7039.3 - Fire prevention code requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall comply with all applicable Federal,
						State and local laws, codes, rules and regulations relating to fire safety and
						prevention.
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 7039 - Fire Prevention And Safety › Section 7039.4 - Fire and safety inspections

Current through Register Vol. 46, No. 28, July 10, 2024
The chief administrative officer of each facility shall
						request the appropriate authority having code enforcement jurisdiction to
						conduct an annual fire and safety inspection. A copy of the report based on
						such inspection together with a detailed statement of steps taken or to be
						taken to correct any deficiencies set forth in such report shall be maintained
						on file.
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 7039 - Fire Prevention And Safety › Section 7039.5 - Fire prevention and safety practices and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief administrative officer of each
					 local correctional facility shall appoint one or more staff members to conduct
					 regular inspections of all areas of the facility to determine whether a fire
					 hazard exists and shall take the necessary action to remove such
					 hazard.
(b) Such inspections shall
					 be conducted at weekly intervals or more frequently in the discretion of the
					 chief administrative officer, and the results of such inspections shall be
					 entered in a facility log maintained for this purpose.
(c) Prior to assuming such duties, such
					 appointed staff members(s) shall have successfully completed a fire protection
					 seminar approved by the Office of Fire Prevention and Control.
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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to promote a safe, secure, and healthy
						correctional environment, there shall be a limit on the total number of inmates
						confined at any given time within 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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.2 - Definition

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)
Maximum facility capacity
shall mean the greatest number of
					 incarcerated individuals that may be confined at one time within each
					 correctional facility, as formulated by the commission pursuant to the
					 requirements of this Part.
(b)
Special housing
shall have the same meaning as defined in
					 section 7013.2(h)  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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.3 - Facility population limitation

Current through Register Vol. 46, No. 28, July 10, 2024
The total number of inmates confined within each
						correctional facility shall not exceed the maximum facility capacity of such
						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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.4 - Individual occupancy housing units

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided in section
					 7040.6(a) 
					 of this Part, each individual occupancy housing unit shall contain at least 60
					 square feet of floor space; however, an individual occupancy housing unit may
					 contain less than 60 square feet of floor space if such unit was originally
					 constructed for single occupancy prior to the effective date of this
					 Part.
(b) Each individual occupancy
					 housing unit shall contain:
(1) one bed and
					 mattress;
(2) one functioning
					 toilet; and
(3) one functioning
					 sink.
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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.5 - Multiple occupancy housing units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 multiple occupancy housing unit shall provide a minimum of 50 square feet of
					 floor space per inmate in the sleeping area, except as otherwise provided in
					 section
					 7040.6(b) 
					 of this Part.
(b) Each multiple
					 occupancy housing unit shall house no more than 60 inmates.
(c) Each multiple occupancy housing unit
					 shall have a bed and mattress for each inmate and have available:
(1) at least one functioning toilet for every
					 12 inmates;
(2) at least one
					 functioning shower for every 15 inmates; and
(3) at least one functioning sink for every
					 12 inmates.
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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.6 - Medical housing units and treatment areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each individual occupancy housing unit
					 used to house inmates apart from the general population for purposes of medical
					 observation or treatment shall have a minimum of 80 square feet of floor
					 space.
(b) Each multiple occupancy
					 housing unit used to house inmates apart from general population for purposes
					 of medical observation or treatment shall have a minimum of 80 square feet of
					 floor space per inmate in the sleeping area.
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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.7 - Formulating maximum facility capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
					 Part, the commission shall formulate in writing the maximum facility capacity
					 of each correctional facility.
(b)
					 In formulating the maximum facility capacity of a facility, the commission
					 shall determine the maximum number of incarcerated individuals that can be
					 housed in each individual and multiple occupancy housing unit pursuant to the
					 requirements of this Part. Such determination shall be based on the following:
(1) the number of properly equipped
					 individual occupancy housing units, including the number of properly equipped
					 individual occupancy housing units in housing areas designated for
					 admissions/orientation, medical and mental health observation, and special
					 housing;
(2) the number of properly
					 equipped multiple occupancy housing units, including the number of properly
					 equipped multiple occupancy housing units in housing areas designated for
					 admissions/orientation, medical and mental health observation, and special
					 housing; and
(3) the facility's
					 ability to provide required programs and services and to comply with other
					 rules and regulations of this Title which are related to facility
					 capacity.
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 7040 - MAXIMUM FACILITY CAPACITY › Section 7040.8 - Applying for a change in maximum facility capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a change in any of the factors
					 delineated in subdivision (b) of section
					 7040.7 
					 of this Part, the chief administrative officer may apply to the commission for
					 a revision of the maximum facility capacity.
(b) Such application shall be made in writing
					 and include the specific facts, reasons, or special circumstances underlying
					 the request.
(c) Within 60 days
					 after receipt, the commission shall review such application and forward its
					 determination in writing to the chief administrative officer.
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 7041.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local
					 correctional facility shall employ that number of persons necessary to provide
					 care, custody and control for all prisoners and to perform all other necessary
					 facility functions. In no case shall the number of such persons be less than
					 the minimum facility staffing requirement as determined by the State Commission
					 of Correction in accordance with the provisions of this Part.
(b) As used in this Part, the term minimum
					 facility staffing requirement shall mean the number of persons necessary to
					 provide care, custody and control for all prisoners and to perform all other
					 necessary facility functions.