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 7075 - CONFINEMENT AND DEPRIVATION › Section 7075.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part shall be to ensure that
						incarcerated individuals are confined to individual occupancy housing units,
						and deprived of essential services, only when necessary, and for the least
						amount of time necessary, to maintain the safety, security and good order of
						the facility and, absent exigent circumstances, this period of confinement or
						deprivation may not risk significantly compromising the health of the
						individual.
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 7075 - CONFINEMENT AND DEPRIVATION › Section 7075.2 - 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)
Chief Administrative Officer
shall mean the highest-ranking
					 facility official present during the time period in which a determination must
					 be rendered.
(b)
Facility
shall mean a county jail or penitentiary, or a local
					 correctional facility under the jurisdiction of the New York City Department of
					 Correction.
(c)
Essential
					 service
shall mean any right, service, item or article guaranteed an
					 incarcerated individual by the provisions of this Chapter.
(d)
Individual occupancy housing
					 unit, multiple occupancy housing unit, medical housing unit, dayroom space and
					 sleeping area
shall each have the same meaning as provided in Part
					 7040 of this Title.
(e)
Segregation
shall mean the involuntary confinement of an
					 incarcerated individual to an individual occupancy housing unit, or to the
					 sleeping area of a multiple occupancy housing unit, for any duration.
					 Segregation shall not include such confinement during established sleep hours,
					 confinement for purposes of medical or mental health treatment, confinement to
					 a housing unit designated for classification purposes, confinement for the
					 purpose of providing constant supervision, routine confinement necessary for a
					 change of shift, conducting an incarcerated population count, or the provision
					 of routine services, or temporary confinement necessary to quell a disturbance
					 or incident.
(f)
Segregated
					 individual
shall mean any incarcerated individual subject to
					 segregation.
(g)
Segregated
					 confinement
shall mean the confinement of an incarcerated individual
					 to an individual occupancy housing unit, in any form, for more than seventeen
					 (17) hours a day, other than in a facility-wide emergency or for the purpose of
					 providing medical or mental health treatment.
(h)
Administrative
					 segregation
shall mean any segregation, as defined in subdivision (e)
					 of this section, that does not constitute a disciplinary sanction, imposed
					 pursuant to section
					 7006.9 
					 of this Title, or segregation pending a disciplinary hearing, ordered pursuant
					 to section
					 7006.7 
					 of this Title.
(i)
Administratively segregated incarcerated individual
shall mean
					 any incarcerated individual subject to administrative segregation.
(j)
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 7075 - CONFINEMENT AND DEPRIVATION › Section 7075.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, each
						facility shall establish and implement policies and procedures designed to
						ensure that the segregation of incarcerated individuals, and the deprivation of
						essential services, is limited in both scope and duration to maintain the
						safety, security and good order of the facility and, absent exigent
						circumstances, may not risk significantly compromising the health of the
						individual.
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 7075 - CONFINEMENT AND DEPRIVATION › Section 7075.4 - Confinement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Other than
					 incarcerated individuals subject to segregation, segregated confinement,
					 voluntary confinement, confinement during established sleep hours, confinement
					 for purposes of medical or mental health treatment, confinement to a housing
					 unit designated for classification purposes, confinement for the purpose of
					 providing constant supervision, routine confinement necessary for a change of
					 shift, conducting an incarcerated population count, or the provision of routine
					 services, or temporary confinement necessary to quell a disturbance or
					 incident, any incarcerated individual assigned to an individual or multiple
					 occupancy housing unit shall have unrestrained access to adjoining dayroom
					 space.
(b) Absent exigent
					 circumstances, no incarcerated individual shall be confined in any room, space
					 or other area of the facility that is not designed, intended and purposed for
					 the confinement of individuals, nor any housing unit, cell or pen not listed as
					 appropriate housing on, or beyond the allowable duration specified by, the
					 maximum facility capacity formulation issued by the commission pursuant to
					 section
					 7040.7 
					 of this Part. Additionally, no facility shall operate an incarcerated
					 individual housing area, or subdivision thereof, for special housing unless it
					 is specifically designated for such use on the maximum facility capacity
					 formulation, issued by the commission pursuant to section
					 7040.7 
					 of this Part.
(c) Each segregated
					 individual assigned to a multiple occupancy housing unit shall be allowed a
					 minimum of seven (7) hours per day outside the sleeping area.
(d) An administratively segregated
					 incarcerated individual shall only be confined in special housing upon a
					 determination of the chief administrative officer that such incarcerated
					 individual's presence in the facility's general housing would pose an
					 unreasonable and demonstrable risk to the safety and security of staff,
					 incarcerated individuals, the facility, or would present an unreasonable risk
					 of escape. Any such determination shall be made by the chief administrative
					 officer in writing, and shall state the specific facts and reasons underlying
					 the determination.
(e) The
					 confinement of an incarcerated individual to an individual occupancy housing
					 unit for medical or mental health treatment shall, if available, be within the
					 facility's clinical area or in as close proximity to a medical or mental health
					 unit as possible.
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 7075 - CONFINEMENT AND DEPRIVATION › Section 7075.5 - Deprivation of essential services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless specifically allowed in this
					 Chapter, the provision of an essential service to an incarcerated individual
					 shall not be denied, restricted or limited as a means of discipline or
					 punishment.
(b) Unless otherwise
					 specified by the provisions of this Chapter, the provision of an essential
					 service to an incarcerated individual shall not be denied, restricted or
					 limited unless the chief administrative officer determines that providing such
					 essential service would cause a threat to the safety, security, or good order
					 of the facility, or the safety, security, or health of any individual. Any such
					 determination shall be made by the chief administrative officer in writing, and
					 shall state the specific facts and reasons underlying the
					 determination.
(c) Any
					 determination made pursuant to subdivision (b) of this section shall be
					 reviewed by the chief administrative officer at intervals not to exceed seven
					 days. A review conducted by the chief administrative officer, pursuant to this
					 subdivision, which may impact an individual's health shall include consultation
					 with the jail physician, facility medical director, or other qualified facility
					 health staff. Following each such review, the chief administrative officer
					 shall document, in writing, a summary of any consultation with health staff,
					 whether such determination shall continue or cease, and state the specific
					 facts and reasons underlying the continuance or termination.
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 7075 - CONFINEMENT AND DEPRIVATION › Section 7075.6 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall maintain a centralized record of all
						written determinations and reviews required by the provisions 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 7076 - Segregated Confinement › Section 7076.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part shall be to ensure that the
						conditions, programming, duration, recordkeeping and reporting of segregated
						confinement practices in local correctional facilities remain consistent with
						relevant law and ensure the fair and humane treatment of affected incarcerated
						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 7076 - Segregated Confinement › Section 7076.2 - 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)
Segregated confinement
shall mean the confinement of an
					 incarcerated individual to an individual occupancy housing unit, in any form,
					 for more than seventeen (17) hours a day, other than in a facility-wide
					 emergency or for the purpose of providing medical or mental health
					 treatment.
(b)
Special
					 population
shall mean any incarcerated individual:
(1) 21 years of age or younger;
(2) 55 years of age or older;
(3) with a disability, as defined in section 292  of the Executive Law; or
(4)
					 who is pregnant, in the first eight (8) weeks of the post-partum recovery
					 period after giving birth, or caring for a child in the
					 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 7076 - Segregated Confinement › Section 7076.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, each
						facility shall establish and implement policies and procedures with respect to
						the conditions, programming, duration, recordkeeping and reporting of
						segregated confinement.
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 7076 - Segregated Confinement › Section 7076.4 - Conditions and function

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 facility housing areas in which incarcerated individuals are subject to
					 segregated confinement shall create the least restrictive environment necessary
					 for the safety of incarcerated persons, staff, and the security of the
					 facility.
(b) No individual may be
					 placed in segregated confinement based on the same act or incident that was
					 previously used as the basis for such placement.
(c) No individual may be held in segregated
					 confinement for protective custody. Any unit used for protective custody must,
					 at a minimum, conform to the requirements governing residential rehabilitation
					 units, as set forth in Part 7077 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 7076 - Segregated Confinement › Section 7076.5 - Programming

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incarcerated
					 individuals in segregated confinement shall be offered out-of-cell programming
					 at least four (4) hours per day, including at least one (1) hour for
					 exercise.
(b) Incarcerated
					 individuals in segregated confinement shall be offered programming led by
					 program or therapeutic staff five (5) days per week, except on recognized state
					 legal holidays. All other out-of-cell time may include peer-led programs, time
					 in a day room or out-of-cell recreation area with other people, congregate
					 meals, volunteer programs, or other congregate activities.
(c) If established that an incarcerated
					 individual committed a violent felony act while in segregated confinement and
					 poses a significant and unreasonable risk to the safety and security of other
					 incarcerated individuals or staff, the chief administrative officer may
					 restrict such individual's participation in programming and out-of-cell
					 activities as necessary for the safety of other incarcerated individuals and
					 staff. If such restrictions are imposed, the facility must provide at least
					 four (4) hours out-of-cell time daily, including at least two (2) hours of
					 therapeutic programming and two (2) hours of exercise, and must make reasonable
					 efforts to reinstate access to programming as soon as possible. In no case may
					 such restrictions extend beyond fifteen (15) days unless the incarcerated
					 individual commits a new violent felony act justifying restrictions on program
					 access, or if the chief administrative officer reasonably determines that the
					 incarcerated individual poses an extraordinary and unacceptable risk of
					 imminent harm to the safety or security of other incarcerated individuals or
					 staff. Any extension of program restrictions beyond fifteen (15) days must be
					 meaningfully reviewed and approved at least every fifteen (15) days by the
					 chief administrative officer. Each review must consider the impact of
					 therapeutic programming provided during the fifteen (15) day period on the
					 individual's risk of imminent harm and the chief administrative must articulate
					 in writing, with a copy provided to the incarcerated individual, the specific
					 reason why the individual currently poses an extraordinary and unacceptable
					 risk of imminent harm to the safety or security of incarcerated individuals or
					 staff. In no case may restrictions imposed by the chief administrative officer
					 extend beyond ninety (90) days unless the individual commits a new violent
					 felony act justifying restrictions on program access.
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 7076 - Segregated Confinement › Section 7076.6 - Duration of segregated confinement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incarcerated individuals of a special
					 population shall not be placed in segregated confinement for any length of
					 time, except as authorized by subdivision (a) of section
					 7006.7 
					 of this Title as administrative segregation pending a disciplinary
					 hearing.
(b) No incarcerated
					 individual may be placed in segregated confinement for longer than necessary
					 and no more than fifteen (15) consecutive days, nor shall any individual be
					 placed in segregated confinement for more than twenty (20) total days within
					 any sixty (60) day period except as otherwise provided in subdivision (c) of
					 this section. At these limits, the incarcerated individual must be released
					 from segregated confinement or, in facilities with a maximum facility capacity
					 exceeding five hundred (500), diverted to a separate residential rehabilitation
					 unit. If placement of such individual in segregated confinement would exceed
					 the twenty (20) day limit and the chief administrative officer determines that
					 the individual committed a violent felony act, the chief administrative officer
					 may, in a facility with a maximum facility capacity exceeding five hundred
					 (500), place the individual in segregated confinement until admission to a
					 residential rehabilitation unit can be effectuated. Such admission to a
					 residential rehabilitation unit shall occur as expeditiously as possible and in
					 no case take longer than forty-eight (48) hours from the time such individual
					 is placed in segregated confinement.
(c) For offenses determined to constitute a
					 violent felony act, if occurring more than one time within any sixty (60) day
					 period, up to an additional fifteen (15) consecutive days in segregated
					 confinement may occur for each such additional incident. If such subsequent
					 incident takes place in a residential rehabilitation unit or general
					 population, the incarcerated individual may be returned to segregated
					 confinement for up to fifteen (15) consecutive days. If such subsequent
					 incident takes place in segregated confinement and causes physical injury to
					 another person, the incarcerated individual may receive up to an additional
					 fifteen (15) consecutive days in segregated confinement, provided however that
					 the individual must spend at least fifteen (15) days in a residential
					 rehabilitation unit in between each placement of up to fifteen (15) consecutive
					 days in segregated confinement.
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 7076 - Segregated Confinement › Section 7076.7 - Recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 restriction, determination, extension, review or approval required or
					 authorized by this Part shall be made by the chief administrative officer in
					 writing, and shall state the specific facts and underlying reasons.
(b) Each facility shall maintain all records
					 required by subdivision (a) of this section in a centralized
					 location.
(c) Each facility shall
					 publish monthly reports on its website, with semi-annual and annual cumulative
					 reports, of the total number of people who are in segregated confinement on the
					 first day of each month. The reports shall provide a breakdown of the number of
					 people in segregated confinement by:
(1)
					 age;
(2) race;
(3) gender;
(4) special health accommodations or
					 needs;
(5) need for and
					 participation in substance use disorder programs;
(6) pregnancy status; and
(7) number of days in segregated
					 confinement.
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 7077 - Residential Rehabilitation Units › Section 7077.1 - Applicability and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 purpose of this Part shall be to ensure that the conditions, programming,
					 duration, recordkeeping and reporting of residential rehabilitation units in
					 local correctional facilities remain consistent with relevant law and ensure
					 the fair and humane treatment of affected incarcerated individuals.
(b) The requirements of this Part shall not
					 apply to a facility with a maximum facility capacity of five hundred (500) or
					 fewer.
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 7077 - Residential Rehabilitation Units › Section 7077.2 - 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)
Segregated confinement
shall mean the confinement of an
					 incarcerated individual to an individual occupancy housing unit, in any form,
					 for more than seventeen (17) hours a day, other than in a facility-wide
					 emergency or for the purpose of providing medical or mental health
					 treatment.
(b)
Residential
					 rehabilitation unit
shall mean a separate housing unit used for
					 therapy, treatment, and rehabilitative programming of incarcerated individuals
					 who have been determined to require more than fifteen (15) days of segregated
					 confinement pursuant to facility proceedings.
(c)
Chief administrative
					 officer
shall mean the highest-ranking facility official present
					 during the time period in which a determination must be rendered.
(d)
Violent felony act
shall
					 have the same meaning as provided in section
					 7006.1 
					 of this Title.
(e)
Facility
shall mean a county jail or penitentiary, or a local
					 correctional facility under the jurisdiction of the New York City Department of
					 Correction.
(f)
Individual
					 occupancy housing unit
shall have the same meaning as provided in Part
					 7040 of this Title.
(g)
Maximum facility capacity
shall have the same meaning as
					 provided in section
					 7040.2  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 7077 - Residential Rehabilitation Units › Section 7077.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, each
						facility shall establish and implement policies and procedures with respect to
						the conditions, programming, duration, recordkeeping and reporting of
						residential rehabilitation units.
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 7077 - Residential Rehabilitation Units › Section 7077.4 - Conditions and function

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Residential rehabilitation units shall be therapeutic and trauma-informed, and
					 aim to address individual treatment and rehabilitation needs and underlying
					 causes of problematic behaviors.
(b) All residential rehabilitation units
					 shall create the least restrictive environment necessary for the safety of
					 incarcerated persons, staff, and the security of the facility.
(c)No individual may be placed in a
					 residential rehabilitation unit based on the same act or incident that was
					 previously used as the basis for such placement.
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 7077 - Residential Rehabilitation Units › Section 7077.7 - Recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 restriction, determination, extension, review or approval required or
					 authorized by this Part shall be made by the chief administrative officer in
					 writing, and shall state the specific facts and underlying reasons.
(b) Each facility shall maintain all records
					 required by subdivision (a) of this section in a centralized location. (c) Each
					 facility shall publish monthly reports on its website, with semi-annual and
					 annual cumulative reports, of the total number of people who are in residential
					 rehabilitation units on the first day of each month. The reports shall provide
					 a breakdown of the number of people in residential rehabilitation units by:
(1) age;
(2) race;
(3) gender;
(4) special health accommodations or
					 needs;
(5) need for and
					 participation in substance use disorder programs; and
(6) pregnancy status;
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 7100 - 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 7101 - 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 7102 - 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 7103 - 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 II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, the
					 commission shall furnish to the public the information and records required by
					 the Freedom of Information Law, as well as records otherwise available by
					 law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following person has been designated as records access officer to the
				  commission: Public Information Officer, New York State Commission of
				  Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th
				  Floor, Albany, NY 12210-8001.
(b)
				  The records access officer shall ensure that the commission responds to
				  requests for access to records in accordance with the provisions of this
				  Part.
(c) The records access
				  officer shall:
(1) maintain an up-to-date
				  subject matter list;
(2) assist the
				  requester in identifying requested records, if necessary;
(3) upon locating the records, take one of
				  the following actions:
(i) make records
				  available for inspection; or
(ii)
				  deny access to the records in whole or in part, and explain in writing the
				  reasons therefor;
(4)
				  upon request for copies of records:
(i) make
				  a copy available upon payment or offer to pay the fees required pursuant to
				  section
				  7200.7 
				  of this Part; or
(ii) permit the
				  requester to copy those records;
(5) upon request, certify that a record is a
				  true copy; and
(6) upon failure to
				  locate records, certify that:
(i) the
				  commission is not the custodian for such records; or
(ii) the records of which the commission is a
				  custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
					 copying at: State Commission of Correction, Alfred E. Smith State Office
					 Building, 80 S. Swan Street, 12th Floor, Albany, NY
					 12210-8001.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records of the commission
					 shall be accepted, and records produced, on any business day between the hours
					 of 9 a.m. and 4 p.m.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided in this
				  section, all requests for access to records of the commission shall be in
				  writing and shall reasonably describe the record or records sought. Such
				  description may include dates, file designations or any other available
				  identifying information.
(b) The
				  records access officer may, in his discretion, accept oral requests for
				  records.
(c) Within five business
				  days of receipt of a request for a record, the records access officer shall:
(1) make such record available to the person
				  requesting it;
(2) deny such
				  request in accordance with the provisions of section
				  7200.6 
				  of this Part; or
(3) furnish a
				  written acknowledgment of the receipt of such request and a statement of the
				  approximate date when the request will be granted or denied.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.6 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				  records access officer determines that a written request for access to a record
				  or records pertains to information which is exempt under the provisions of the
				  Freedom of Information Law, he shall deny the request. Such denial shall be in
				  writing and shall:
(1) state the specific
				  facts and reasons for the denial; and
(2) advise the requester of the right to
				  appeal such denial to the State Commission of Correction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.7 - Fees for copies of records

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for copies of records shall be 25 cents per page
					 not in excess of 9 inches by 14 inches, or the actual cost of reproducing any
					 other record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.8 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				  access officer shall maintain a reasonably detailed current list, by subject
				  matter, of all records in the possession of the agency, whether or not such
				  records are available pursuant to the Freedom of Information Law.
(b) The subject matter list shall be
				  sufficiently detailed to permit identification of the category of the record
				  sought.
(c) The subject matter list
				  shall be updated not less than twice per year. The most recent update shall
				  appear on the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall post a notice containing the title and
					 business address of the records access officer, the persons determining
					 appeals, and the location where records can be seen or copied, in a conspicuous
					 location where records are kept.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7200 - Public Access To Records › Section 7200.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of these regulations or the application
					 thereof to any person or circumstance is adjudged invalid by a court of
					 competent jurisdiction, such judgment shall not affect or impair the validity
					 of the other provisions of these regulations or the application thereof to
					 other persons and circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7201 - Confidentiality Of Human Immunodeficiency Virus- Related Information › Section 7201.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of Public Health Law,
					 article 27-F, its implementing regulations, Part 7064 of this Title, and this
					 Part, the commission shall obtain, retain and disclose only such HIV- and
					 AIDS-related information as is relevant and necessary to accomplish the
					 mandates of the commission and as authorized by article 3 of the Correction
					 Law, Executive Order, or any other statutory provision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7201 - Confidentiality Of Human Immunodeficiency Virus- Related Information › Section 7201.2 - Safeguards to prevent discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
In the discharge of their official duties or in the course
					 of their employment by or appointment to the commission, no member thereof,
					 employee, agent, member of the medical review board or member of the citizens'
					 policy and complaint review council shall unlawfully discriminate against any
					 person based upon such person's HIV antibody status, AIDS-related illness or
					 diagnosis of AIDS or lack thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7201 - Confidentiality Of Human Immunodeficiency Virus- Related Information › Section 7201.3 - Confidentiality and disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
Confidential HIV-related information obtained by any person
					 in the discharge of their official duties or in the course of their employment
					 by or appointment to the commission, or by any member or agent thereof, or any
					 member of the medical review board or member of the citizens' policy and
					 complaint review council may be disclosed only pursuant to Public Health Law,
					 article 27-F, its implementing regulations, Part 7064 of this Title, and this
					 Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7201 - Confidentiality Of Human Immunodeficiency Virus- Related Information › Section 7201.4 - Access to HIV-related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Confidential HIV- and AIDS-related
				  information shall only be made available to and received and retained by the
				  commission to the extent relevant and necessary to accomplish the mandates of
				  the commission as authorized by article 3 of the Correction Law, executive
				  order or any statutory provision.
(b) Confidential HIV- and AIDS-related
				  information shall be received by, made available to, or retained only by the
				  following and only to the extent necessary to carry out the express functions,
				  powers and duties of the commission:
(1)
				  members of the commission or, as set forth in a written authorization
				  specifically issued for the purpose, their designees;
(2) counsel to the commission or, as
				  necessary to carry out the express functions, powers and duties of the
				  commission, assistant counsels to the commission;
(3) members of the medical review board and
				  commission staff acting on behalf of such board as necessary in order to carry
				  out the express functions, powers and duties of the board; and
(4) members of the citizens' policy and
				  complaint review council and commission staff acting on behalf of such council
				  as necessary in order to carry out the express functions, powers and duties of
				  the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7201 - Confidentiality Of Human Immunodeficiency Virus- Related Information › Section 7201.5 - Intra-agency confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No employee, agent or member of the commission or any member of the citizens'
				  policy and complaint review council or member of the medical review board shall
				  have access to health information relating to any identified person, including
				  confidential HIV-related information on any person, except in connection with
				  the following activities:
(1) investigation
				  into the death of any inmate pursuant to article 3 of the Correction
				  Law;
(2) investigation or
				  evaluation of health care in any correctional facility;
(3) monitoring and providing technical
				  assistance to any correctional facility or operator thereof;
(4) maintenance of statistical data as
				  authorized by law;
(5) research
				  studies approved by the commission;
(6) as necessary in the ordinary course of
				  business to provide legal services to the commission; and
(7) as otherwise relevant and necessary to
				  carry out the express statutory functions, powers and duties of the
				  commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the commission shall maintain in its records
				  only such personal information as is relevant and necessary to accomplish the
				  mandates of the commission as authorized by article 3 of the Correction Law,
				  executive order, or any statutory provision.
(b) Personal information shall be collected,
				  whenever practicable, directly from the person to whom the information
				  pertains, and shall be maintained in an accurate, relevant, timely and complete
				  manner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Data subject
				  shall mean any natural person about whom personal information has been
				  collected by the commission.
(b)
				  Personal information shall mean any information concerning a data subject
				  which, because of name, number, symbol, mark or other identification, can be
				  used to identify that data subject.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 94 (8)  of the Public Officers
					 Law, this Part shall not apply to a record of the commission which pertains to
					 investigation, law enforcement, confinement of persons in correctional
					 facilities, or supervision of persons pursuant to criminal conviction or court
					 order.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.4 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following person has been designated as privacy compliance officer to the
				  commission: Records Access Officer, New York State Commission of Correction,
				  Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany,
				  NY 12210-8001.
(b) The privacy
				  compliance officer shall ensure compliance with the Personal Privacy Protection
				  Law in accordance with the provisions of this Part.
(c) The privacy compliance officer shall:
(1) assist a data subject in identifying and
				  requesting personal information, if necessary;
(2) take one of the following actions upon
				  locating the record sought:
(i) make the
				  record available for inspection, in a printed form without codes or symbols,
				  unless an accompanying document explaining such codes or symbols is also
				  provided; or
(ii) deny access to
				  the records in whole or in part, and explain in writing the reasons
				  therefor;
(3) Upon
				  request for copies of records:
(i) make a
				  copy available upon payment or offer of payment of fees required pursuant to
				  section
				  7202.13  of this Part;
				  or
(ii) permit the requestor to
				  copy these records;
(4)
				  upon request, certify that a record is a true copy; and
(5) upon failure to locate records, certify
				  that:
(i) the commission is not the custodian
				  for such records;
(ii) the
				  commission cannot locate the record after having made a diligent search;
				  or
(iii) the information sought
				  cannot be retrieved by use of the description thereof, or by use of the name or
				  other identifier of the data subject without extraordinary search methods being
				  employed by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.5 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  privacy compliance officer may require appropriate identification, such as a
				  driver's license, an identifier assigned to the data subject by the agency, a
				  photograph, or similar information that confirms that the record sought
				  pertains to the data subject.
(b)
				  When a request if made by mail, the privacy compliance officer may require
				  verification of a signature or inclusion of an identifier generally known only
				  by a data subject, or similar appropriate identification.
(c) Proof of identity shall not be required
				  regarding a request for a record accessible to the public pursuant to article 6
				  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.6 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection at State
					 Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan
					 Street, 12th Floor, Albany, NY 12210-8001.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.7 - Hours for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records of the commission
					 shall be accepted, and records produced, on any business day between the hours
					 of 9 a.m. and 4 p.m.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7202 - Access To Personal Information › Section 7202.8 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests shall be made in writing,
				  except that the privacy compliance officer may, in his discretion, accept oral
				  requests after the applicant has demonstrated proof of identity.
(b) All requests shall reasonably describe
				  the record or records sought. Whenever possible, the data subject shall supply
				  identifying information that assists the commission in locating the records
				  sought.
(c) Within five business
				  days of the receipt of a request, the privacy compliance officer shall:
(1) provide access to the record;
(2) deny access in writing, explaining the
				  reasons therefor; or
(3)
				  acknowledge the receipt of the request in writing, stating the request will be
				  granted or denied, within 30 days from the date of the
				  acknowledgment.