reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 3 - Amendment, Interpretation And Construction Of Title › Section 3.10 - Reports and requests for instructions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wherever it is provided in this Title
				that a report is to be made to or instructions are to be requested from the
				superintendent of a facility, the superintendent may designate an employee to
				receive such report or to furnish such instructions and the report or request
				shall be made to such employee. Instructions given by an employee designated to
				furnish same shall be deemed to be instructions given by the superintendent.
				Each such designation and any changes and amendments thereto shall be in
				writing and a copy thereof shall be forwarded to the commissioner.
(b) Wherever it is provided in this Title
				that a report is to be made to or instructions are to be requested from the
				commissioner, the commissioner may designate a deputy commissioner or other
				employee to receive such report or to furnish such instructions and the report
				or request shall be made to such person. Instructions given by an employee
				designated to furnish same shall be deemed to be instructions given by the
				commissioner. Each such designation and changes and amendments thereto shall be
				set forth in policy statements of the department.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 3 - Amendment, Interpretation And Construction Of Title › Section 3.15 - Action by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				a decision or action is under review by the commissioner, such decision or
				action shall be considered valid until other instructions are issued by the
				commissioner.
(b) Instructions by
				the commissioner setting forth his determination in a matter will be issued in
				such form and with as much specificity as he may deem appropriate in the
				circumstances.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 3 - Amendment, Interpretation And Construction Of Title › Section 3.20 - Action by department employees

Current through Register Vol. 46, No. 28, July 10, 2024
When exercising discretion as permitted in this Title, unless
				  otherwise specified, department employees should consider the safety or
				  security of persons or property; security or control of correctional
				  facilities; management or fiscal concerns; rehabilitation of inmates, or other
				  correctional goals.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations set forth in this Part are
				  promulgated pursuant to Correction Law, section
				  29(2); Public Officers Law,
				  section
				  87; Public Health Law, sections
				  17 and
				  18;  45 CFR part 160, subparts A and B; and  45
				  CFR part 164, subpart E (December 28, 2000, amended August 14, 2002 and
				  February 20, 2003), the Standards for Privacy of Individually Identifiable
				  Health Information, also known as the HIPAA privacy regulations. These laws and
				  regulations govern the privacy of records, statistics and other information
				  collected, obtained and maintained by the department and information obtained
				  in an official capacity by officers, employees or members
				  thereof.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.10 - Department records

Current through Register Vol. 46, No. 28, July 10, 2024
Any department record not otherwise made available pursuant
				  to this Part shall not be released except by the commissioner or his designee
				  for good cause shown.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.11 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer for the Department of Corrections
				  and Community Supervision is appointed by the Department's Deputy Commissioner
				  and Counsel . A request by any person wishing to inspect or obtain a copy of a
				  departmental record shall be addressed in writing to: Records Access Officer,
				  Department of Corrections and Community Supervision, 1220 Washington Avenue,
				  Albany, NY 12226-2050. The request shall describe, in reasonable detail, the
				  record or records sought. The request may be mailed or delivered in person to
				  the above address on any workday between the hours of 9:00 a.m. and 4:00
				  p.m.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.12 - Employment records

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall maintain a record setting
				  forth the name, public office address, title and salary of every officer and
				  employee of the department.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.13 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				custodian of records under these regulations shall maintain an up-to-date
				subject matter list, reasonably detailed, of all records in his possession. The
				records access officer shall maintain a master index, reasonably detailed, of
				all records maintained by the department. The master index shall include the
				lists kept by all custodians as well as a list of records maintained at the
				department's central office.
(b)
				Each subject matter list and the master index shall be sufficiently detailed to
				permit identification of the file category of the record sought.
(c) The master index shall be updated not
				less than twice per year. The most recent update shall appear on the first page
				of the subject matter list. Each custodian of records and the records access
				officer shall make available the index kept by him for inspection and copying.
				Any person desiring a copy of such list may request in writing a copy and upon
				payment of the appropriate fee, unless waived, a copy of such list shall be
				mailed or delivered.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.15 - Custodians

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				superintendent or director of a facility shall be the custodian of all
				departmental records located at the facility unless otherwise specified herein.
				As custodian, he or she is a designee of the commissioner for the purposes of
				this Part.
(b) The counsel is the
				custodian of all records maintained by staff members of the office of
				counsel.
(c) Other designees may be
				appointed by the commissioner, the records access officer and the
				superintendent or director of a facility.
(d) Regional Directors for Community
				Supervision are the custodian of all Department records maintained within their
				respective regions.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.16 - Dissemination log

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever criminal history information is disclosed to
				  organizations, agencies or persons outside of the department, the officer or
				  employee making such disclosure shall keep an appropriate record or log to
				  indicate such disclosure. Such log shall include, at the minimum, the names of
				  all recipients of information and the date upon which disclosure is made. When
				  practicable, such log shall also include the name of the inmate or inmates that
				  are the subject of the disclosure, a brief description of the information
				  disclosed and whether or not the disclosure is a correction of a previous
				  disclosure.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.20 - Examination of inmate record by subject or his attorney

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An inmate or former inmate may request to
				inspect and copy that portion of his record to which he is entitled, either
				under article 6 of the Public Officers Law or under the access and review
				regulations of the Law Enforcement Assistance Administration,
				28
				CFR 20.21(g). A present
				inmate shall direct his request to the facility superintendent or his designee.
				A former inmate shall direct his request to the department's records access
				officer in accordance with section
				5.11  of
				this Part.
(b) The above inspection
				and copying may be performed by an attorney representing an inmate or former
				inmate, with the consent of his client, or for good cause shown.
(c) An inmate who has been denied access to
				his records under this section may appeal such denial to the Counsel,
				Department of Correctional Services, Building 2, State Campus, Albany, NY
				12226. Such appeal shall be in writing and shall set forth name and address (or
				facility) of the applicant, the specific records denied, the date of the
				request, the place of the request and, if known, the person denying such
				request and the date thereof. The counsel shall act on the appeal, as provided
				in section
				5.45 
				of this Part, except that if access is requested pursuant to the Federal access
				and review regulations, the counsel need not forward copies of the appeal and
				decision to the Committee on Public Access to Records.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.23 - Confidential records and data

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything herein to the contrary, any record,
				  including medical records, mental health records, probation records, youthful
				  offender and juvenile delinquent records, drug and alcohol abuse and
				  rehabilitation records, the confidentiality of which is provided by law, shall
				  only be released in accordance with the law governing such
				  records.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.24 - Inmate medical records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmate
				medical records shall be released in accordance with Public Health Law,
				sections
				17 and
				18;   45 CFR part 160, subparts A and B; and  45
				CFR part 164, subpart E, the Standards for Privacy of Individually Identifiable
				Health Information, also known as the HIPAA privacy regulations, and State law.
(1) The department shall follow HIPAA privacy
				standards in regards to the use and disclosure of inmate medical records,
				except in circumstances where there is a more stringent State law. In such
				cases, the department will apply the more stringent law.
(2) The department incorporates by reference
				45 CFR part 160, subparts A and B and  45 CFR part 164, subpart E (December 28,
				2000, amended August 14, 2002 and February 20, 2003), the Standards for Privacy
				of Individually Identifiable Health Information, also known as the HIPAA
				privacy regulations. Such regulations are authored by the United States
				Department of Health and Human Services and published by the United States
				Government Printing Office, Washington, DC 20402. A copy is available for
				public inspection and copying at the Department of Correctional Services,
				Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-3050.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.25 - General inmate records and data

Current through Register Vol. 46, No. 28, July 10, 2024
All other inmate records and data shall only be released in
				  the discretion of the commissioner or his designee for a proper purpose, giving
				  consideration to the privacy of the inmate, the security of facilities and
				  departmental operations and the public safety.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.30 - Employee record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee
				or former employee shall have the opportunity to inspect and copy his own
				personal history folder at his work location or former location,
				respectively.
(b) Former employees
				may request to have copies of records sent to them. The custodian of the record
				of a former employee shall respond to a request from a former employee in
				accordance with section
				5.35  of this Part.
				Present employees may be charged for copies according to section
				5.36  of this Part, unless
				otherwise provided by collective bargaining agreement.
(c) Employee medical records shall not be
				provided to anyone except (1) pursuant to an authorization signed by the
				subject or someone authorized to act on his behalf, (2) in the case of a bona
				fide medical emergency to a provider of health services, (3) for scientific and
				historical research, provided the privacy of the subject is protected, or (4)
				as otherwise required or permitted by law.
(d) State, local and Federal law enforcement
				agencies may also be permitted to inspect, copy and receive information from
				personal history folders upon written or in-person request to the director of
				personnel. Medical information and records shall not be disclosed to law
				enforcement agencies except pursuant to a court order signed by a judge
				specifying the production of medical and/or psychiatric records, or pursuant to
				a written authorization of the employee or someone authorized to act on his
				behalf.
(e) As part of the routine
				of State business, including retirement, transfer, promotion, separation from
				State service or the filing for benefits, employee records may be made
				available to other State agencies.
(f) Information on an employee's job
				performance and the reasons for leaving employment or the reasons for a change
				in supervisor, unit or duty station may be provided to private firms and other
				nonstate agencies upon the written authorization of the employee or former
				employee.
(g) Verification as to
				whether a named person is an employee of the department may be made pursuant to
				telephone, mail or in-person inquiry. Information as to the length and location
				of employment of said employee may be disclosed pursuant to said
				inquiry.
(h) Information as to the
				salary and title of a named employee of the department shall be supplied only
				pursuant to written request, except that such information may be supplied upon
				oral request to other State departments and agencies, to local, Federal and
				State law enforcement agencies and to the media by the office of public
				information.
(i) Other information
				regarding an employee may be released for a proper purpose by the commissioner,
				a superintendent, the director of personnel or a designee thereof, in his
				discretion, giving consideration to the privacy of the employee.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.35 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
				business days after receipt of a written request for a department record, the
				records access officer shall determine whether the record requested is in the
				department's custody and shall respond as provided for in subdivisions (b), (c)
				and (d) of this section.
Note: Requests for inmate medical records received by a
				  records access officer should be referred to the nurse administrator of the
				  facility in which the inmate is incarcerated or from which the inmate was
				  released. A copy of the referral letter shall be sent to the requester.
				  Facilities may charge the reasonable fee of 50 cents per page for medical
				  records, as allowed by HIPAA and Public Health Law, section 18. A ccess to
				  medical records shall not be denied by reason of inability to pay.
(b) Acknowledged receipt of the
				request and a statement of the approximate date when such request will be
				granted or denied.
(c) If he
				determines, after diligent search, that the record requested is not in the
				department's custody, he shall certify, as the case may be:
(1) that the record does not exist or that,
				after diligent search, he has no record of it;
(2) that the record is in the custody of
				another specified agency; or
(3)
				that, after diligent search, the record cannot be found.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.36 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for photocopies of a department record obtained under
				  this Part shall be 25 cents per page, not exceeding 9 inches by 14 inches in
				  size, unless otherwise provided by statute, as in the case of medical records.
				  The fees for other types of copies or other size copies or transcripts shall be
				  such reasonable amounts as the deputy commissioner for administrative services
				  shall establish, in conformity with the regulations of the Committee on Public
				  Access to Records. Notwithstanding the provisions of this section, the
				  custodian of the record may, in his discretion, waive all or any portion of the
				  fees authorized by this section for any department record.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.45 - Appeal from denial of access

Current through Register Vol. 46, No. 28, July 10, 2024
Any person whose application to inspect or copy a department
				  record has been denied may appeal such denial to the Counsel, Department of
				  Correctional Services, Building 2, State Campus, Albany, NY 12226. Such appeal
				  must be in writing and must set forth: the name and address of the applicant;
				  the specific records denied; the date of the request; the place of request if
				  other than Building 2, State Campus; and, if known, the person denying such
				  request and the date thereof. Upon receipt of a written appeal from denial of
				  access to a department record, the counsel shall forward, to the Committee on
				  Public Access to Records, a copy of the appeal. Within 10 business days of the
				  receipt of the appeal, the counsel shall affirm, modify or reverse the denial
				  and shall inform the applicant in writing of his decision. A copy of the
				  decision shall be forwarded to the Committee on Public Access to
				  Records.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.50 - Challenge to accuracy

Current through Register Vol. 46, No. 28, July 10, 2024
If the completeness or accuracy of any item of information
				  contained in the personal history or correctional supervision history portion
				  of an inmate's record is disputed by the inmate, the inmate shall convey such
				  dispute to the custodian of the record or the designee of the custodian
				  reviewing the record with him. The inmate may obtain a copy of any record that
				  contains information the accuracy or completeness of which the inmate disputes.
				  The fee for copies of records shall be in accordance with section
				  5.36  of this
				  Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.51 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				completeness or accuracy of any item of information is disputed by an inmate,
				the custodian of the record shall, within a reasonable period of time,
				investigate the accuracy and completeness of the information unless he has
				reasonable grounds to believe that the dispute by the inmate is frivolous. If
				the record in dispute is one which has been received from another governmental
				agency, then the custodian shall direct the inmate to make his challenge to
				such governmental agency.
(b) If
				the custodian, after investigation, shall determine the disputed information is
				erroneous or incomplete, he shall make such changes as are necessary and shall
				report to the inmate the results of the investigation and the changes, if any,
				which have been made no later than 45 days after the custodian or the
				custodian's designee has been advised of the dispute.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.52 - Appeal from determination

Current through Register Vol. 46, No. 28, July 10, 2024
If the inmate still disputes the accuracy or completeness of
				  the information after investigation and determination, the inmate may appeal
				  the determination of the custodian to the Inspector General, Department of
				  Correctional Services, State Campus, Building 2, Albany, NY 12226. The appeal
				  shall be in writing. The Inspector General shall affirm, modify or reverse the
				  determination of the custodian and shall notify the inmate of his decision
				  within 30 days of receipt of the appeal.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 5 - Department Records › Section 5.53 - Names of previous recipients

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request, an individual whose record has been corrected
				  shall be given the names of all known agencies, individuals or organizations to
				  whom the erroneous or incomplete data has been given.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the Department of Correctional Services (the
				department) to fully comply with the provisions of article 6-A of the Public
				Officers Law, the Personal Privacy Protection Law.
(b) The department shall maintain in its
				records only such personal information that is relevant and necessary to
				accomplish a purpose of the department that is required to be accomplished by
				statute or executive order, or to implement a program specifically authorized
				by law.
(c) Personal information
				will be collected, whenever practicable, directly from the person to whom the
				information pertains.
(d) The
				department seeks to ensure that all records pertaining to or used with respect
				to individuals are accurate, relevant, timely and complete.
(e) These regulations provide information
				regarding the procedures by which members of the public may assert rights
				granted by the Personal Privacy Protection Law.
(f) The provisions of this Part apply only to
				those persons and records covered by the Personal Privacy Protection Law.
				Inmate data subjects do not have a right to access or correct their records
				pursuant to Public Officers Law, sections
				95(6)-(7), and
				96(2)(c).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The deputy commissioner for
				administration is hereby designated privacy compliance officer and is
				responsible for ensuring that the department complies with the provisions of
				the Personal Privacy Protection Law and the regulations herein and for
				coordinating the department's response to requests for records or amendment of
				records under that law.
(b) The
				address and telephone number of the privacy compliance officer is: Department
				of Correctional Services, Building 2, 1220 Washington Avenue, Albany, NY
				12226-2050, telephone (518) 457-8188.
(c) The director of human resources, Building
				2, State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 is hereby
				designated as the deputy privacy compliance officer.
(d) The privacy compliance officer and/or his
				deputies are responsible for:
(1) assisting a
				data subject in identifying and requesting personal information, if
				necessary;
(2) describing the
				contents of systems of records orally or in writing in order to enable a data
				subject to learn if a system of records includes a record or personal
				information identifiable to a data subject requesting such record or personal
				information;
(3) taking 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;
(ii) permit the data subject to copy the
				record; or
(iii) deny access to the
				record in whole or in part and explain in writing the reasons
				therefor;
(4) making a
				copy available, upon request, upon payment of or offer to pay established fees,
				if any, or permitting the data subject to copy the records;
(5) upon request, certifying that a copy of a
				record is a true copy; or
(6)
				certifying, upon request, that:
(i) the
				department does not have possession of the record sought;
(ii) the department cannot locate the record
				sought 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 department.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.3 - Custodians

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				superintendent of a correctional facility shall be the custodian of all
				departmental records located at the facility unless otherwise specified herein.
				As custodian he is a deputy privacy compliance officer for purposes of this
				Part.
(b) The director of human
				resources is the custodian of all records maintained by staff members of the
				bureau of personnel.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.4 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				request is made in person, or when records are made available in person
				following a request made by mail, the department may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the department, a photograph or similar information that confirms
				that the record sought pertains to the data subject.
(b) When a request is made by mail, the
				department 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 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.5 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				be made available at the main office of the department, which is located at
				Building 2, State Campus, Albany, NY 12226.
(b) Whenever practicable, records shall be
				made available at a regional office most convenient to a data
				subject.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.6 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall accept requests for records and produce
				  records during regular business hours, which are 8:30 a.m. to 5:00 p.m., Monday
				  through Friday, at Building 2, State Campus, Albany, NY 12226; and 8:30 a.m. to
				  3:00 p.m., Monday through Friday, at a correctional facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.7 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests shall be made in writing, except that the department may make records
				available upon an oral request made in person after the applicant has
				demonstrated proof of identity.
(b)
				A request shall reasonably describe the record sought. Whenever possible, the
				data subject should supply identifying information that assists the department
				in locating the record sought.
(c)
				Requests based upon categories of information described in a notice of a system
				of records or a privacy impact statement shall be deemed to reasonably describe
				the record sought.
(d) Within five
				business days of the receipt of a request, the agency shall provide access to
				the record, deny access in writing, explaining the reasons therefor, or
				acknowledge the receipt of the request in writing, stating the approximate date
				when the request will be granted or denied, which date shall not exceed 30 days
				from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.8 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject for
				  correction or amendment of a record or personal information that is reasonably
				  described and that pertains to the data subject, the department shall:
(a) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed pursuant to paragraph
				(d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject, in writing, of
				its refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.9 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of a request for a record or amendment or correction of a record or personal
				information:
(1) shall be in writing,
				explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				may be directed.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.10 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or personal information pursuant to this section may,
				within 30 business days of such denial, appeal to the Counsel of the Department
				of Correctional Services.
(b) The
				time for deciding an appeal shall commence upon receipt of an appeal that
				identifies:
(1) the date and location of a
				request for a record or amendment or correction of a record or personal
				information;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.11 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination rendered pursuant to the appeal shall inform the data subject of
				the right to:
(1) file with the department a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determination;
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
				of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.12 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 6 - Access To Records Subject To The Personal Privacy Protection Law › Section 6.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility and the intent of the Department of
				  Correctional Services (the department) to adopt regulations to fully comply
				  with the provisions of Public Health Law, article 27-F. All department staff
				  should be aware that there are statutory penalties for the violation of Public
				  Health Law article 27-F, including criminal misdemeanor penalties and/or civil
				  penalties up to $5,000 for each violation. A violation of Public Health Law
				  article 27-F or of this Part may result in departmental
				  discipline.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.3 - Antidiscrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				policy of the department that the department and its officers, employees and
				agents shall not discriminate against any individual by virtue of his or her
				being identified or suspected of being identified as having AIDS, HIV
				infection, or HIV-related illness.
(b) The policy set forth in subdivision (a)
				of this section shall not be construed to prevent differential treatment of
				inmates on account of HIV status or current medical condition, provided that
				such differential treatment is necessary in order to provide adequate and
				appropriate medical treatment and services for individuals identified, or
				suspected of being identified, as having AIDS, HIV infection or HIV-related
				illness, or in order to protect the health and safety of such individuals,
				where it has been determined that there is a significant risk to the health and
				safety of the individual or another person, by virtue of the individual's HIV
				status or medical condition.
(c)
				The department shall ensure that its authorized officers, employees and agents
				are aware of the department's policy as set forth in this section. All
				officers, employees and agents of the department shall act in a manner
				consistent with this policy.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.4 - Hiv-related testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as noted in subdivision (b) of this section, no physician or other person
				authorized pursuant to law may order an HIV-related test without first
				obtaining written informed consent.
(1)
				Informed consent shall include providing pre-test counseling to the person to
				be tested or, if such person lacks capacity to consent, to the person lawfully
				authorized to consent to health care for such person. Pre-test counseling shall
				include:
(i) explanations regarding the
				nature of HIV infection and HIV-related illness, an explanation of the
				HIV-related test, including a description of the procedure to be followed,
				meaning of the test result, and the benefits of taking the test, including
				early diagnosis and medical intervention;
(ii) information regarding discrimination
				problems which might occur as a result of unauthorized disclosure of
				HIV-related information and legal protections prohibiting such
				disclosures;
(iii) information on
				preventing exposure or transmission of HIV infection, including behavior which
				poses a risk of HIV transmission;
(iv) an explanation that the test is
				voluntary, that consent may be withdrawn at any time and information on the
				availability of anonymous HIV testing, including the location and telephone
				numbers of anonymous test sites and that anonymous testing is not available in
				the facilities;
(v) written
				informed consent must be executed on form HS-1.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.6 - Documentation of hiv-related information and disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Confidential HIV-related information
				shall be recorded in the inmate's medical record such that it is readily
				accessible to provide proper care and treatment.
(1) If the protected individual specifically
				requests, on a prospective basis, the results of the HIV antibody testing shall
				not be placed in the individual's medical record.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.7 - Contact notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				physician employed by the department or rendering professional services at the
				request of the department or facility of the department may disclose
				HIV-related information, without the protected person's consent, to a contact
				or to a public health officer when:
(1) the
				physician reasonably believes disclosure is medically appropriate and a
				significant risk of infection exists; and
(2) the protected person has been counseled
				to notify his/her contacts and the physician reasonably believes the protected
				person will not inform the contacts.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.8 - Records control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Deputy Commissioner/Director of Correctional Medical Standards shall develop
				and implement policies and procedures for persons authorized to obtain
				confidential HIV-related information pursuant to section
				7.5(b)(3) through
				(8)  inclusive of this Part to ensure that
				records are maintained securely, including records which are electronically
				stored, and used for the purpose intended.
(b) The Deputy Commissioner/Director of
				Correctional Medical Standards shall develop and implement procedures for
				handling requests by other parties for confidential HIV-related
				information.
(c) No employee or
				agent of the department who has access to confidential HIV-related information
				shall disclose such information to any other person unless such person also has
				access to confidential HIV-related information as described in section
				7.5(b) 
				of this Part.
(d) Each employee who
				is given authorized access to the health records of an identified person that
				includes confidential HIV-related information shall:
(1) be advised in writing by the supervisor
				that the employee shall not:
(i) examine
				documents or computer data containing such HIV-related information unless
				required to do so in the course of his/her official duties and
				responsibilities;
(ii) remove or
				copy any such documents or computer data unless he or she is acting within the
				scope of his or her assigned duties;
(iii) discuss the content of any such
				documents or computer data with any person unless that person is authorized to
				have access to such documents or data.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.9 - Significant risk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The three
				factors necessary to create a significant risk of contracting or transmitting
				HIV infection are:
(1) the presence of a
				significant risk body substance;
(2) a circumstance which constitutes
				significant risk for transmitting or contracting HIV infection; and
(3) the presence of an infectious source and
				a noninfected person.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.10 - Training and protection of persons who may be in contact with the human immunodeficiency virus (hiv)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department will seek to protect individuals in contact with protected
				individuals, when such contact creates a significant risk of contracting or
				transmitting HIV infection.
(b) The
				following procedures will be adopted to protect employees:
(1) Employees will be instructed to use
				universal precautions and infection control equipment in accordance with the
				Centers for Disease Control in situations where there is actual or potential
				contact with significant risk body substances as defined in section
				7.9(b) 
				of this Part.
(2) Employees shall
				use generally accepted preventive practices during job-related activities which
				involve the use of contaminated instruments or equipment which may cause
				puncture injuries.
(3) Employees
				shall receive education at the time of employment and appropriate intervals
				thereafter on the use of protective equipment, preventive practices, and
				circumstances which represent a significant risk for all employees whose
				job-related tasks involve, or may involve, exposure to significant risk body
				substances.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 8 - Release Of Information To Inmate Families And The News Media › Section 8.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Members of an inmate's immediate family and the news media
				  generally have no special legal right of access to information regarding an
				  inmate. Nevertheless, the department seeks to be responsive to legitimate
				  inquiries from inmate families and the news media without compromising the
				  safety, security and good order of correctional facilities and applicable
				  law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 8 - Release Of Information To Inmate Families And The News Media › Section 8.2 - Immediate family members

Current through Register Vol. 46, No. 28, July 10, 2024
The immediate family of an inmate shall be entitled to the
				  following information without authorization from the inmate: correctional
				  facility in which confined, general state of health, date of death, general
				  circumstances relating to the occurrence of death, and departmental actions
				  regarding release and confinement. Additional information on an inmate injury
				  or death that is subject of a pending investigation shall only be released upon
				  approval of department counsel.