reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 724 - Packages And Articles Sent Or Brought To Institutions › Section 724.1 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the policy of the department concerning
				  packages and articles sent or brought to facilities and received through
				  facility package rooms.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 724 - Packages And Articles Sent Or Brought To Institutions › Section 724.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all incarcerated individuals except for
				  those:
(a) assigned to a special housing unit or in
				  special housing status (see Chapter VI of this Title);
(b) in reception or in-transit status;
				  or
(c) housed in a shock incarceration
				  facility, drug treatment campus, alcohol and substance abuse treatment or work
				  release facility except as may be specifically authorized and limited by the deputy
				  commissioner for correctional facilities.
(b) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 724 - Packages And Articles Sent Or Brought To Institutions › Section 724.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The commissioner may, at his discretion,
				suspend all or any portion of this Part at any or all facilities.
(2) No changes shall be made in the application of
				the provisions of this Part without the expressed authorization of the Deputy
				Commissioner for Correctional Facilities.
(3) Articles received in a package must comply
				with departmental directives concerning packages and personal property limits.
				Articles received that are not for the incarcerated individual's personal use, which
				cause the recipient to exceed the number of allowable packages, weight limits, or
				in-cell limits, or which otherwise violate departmental directives will not be
				allowed and will be disposed of in accordance with departmental directives. When an
				incarcerated individual signs for a package, the individual will attest that the
				articles are only for personal use and that receipt will not cause the incarcerated
				individual to exceed personal property limits. If an incarcerated individual refuses
				to sign for a package, it will be disposed of in accordance with the departmental
				directive on personal property limits.
(4) The department is not responsible for articles
				damaged in shipping or received in spoiled condition. Spoiled food articles or items
				which are contaminated or in broken or leaking containers are considered a health
				risk and will be destroyed by the facility. Such destruction will be recorded on the
				incarcerated individual's package records.
(5) Repealed
(6) Repealed
(8) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 724 - Packages And Articles Sent Or Brought To Institutions › Section 724.4 - Local permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certain articles cannot be approved
				department-wide because of programmatic and physical plant characteristics of
				individual facilities. In order that those locations which can accommodate special
				articles are not governed by those which cannot, each facility shall consider the
				issuance of "local permits" in accordance with departmental directives.
(1) Repealed
(2) Repealed
(3) Repealed
(4) Repealed
(5) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 724 - Packages And Articles Sent Or Brought To Institutions › Section 724.5 - Listing of approved items

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall maintain a departmental
				directive concerning the receipt of packages, including a detailed listing of items
				approved for receipt by incarcerated individuals through facility package rooms, and
				policy for the disposal of disallowed packages and items, whichshall be available to
				incarcerated individuals in all facility libraries, posted in all facility package
				rooms and visiting rooms, and posted on the department's website.
(b) Repealed
(c) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1000 - Central Monitoring Case Designation Process › Section 1000.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
To ensure that any inmate identified as a central monitoring
				  case (CMC) is reviewed and approved by central office staff prior to transfer
				  to another facility or assignment to any program of temporary release or in
				  connection with consideration for release pursuant to articles 24 and 26 of the
				  New York State Correction Law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1000 - Central Monitoring Case Designation Process › Section 1000.2 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
Certain inmates, because of the nature of their crime, status
				  or behavior, require special evaluation and tracking of their movement through
				  the correctional system. The (CMC) process is a comprehensive internal
				  management system that provides a discretionary means for the department to
				  identify certain inmates for special evaluation and tracking purposes based
				  upon a standardized set of criteria and identification
				  procedures.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1000 - Central Monitoring Case Designation Process › Section 1000.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				shall adopt internal procedures for the classification, tracking and movement
				of inmates designated as central monitoring cases. Such procedures shall
				describe:
(1) the classification process,
				which shall include:
(i) identification of
				qualifying inmates;
(ii)
				designation criteria;
(iii)
				referral for designation;
(iv)
				designation; and
(v) review
				procedures;
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1000 - Central Monitoring Case Designation Process › Section 1000.4 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with Correction Law section 112, the
				  commissioner reserves the right to expeditiously revise and/or amend CMC
				  procedures as deemed necessary in the best interests of public safety, and the
				  safe, secure, and orderly operation of all department correctional
				  facilities.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1010 - Contraband Drugs › Section 1010.2 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation outlines the procedures to be followed by
				  each facility in the testing of suspected contraband drugs. The department
				  currently utilizes two testing systems, the Safariland NIK® poly testing
				  system, and the Sirchie NARK® II drug testing system.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1010 - Contraband Drugs › Section 1010.3 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
The possession by anyone of contraband drugs presents a
				  serious threat to the safety and security of a correctional facility. The
				  importation of and trafficking in contraband drugs provides an opportunity for
				  the demoralization of inmates and the corruption of correctional staff. The
				  accurate identification of suspected contraband drugs and the use of
				  appropriate disciplinary sanctions for the possession of contraband drugs can
				  assist facility administrators in detecting and suppressing this
				  threat.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1010 - Contraband Drugs › Section 1010.4 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
When a substance is found which is suspected of being a
				  contraband drug, the following steps shall be taken.
(a) Place the substance in a sealed container
				and label it with the following information:
(1) date and time found;
(2) place where found; and
(3) name and badge number of the officer,
				security supervisor, executive team member with peace officer status or name
				and title of the employee (if civilian) finding the substance.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1010 - Contraband Drugs › Section 1010.5 - Use of results

Current through Register Vol. 46, No. 28, July 10, 2024
In a subsequent disciplinary hearing, the positive result of
				  a test of suspected contraband drugs may be used as evidence that the suspected
				  substance is what the test result indicates. In addition to the misbehavior
				  report, the inmate shall be served with the following documents and the record
				  of the hearing must include:
(a) the
				request for test of suspected contraband drugs form, see section
				1010.8(a) 
				of this Part;
(b) the contraband
				test procedure form, see section
				1010.8(b) 
				of this Part;
(c) the test report
				prepared by an outside agency subsequent to testing of the substance; if
				any;
(d) a statement of the
				scientific principals and validity of the testing materials and procedures used
				(for the Public Safety, Inc. NIK® System, see section
				1010.8  of this Part ' for
				the NARK® II system, see section 1010.89(d); and
(e) a photocopy of the individual test
				instructions for each test used.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1010 - Contraband Drugs › Section 1010.6 - Leftover drug substances

Current through Register Vol. 46, No. 28, July 10, 2024
Substances remaining after testing and/or disciplinary
				  proceedings should be disposed of in accordance with NYSDOCS Departmental
				  Directive #4910A, "Contraband/Evidence-Handling, Storage, and
				  Disposition."
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1010 - Contraband Drugs › Section 1010.7 - Positive test reporting

Current through Register Vol. 46, No. 28, July 10, 2024
A positive test for suspected contraband drugs must be
				  reported as an Unusual Incident in accordance with Directive #4004, "Unusual
				  Incident Report," when any one of the following conditions apply:- A positive
				  test result for cocaine, heroin, or marijuana, even if no perpetrator is
				  identified.- Any positive test result in which an inmate has been identified as
				  a perpetrator of the incident.- Any positive test result which results in the
				  arrest of any individual,
i.e.
, visitor, volunteer,
				  contractor, employee, etc., by the department's Office of Special
				  Investigations or any outside police agency.
Note:
If the substance is tested by an outside agency, the Unusual
				  Incident Report will be updated with the test results from an outside agency
				  when the report is received by the facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Urinalysis test procedures shall be used to verify whether or
				  not an inmate has used drugs and may be used to verify whether or not an inmate
				  has used alcohol.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.2 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation outlines the procedures to be followed by
				  each facility in the administration of inmate urinalysis
				  testing.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.3 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
The use by inmates of illicit drugs and alcohol presents a
				  serious threat to the safety and security of a correctional facility.
				  Urinalysis testing of inmates can be an effective means by which to detect and
				  discipline inmate use of illicit drugs or alcohol. Aggressive and consistent
				  urinalysis testing will be one of many components of a program to ensure a drug
				  free environment within the department's facilities.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.4 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Urinalysis testing of inmates shall be conducted as set forth
				  below:
(a) Reasons for testing:
(1) when correctional staff has reason to
				believe the inmate has used drugs or alcohol and/or the inmate is alleged to
				have been involved in an act of violent misconduct;
(2) when the inmate is found to be in
				possession of suspected illicit drugs or alcohol or associated paraphernalia or
				when suspected illicit drugs or alcohol or associated paraphernalia are
				detected or found in an area controlled, occupied or inhabited by the
				inmate;
(3) when the inmate is
				observed to be in possession of or using illicit drugs or alcohol, but
				correctional staff are unable to obtain a sample of the substance;
(4) when correctional staff receives
				information from a source that the inmate is currently under the influence of
				or has recently used illicit drugs or alcohol;
(5) when an inmate returns late from, or on a
				random or routine basis when the inmate returns from:
(i) a furlough, work release or other
				temporary release program;
(ii)
				community services; or
(iii) an
				outside work detail;
(6)
				prior to and after an inmate participates in a family reunion
				program;
(7) as part of a
				computer-generated program for random testing of all inmates;
(8) as part of a computer-generated program
				for random testing of inmates who have been found guilty of drug or alcohol
				related misconduct in the previous two-year period; and
(9) a watch commander or higher authority may
				also order inmates to be tested as part of random urinalysis testing program on
				any identifiable unit of the facility, or on any identifiable program area, or
				on any identifiable group of inmates. A random urinalysis testing program shall
				not be used for the purpose of harassing or intimidating any inmate.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.5 - Use of results

Current through Register Vol. 46, No. 28, July 10, 2024
In a subsequent disciplinary proceeding:
(a) Positive test results. A positive
				urinalysis result may be used as evidence of the illicit use by the inmate of
				the drug or alcohol indicated by the result. The record of the disciplinary
				proceeding must include the request for urinalysis test form and:
(1) the urinalysis procedure forms, any
				printed documents produced by the urinalysis testing apparatus, and the
				appropriate statement of the scientific principles and validity of the testing
				apparatus if the facility has urinalysis testing apparatus; or
(2) the report of the testing laboratory or
				facility, a copy of the methods and procedures used by the testing laboratory
				or facility, and a statement of the scientific principles and validity of the
				testing apparatus used by the laboratory or facility if a laboratory or another
				facility is used.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.6 - Statistical data

Current through Register Vol. 46, No. 28, July 10, 2024
All results obtained in the course of urinalysis testing
				  shall be entered on the computerized drug testing system.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter IX - Institutional Security › Part 1020 - Urinalysis Testing › Section 1020.7 - Required participation in proficiency testing

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall enroll in the Urine Toxicology Proficiency
				  Testing Service of the American Association of Bioanalysts, 205 West Levee,
				  Brownsville, TX 78520.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
There is a need to provide a procedure by which inmates may
				  file claims to recover the value of personal property which has been lost,
				  damaged or destroyed while they have been under custody of the
				  department.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.2 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				department policy to pay legitimate claims promptly and in reasonable amounts;
				to expeditiously reject claims that are without merit; and to use claims as a
				management tool to identify problem areas, and take corrective action. Claims
				may originate from:
(1) acts of other
				inmates; or
(2) improper acts or
				omissions of department employees or agents.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.3 - Claim review process

Current through Register Vol. 46, No. 28, July 10, 2024
The department has a two-tier system of administrative review
				  for inmate personal property claims.
(a) Initial review. All inmate personal
				property claims shall be filed with and reviewed by the deputy superintendent
				for administration or functional equivalent, or by a claims reviewer designated
				by the head of the facility.
(1) The reviewer
				is responsible for insuring that the claim is processed pursuant to the
				provisions of this Part and department directive 2733.
(2) The reviewer shall make the initial
				decision to approve or deny the claim and will advise the inmate
				accordingly.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.4 - Timeframes

Current through Register Vol. 46, No. 28, July 10, 2024
An inmate must report a loss orally or in writing as soon as
				  possible after its discovery. The report shall be made to the inmate's block
				  officer, area sergeant, or other area supervisor and noted in the area log
				  book.
(a) Within five days. An inmate
				must file an "inmate claim form" (form 1421) within five days after discovery
				of the loss with the deputy superintendent for administration or his designee.
				This timeframe should be interpreted with some flexibility. There may be
				extenuating circumstances which would excuse late filing.
(b) Initial review. The initial review shall
				be completed within 15 working days of receipt of the claim by the
				reviewer.
(c) Decision. A claim
				should be disposed within three months.
(d) Appeal. An inmate must file a claim
				appeal within five working days after initial disapproval of the claim. Failure
				to file within this time frame will result in the case being closed. The appeal
				should be reviewed within 15 working days of receipt by the reviewer.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.5 - Claim processing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility in which the inmate is
				housed at the time the claim is filed is responsible for investigating and
				processing an inmate claim.
(b) If
				an inmate is transferred, the facility in which the loss occurred must
				cooperate with the processing facility and provide investigative assistance as
				requested.
(c) Claim limits. The
				limits on inmate claims are as follows:
(1)
				Actions of another inmate. The amount paid on a claim for personal property
				damaged or destroyed by another inmate of a department facility shall not
				exceed $350 (State Finance Law, section
				8 [12]).
(2) Tort of officer or employee. The amount
				paid on a claim for loss, damage or destruction of personal property caused by
				the tort of a department officer or employee while acting as such officer or
				employee shall not exceed $5,000 (State Finance Law, section
				8 [12-a]).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.6 - General principles

Current through Register Vol. 46, No. 28, July 10, 2024
The following principles must be applied to the claim review
				  process:
(a) Requirements. In order to
				approve payment of a claim for the loss, damage or destruction of an inmate's
				personal property, the reviewer must determine:
(1) that the inmate has made a timely
				claim;
(2) that the inmate has
				satisfactorily proved ownership or authorized possession of some or all of the
				property;
(3) that the department
				or its agents have been negligent and that such negligence caused the loss of
				some or all of the property;
(4)
				whether or not the inmate contributed to the loss of the property;
				and
(5) what is the proper amount
				to be paid.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.7 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Property
				last in control of the inmate.
When property was last in the control of the inmate, there is
				  no presumption that its unexplained loss is the fault of the department or its
				  agents, without further showing that the loss was caused by the negligence of
				  the department or its agents. The department's staff would be negligent if it
				  failed to carry out in an acceptable way its responsibility to take reasonable
				  steps to protect the inmate's property. Examples of negligence by the
				  department or its agents include, among other things:
(1) failure to follow required procedures
				which failure permits another person to steal, damage or destroy an inmate's
				property; or
(2) negligently
				creating a flood, fire or other accident which causes a loss.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.8 - Payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Valuation and
				proper amount to be paid. The value of lost or destroyed property shall be a
				reasonable level of compensation, considering the age, condition, original cost
				and market value of the lost item(s). For damaged property, the value is the
				lower of: the cost to repair or restore the property to its condition at the
				time of loss; or the cost to replace the property considering its age and
				condition.
(1) The proper amount to be paid
				shall be no more than the reasonable value of the property.
(2) If the value of an item which the inmate
				was permitted to possess exceeds the limitations contained in department
				directives 4911, 4912, or 4913, then the proper amount to be paid for that item
				is no more than the amount of the applicable limitation. If the lost or damaged
				item was in the department's control because the inmate was not permitted to
				possess it, then the amount to be paid for the loss of the item may exceed the
				limitations of the directives.
(3)
				Items of sentimental or artistic value. It is not possible to evaluate the
				"sentimental value" of items such as personal photographs, writings, mementos,
				or the "artistic value" of personal artwork or handicrafts. Such items can only
				be evaluated for their intrinsic value unless there is some proof of actual
				market value such as an appraisal of a painting.
(4) Lost legal papers often have no value. If
				records in a criminal case are lost when there is no further right of appeal
				and no further use for them, then the records have no more than "sentimental
				value," that is, no value. If the lost legal papers can still be used, for
				example, in a pending or future legal proceeding, then the loss may be
				compensated by either replacing the papers or paying the reasonable cost to
				reproduce them. If an inmate can obtain replacement copies for no cost, then
				the lost papers have no value. If an inmate claims that there is a cost to
				reproduce the lost papers, then the inmate should produce an estimate for the
				cost to reproduce the lost papers, which normally should not exceed the cost
				shown in the bill for the original papers.
(5) All claims submitted which refer to
				artwork created by an inmate will be reimbursed only for the cost equal to the
				materials required to create the artwork.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.9 - Investigation report

Current through Register Vol. 46, No. 28, July 10, 2024
The object of the claims investigation shall be an impartial
				  and thorough determination of facts. The investigator shall complete the "claim
				  investigation report" (form 1422) and:
(a) thoroughly and impartially examine the
				inmate's assertions;
(b) determine
				whether the inmate's statements are wholly or partially supported by any other
				evidence;
(c) question all persons
				who could reasonably have information pertinent to the determination of facts
				including facility staff, inmate claimant, other inmates, visitors, any
				witnesses, and any other persons who might have any information germane to the
				investigation. Signed and dated statements should be taken from all individuals
				questioned and included in the record;
(d) determine whether the inmate secured the
				personal property appropriately and whether the inmate contributed to the loss
				in any way;
(e) determine where the
				property was at the time of loss and who was responsible for the property at
				the time, and obtain a signed statement from the individual who was responsible
				for the property to be included in the record;
(f) insure that the claim was filed in a
				timely manner;
(g) verify that the
				inmate adequately proved ownership of the property;
(h) determine the reasonable level of
				compensation;
(i) review the
				investigation report to insure its completeness (incomplete reports shall be
				returned for further information); and
(j) at the appeal stage, the lack of a
				complete investigation report is reasonable grounds for supporting the original
				claim.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1700 - Inmate Personal Property Claims › Section 1700.10 - Quarterly reports

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities are required to provide annual reports of inmate
				  property claims to the Division of Budget and Finance, Office of Inmate
				  Accounts. The annual reports will reflect the period of April 1st through March
				  31st and will be due on the 15th of April each year. Reports shall include:
				  inmate names and numbers; short descriptions of their losses; the dates of
				  those losses; the amounts of the settlements; and claim approval
				  dates.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
To provide protocols for the management of double-cell
				  housing constructed before 1996 in existing maximum and medium security
				  facilities where approval has been granted by the State Commission of
				  Correction (SCOC).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, double-cell housing shall mean a
				  maximum or medium security cell (i.e., an individual self-contained space with
				  a controlled locking device secured from inmate access) originally designated
				  to accommodate a single inmate that has been equipped to accommodate two
				  inmates and has been inspected and approved by the SCOC for conversion to
				  double-cell use.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.3 - Cell selection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner or deputy commissioner for correctional facilities shall establish
				the specific number of proposed double-cells within a correctional
				facility.
(b) The superintendent
				shall designate specific cells within the facility for proposed conversion to
				double-cell housing. Such cells should be distributed as evenly as possible
				between cell tiers in general population and located as close to an officer's
				station as feasible. Cells within designated special housing units may not be
				considered for double-cell housing without approval from the commissioner or
				deputy commissioner for correctional facilities.
(c) Upon approval by the commissioner or
				deputy commissioner for correctional facilities, the facility double-cell
				housing plan shall be submitted for authorization to the SCOC in accordance
				with Part 762 1 of Title 9, NYCRR
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.4 - Double-cell housing equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmates assigned to double-cell housing
				shall be afforded all rights and privileges specified in Part 1704 of this
				Title, except that the equipment provided in a double-cell shall be in
				accordance with this section.
(b)
				Each double-cell shall contain:
(1) lighting
				equal to at least 20 foot candles at desk level and in the personal grooming
				area (each cell will be equipped with one permanent light fixture and, if
				electrical capacity permits, one clip-on light for the bottom bunk
				bed);
(2) one sink;
(3) one toilet;
(4) one bed, mattress and pillow for each
				inmate;
(5) one locker for each
				inmate;
(6) one audio signal
				"splitter" for those cells equipped with a functioning audio outlet;
				and
(7) one bar of antibacterial
				soap for each inmate, in addition to personal hygiene items and flatwork
				normally provided.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.5 - Selection of inmates for double-cell housing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Responsibility.
The deputy superintendent for security shall be responsible
				  for the selection of inmates for double-cell housing. The deputy superintendent
				  for security or designee shall conduct a risk assessment using t he
				  eligibility, suitability and compatibility criteria set forth in subdivisions
				  (b), (c) and (d) of this section.
(b) Eligible population. In determining which
				inmates shall be considered for assignment to double-cell housing, the facility
				shall first consider those inmates newly transferred into the facility;
				provided, however:
(1) an inmate temporarily
				moved to attend an outside court, a death bed/funeral visit or to receive
				outside medical/psychiatric treatment may not be assigned to double-cell
				housing upon return to the facility, unless the inmate was assigned to
				double-cell housing prior to such move; or
(2) a general population inmate transferred
				for non-disciplinary reasons may not be assigned to double-cell housing in
				general confinement at the receiving facility, if the inmate meets all of the
				following criteria:
(i) the inmate has been
				with the department for at least two years following initial
				reception/classification and transfer to a permanent facility;
(ii) the inmate has had no Tier II or III
				disciplinary determinations of guilt within the last two years; and
(iii) the inmate has not volunteered for
				double-cell housing (a transfer sought by an inmate may be conditioned upon the
				inmate volunteering to be housed in a double-cell at the receiving facility).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.6 - Personal property

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Inmates will be responsible for proper storage of property and the neat and
				orderly appearance of their individual cell space.
(b) Double-cell property limit. Personal
				property possessed by each inmate in a double-cell shall be limited to the
				amount of property that will fit in three standard draft bags (including legal
				material). Personal property shall be stored in the individual locker. Any
				property beyond what can be stored in the individual locker may be stored in
				two draft bags provided by the department for storage of property. The floor
				space under the bottom bunk bed may be used by both inmates for storage of
				property. Of the total available space under the bottom bed, the half closest
				to the cell door will be utilized by the inmate assigned to the bottom bunk.
				The remaining space may be utilized by the inmate assigned to the top
				bunk.
(c) Secure area storage.
In addition to the property inmates may store in a
				  double-cell, each inmate may elect to store up to two standard draft bags of
				  personal property in a secure area designated by the superintendent for th e
				  duration of his or her double-cell assignment. Form #2064 will be utilized to
				  inventory all stored property. Upon written request, the inmate will be given
				  access to such stored property once every 30 days to withdraw or store items.
(d) Inmate personal
				property beyond the amount permitted in the cell and the two bags held in
				storage, will be disposed of pursuant to the department's established procedure
				regarding the disposal of surplus or disallowed property.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.7 - Movement of inmates after selection for double-cell housing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No inmate may
				refuse placement in double-cell housing.
(b) The movement of inmates out of
				double-cell housing shall be the responsibility of the deputy superintendent
				for security.
(c) The movement of
				an inmate out of double-cell housing shall be based upon the length of time in
				double-cell housing, the needs of the facility, and the inmate's medical needs,
				program and work assignments.
(d)
				No inmate shall be confined in a double-cell for a period of more than 60 days
				unless such inmate volunteers to remain in the double-cell for a longer period
				of time. At the expiration of the 60 days, if an inmate does not volunteer to
				remain in a double-cell, the inmate shall be moved to a single-cell or multiple
				occupancy housing at either his or her current facility or a new facility.
(e) Inmates in double-cell housing
				will be specifically assigned to either the upper or lower bunk and may not
				change such assignment without the approval of the deputy superintendent for
				security or designee. If the lower bunk was assigned for medical reasons, the
				deputy superintendent for security or designee shall consult with medical staff
				before any change.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.8 - Restrictive confinement of inmates assigned to double-cell housing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except for
				inmates housed in double-cells measuring a total of 80 square feet or larger,
				every effort shall be made to avoid simultaneous occupancy of a double-cell by
				inmates who have been confined to cell pursuant to section
				253.7
				or
				254.7 
				of this Title.
(b) Where
				double-cells measure less than a total of 80 square feet, the facility watch
				commander shall be immediately notified if any inmate housed therein has been
				confined to a cell pursuant to section
				253.7
				or
				254.7 
				of this Title. To avoid two inmates being simultaneously confined for an
				extended period, the watch commander shall, within seven days, order one of the
				inmates moved to another double-cell or to other housing as deemed
				appropriate.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1701 - Double-cell Housing In Existing Correctional Facilities › Section 1701.9 - Forms

Current through Register Vol. 46, No. 28, July 10, 2024
Form #3117
STATE OF NEW YORK - DEPARTMENT OF CORRECTIONAL
				  SERVICES
SCREENING AND PHYSICAL ASSESSMENT FOR PLACEMENT IN A
				  DOUBLE-CELL
D.I.N.____ NAME: ________
I.
Medical Record Screening
				Review
A. Has the person been
				diagnosed to have any of the following communicable illnesses that are
				currently contagious?
[] Amebiasis
[] Diptheria
[] Lymphogranuloma
[] Rubella
[] Chancroid
[] E. coli 0157:H7
venereum
[] Salmonellosis
[] Chickenpox/Herpes
[] Encephalitis
[] Measles
[] Shigellosis
Zoster
[] Giardiasis
[] Meningitis
[] Syphilis
[] Chlamydia trachomatis
[] Gonococcal Infection
[] Meningococcemia
[] Tuberculosis
[] Cholera
[] Hepatitis
[] Mumps
[] Typhoid
[] Crytosporidiosis
[] Pertussis
[] Yersiniosis
[] Plague
B.
				Has the person been noted to currently have symptoms that indicate an acute
				illness which could be contagious at this time? [] No [] Yes If so, please
				specify these symptoms:
C. Are
				there known medical contraindications to him being placed in a double-cell?
				(
e.g.,
any conditions noted in I-A or B above or chronic
				debilitating disease, skin lesions, open sores, cardiac condition-stage 4) []
				No [] Yes (single-cell)
D. Are
				there any known medical indications requiring him or her to be placed in a
				bottom bunk bed? (
e.g.,
medically documented - back problems
				{through radiologic or surgical physician review}, medication for seizure
				disorder, diabetes/insulin dependent, age over 60 years, permanent physical
				disability {
e.g.,
amputee, rheumatoid arthritis}, diagnosis of
				sleep apnea, current acute injury or serious medical conditions
				{
e.g.,
fractures, recent MI, advanced arthritis}) [] No [] Yes
				(bottom bunk)
..
Report answers to C. and
..
D. to
				  the DSS or
..
designee
				  immediately.
................................................................................
Signed: ________ Date: ______
................................................................................................................................................................
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.1 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
				designed to describe the minimum standards with regard to those items necessary
				for an inmate's cleanliness, health and morale.
(b) Personal and frequent inspection by the
				superintendent and daily supervision by assigned staff shall be carried out to
				insure compliance with these standards.
(c) This Part is not intended to cover
				special housing units; see Part 302 of this Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.2 - Cell equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				section does not apply to double-cell housing in converted single cells; see
				Part 1701 of this Title.
(b) The
				following items shall be provided:
(1)
				lighting equal to at least 20 foot-candles at desk level and in the personal
				grooming area;
(2)
				washstand;
(3) toilet;
				and
(4) bed, mattress and pillow
				(for each inmate).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.3 - Multiple occupancy housing unit equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this Part, a multiple
				occupancy housing unit shall mean an inmate housing unit which is designed to
				accommodate three or more inmates.
(b) The following items shall be provided in
				multiple occupancy cells:
(1) lighting equal
				to at least 20 foot-candles at desk level and in the personal grooming
				area;
(2) at least one functional
				toilet for every 12 inmates, provided that urinals may be made available in
				lieu of one half of the toilets required under this section in male
				facilities;
(3) at least one
				functioning sink for every 12 inmates;
(4) at least one functioning shower for every
				15 inmates;
Note: Paragraphs (2)-(4) of this subdivision, do not apply to
				  units constructed prior to September 19, 1990, provided they contain sufficient
				  showers, toilets, and sinks to assure the personal hygiene of inmates in such
				  units.
(5) a bed, mattress
				and pillow for each inmate; and
(6)
				a safe storage area.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.4 - Flatwork

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				items shall be provided for each inmate:
(1)
				pillow case;
(2) two
				sheets;
(3) blanket;
(4) bath towel; and
(5) washcloth.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.5 - Personal hygiene items

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The following shall be provided or, where specified below, made available to
				each inmate at time of reception:
(1) bar of
				soap;
(2) toothbrush;
(3) toothpaste;
(4) disposable razor (this item may be made
				available as needed; to be returned when the shave is completed);
(5) drinking cup;
(6) roll of toilet paper;
(7) comb of nonhazardous design and material;
				and
(8) sanitary napkins for female
				inmates.