9 NYCRR Part 7006 - Executive Department

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Source versions current through Mar 31, 2022 - Aug 10, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7006.1 - Policy and definitions

Related State Register notice: Adopted rule CMC-15-22-00007-A. Published Aug 10, 2022. Notice effective date: Aug 10, 2022.

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Register check
Source version current through: Mar 31, 2022
Related Register notice: CMC-15-22-00007-A · Adopted rule
Related notice published: Aug 10, 2022
Related notice effective date: Aug 10, 2022

Current section text is not available here.

9 NYCRR 7006.2 - Facility policies and procedures

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The chief administrative officer of each local correctional facility shall develop and implement written policies and procedures consistent with this Part.

9 NYCRR 7006.3 - Rules of inmate conduct

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The chief administrative officer of each facility shall develop written rules of inmate conduct which contain a list of all rules and regulations governing inmate behavior.

(b)The rules of inmate conduct shall include:

(1)all chargeable offenses;

(2)the range of punishments that may be imposed for each violation, consistent with the seriousness of the conduct prohibited; and

(3)a detailed description and an explanation of the facility's disciplinary procedures.

(c)Each inmate shall be provided with a copy of the rules of inmate conduct upon admission to the facility, and a copy shall also be maintained in the facility law library.

(d)Non-English speaking and illiterate inmates shall be assisted to understand the rules of inmate conduct.

9 NYCRR 7006.4 - Misbehavior reports

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)When a staff member has a reasonable belief that an inmate has committed an offense that constitutes a violation of the facility's rules of inmate conduct, and such violation is not informally resolved, such staff member shall prepare a written misbehavior report.

(b)Each misbehavior report shall include:

(1)the name(s) of the inmate(s) charged with the misconduct;

(2)the date, time and place of occurrence;

(3)a description of the incident or behavior involved and the rule(s) allegedly violated;

(4)the date and time the report is written;

(5)the reporting staff member's printed name and signature.

(c)If two or more violations are involved, all may be incorporated in a single report, separately stated. Each violation shall be disposed of separately in accordance with facility policies and procedures.

(d)If more than one inmate is involved in any incident, the facts and circumstances surrounding each inmate's involvement shall be separately stated in the misbehavior report.

(e)The inmate charged with the violation shall be issued a copy of the misbehavior report as soon as practicable, but in no event later than 24 hours prior to a hearing based upon the incident giving rise to such report.

9 NYCRR 7006.5 - Investigative processes

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)An investigation into the facts and circumstances of the incident shall be initiated if the chief administrative officer determines that the circumstances warrant such an investigation.

(b)In those cases where an investigation is deemed necessary, the investigation shall be conducted by persons who were not involved in the incident, and a completed report shall be provided to the hearing officer prior to any hearing based on the incident investigated.

9 NYCRR 7006.6 - Assistance to inmates

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)If an inmate is non-English speaking, illiterate, or for any other reason is unable to prepare a defense, assistance shall be provided to the inmate by a person designated by the chief administrative officer at least 24 hours prior to the hearing.

(b)Such assistance shall include:

(1)interviewing witnesses;

(2)obtaining evidence and/or written statements;

(3)providing assistance at the disciplinary hearing;

(4)providing assistance understanding administrative segregation decisions;

(5)providing assistance understanding the evidence relied on by the hearing officer and the reasons for action taken;

(6)providing assistance understanding the waiver of any rights provided by this Part; and

(7)providing assistance in filing an appeal as provided by this Part.

(c)The chief administrative officer may limit the number of witnesses interviewed and the evidence and/or written statements obtained where it is determined that such witnesses, evidence, and/or statements are irrelevant or redundant. Such determination shall be documented in the hearing record.

9 NYCRR 7006.7 - Earlier source heading: Administrative segregation pending a disciplinary hearing

Related State Register notice: Adopted rule CMC-15-22-00007-A. Published Aug 10, 2022. Notice effective date: Aug 10, 2022.

Source version current through Aug 10, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 10, 2022
Related Register notice: CMC-15-22-00007-A · Adopted rule
Related notice published: Aug 10, 2022
Related notice effective date: Aug 10, 2022

Current section text is not available here.

9 NYCRR 7006.8 - Earlier source heading: The disciplinary hearing

Related State Register notice: Adopted rule CMC-15-22-00007-A. Published Aug 10, 2022. Notice effective date: Aug 10, 2022.

Source version current through Aug 10, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 10, 2022
Related Register notice: CMC-15-22-00007-A · Adopted rule
Related notice published: Aug 10, 2022
Related notice effective date: Aug 10, 2022

Current section text is not available here.

9 NYCRR 7006.9 - Earlier source heading: Disciplinary sanctions

Related State Register notice: Adopted rule CMC-15-22-00007-A. Published Aug 10, 2022. Notice effective date: Aug 10, 2022.

Source version current through Aug 10, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 10, 2022
Related Register notice: CMC-15-22-00007-A · Adopted rule
Related notice published: Aug 10, 2022
Related notice effective date: Aug 10, 2022

Current section text is not available here.

9 NYCRR 7006.10 - Appeal procedures

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The inmate shall have the right to appeal the hearing officer's disposition and any sanction to the chief administrative officer. Such appeal shall be submitted in writing within two business days of the inmate's receipt of the disposition, specifying the grounds for the appeal.

(b)All appeals shall be reviewed and decided within five business days after receipt and each inmate shall be notified in writing of the results.

(c)The chief administrative officer may reduce or suspend all or part of the sanction, but not increase it.

9 NYCRR 7006.11 - Recordkeeping

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-05-19-00004-A · Adopted rule
Related notice published: Jun 5, 2019
Related notice effective date: Jun 5, 2019

(a)A disciplinary record shall be maintained by the facility which shall include the misbehavior report; the investigation report, if prepared; the formal disposition; sanctions imposed, if any; suspensions and reinstatements of such sanctions, if any; and the appeal documents.

(b)Records generated pursuant to a disciplinary hearing in which an inmate is found not guilty of charges brought against him, after either the hearing or an appeal, shall be kept confidential and shall not be considered in making decisions pertaining to the inmate's participation in programs, services, or local conditional release, or in the granting or withholding of good behavior credits.

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