New York regulations

Title 9 Part 7031

Executive Department

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5 sections1 source-only entry

Compiled text through Mar 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 7031.1 - Policy

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Each prisoner confined in a local correctional facility is entitled to legal services for purposes of:
(1)legal preparation with respect to any civil or criminal action or proceeding; and
(2)except as otherwise provided in subdivision (d) of this section, legal preparation with respect to any other matter, including but not limited to:
(i)disciplinary charges; and
(ii)complaints or grievances.
(b)As used in this Subtitle, legal services shall include access to:
(1)legal counsel;
(2)legal reference materials and supplies;
(3)a notary public; and
(4)other legal assistance.
(c)As used in this Subtitle, the term legal counsel shall mean:
(1)any attorney authorized to practice law in New York State or in any jurisdiction where a prisoner has a legal action, proceeding or other legal matter pending; and
(2)a law student, law clerk, or paralegal acting under the supervision of and with the written authorization of an attorney who meets the requirements of paragraph (1) of this subdivision.
(d)Except as otherwise provided in Part 7006 of this Subtitle, in the discretion of the chief administrative officer, prisoners may be entitled to representation by legal counsel at disciplinary proceedings, or other facility decision-making processes.
(e)Legal counsel to which prisoners are entitled or permitted pursuant to the provisions of this Part need not be provided at facility expense.

9 NYCRR 7031.2 - Access to legal counsel

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
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Source snapshot
Jun 6, 2026
(a)Consistent with the requirements of this Part, all prisoners shall have access to legal counsel. Such access shall include telephone communications and visits between prisoners and their legal counsel at times not unduly disruptive of facility routine.
(b)Visits or telephone communications between prisoners and their legal counsel shall not be monitored except visually.
(c)Visits or telephone communications between prisoners and their legal counsel shall not be considered compliance with or satisfaction of any:
(1)visitation a prisoner is entitled to pursuant to Part 7008 of this Subtitle or other applicable provisions of law; or
(2)telephone calls a prisoner may be entitled to pursuant to the provisions of any other part of this Subtitle or other applicable provisions of law.
(d)All prisoners shall be entitled to make that number of completed telephone calls necessary to contact and retain legal counsel. Indigent prisoners shall be entitled to make such calls at facility expense.
(e)Except as otherwise provided by law, long distance telephone calls for the purpose of retaining or consulting with legal counsel shall be made collect, except that, in the discretion of the chief administrative officer, arrangements may be made to permit prisoners to bear the cost of such calls or to allow such calls to be made at facility expense.

9 NYCRR 7031.3 - Mutual prisoner legal assistance

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Prisoners shall be permitted to meet for the purpose of discussing and preparing legal matters at times not unduly disruptive of facility routine. The chief administrative officer may establish reasonable guidelines for such mutual prisoner legal assistance.
(b)No prisoner shall receive payment, benefit or consideration in any form from a prisoner for providing such prisoner legal assistance. Any prisoner found to be in violation of the provisions of this subdivision may be subject to disciplinary action.
(c)Consenting prisoners shall be allowed to exchange personal legal materials. Prior to such exchange, the chief administrative officer may require prisoners to consent in writing to the exchange of such legal materials.

9 NYCRR 7031.4 - Access to legal reference material

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Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
UDC-19-18-00003-E · Emergency rule · Apr 23, 2018
Source snapshot
Jun 6, 2026

9 NYCRR 7031.5 - Notary public

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The services of a notary public or commissioner of deeds shall be made available to prisoners within one business day after a prisoner's request for the notarization or attestation of his signature.

9 NYCRR 7031.6 - Limitation on legal services

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Except as provided in subdivision (b) of this section, a prisoner's access to legal services shall not be denied, revoked or limited solely as a result of disciplinary action, including a prisoner's:
(1)confinement in an individual housing unit for disciplinary reasons; or
(2)confinement in administrative or punitive segregation.
(b)The chief administrative officer may limit a prisoner's access to facility legal reference materials or supplies when such prisoner has been found to have intentionally damaged any such item.

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