9 NYCRR Part 7031 - Executive Department

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Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

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

9 NYCRR 7031.1 - Policy

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)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

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)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

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)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

Source version current through Apr 15, 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: Apr 15, 2022

(a)Consistent with the requirements of this Part, each local correctional facility shall provide prisoners access to current legal reference materials.

(b)Each local correctional facility shall provide prisoners access to:

(1)New York State Correction Law Annotated;

(2)New York State Penal Law Annotated;

(3)New York State Criminal Procedure Law Annotated;

(4)Title 9 of the Official Compilation of Codes Rules and Regulations of the State of New York Subtitle AA;

(5)a legal dictionary;

(6)form books for use in conjunction with:

(i)New York State Criminal Procedure Law;

(ii)New York State Civil Practice Law and Rules; and

(iii)title 42, sections 1981-1988, and title 18, sections 4001-4321, of the United States Code Annotated;

(7)a treatise with respect to:

(i)New York State Civil Practice Law and Rules;

(ii)New York State Penal Law;

(iii)New York State Criminal Procedure Law; and

(iv)actions commenced pursuant to title 42 of the United States Code, section 1983;

(8)a New York State case law digest, or comparable search function of an electronic legal research service, capable of retrieving relevant case law on the topic of:

(i)criminal law; and

(ii)prisoners and prisons;

(9)the United States and New York State Constitutions;

(10)a treatise on prisoner's legal rights and remedies;

(11)New York State Civil Practice Law and Rules Annotated;

(12)title 42 of the United States Code Annotated, sections 1981-1988;

(13)title 18 of the United States Code Annotated, sections 4001-4321; and

(14)a treatise on legal research.

(c)Where one or more legal reference materials set forth in subdivision (b) are not maintained within the facility, or are maintained in a manner that does not permit direct access by a prisoner, the prisoner shall be provided access to a list of such available materials, sufficiently indexed to allow for a competent request by chapter, article, section, etc. Any such resulting request shall be made in writing and shall include the:

(1)name of the requesting prisoner;

(2)date of the request;

(3)name of the facility staff member receiving the request; and

(4)material requested.

(d)Legal reference materials requested pursuant to subdivision (c) of this section shall be made available within three business days of the request. Costs attendant to printing or photocopying such materials shall not be charged to the requesting prisoner.

(e)Each local correctional facility shall additionally provide prisoners access to:

(1)United States Code Annotated;

(2)New York State Consolidated Laws;

(3)reported decisions of the Courts of New York from 1960 to date;

(4)reported decisions of Federal District Courts, Federal Circuit Courts of Appeals, and the United States Supreme Court from 1960 to date;

(5)a Federal case law digest, or comparable search function of an electronic legal research service, capable of retrieving relevant case law;

(6)a New York State case law digest, or comparable search function of an electronic legal research service, capable of retrieving relevant case law;

(7)Shepard's; and

(8)Federal and New York State legal forms.

(f)Prisoner requests for legal reference materials set forth in subdivision (e) shall be made in writing and shall include the:

(1)name of the requesting prisoner;

(2)date of the request;

(3)name of the facility staff member receiving the request; and

(4)material requested.

(g)Legal reference materials requested pursuant to subdivision (f) of this section shall be made available within three business days of the request.

(h)The chief administrative officer may require that requests made pursuant to subdivision (f) of this section include with respect to the material requested:

(1)citations;

(2)section references; or

(3)any other specific delineation of the requested portion of a legal reference volume.

(i)The chief administrative officer may comply with prisoner requests for legal reference material listed in subdivision (e) of this section by:

(1)providing specific volumes of requested legal reference material from a community library or any other source; or

(2)providing photocopies of requested portions of a legal reference volume.

(j)Legal reference material photocopied pursuant to paragraph (i)(2) of this section shall for indigent prisoners be photocopied at facility expense. The costs attendant to photocopying such material for prisoners other than indigent prisoners may, in the discretion of the chief administrative officer, be charged to such prisoners. Legal reference material photocopied at facility expense may be retained by the facility for prisoner use.

(k)With respect to legal reference material requested pursuant to subdivision (f) of this section, the chief administrative officer may establish reasonable limitations on:

(1)the amount of legal reference material prisoners may request at any one time; and

(2)the number of request for legal reference material a prisoner may make each week.

(l)All prisoners shall be provided access to, and indigent prisoners shall be provided at facility expense, with supplies necessary for the preparation of legal matters, including:

(1)pens or pencils; and

(2)paper.

(m)All prisoners shall be permitted to have access to either black ink pens or typewriters for the purpose of preparing legal documents.

(n)Prisoners shall be permitted to use legal reference materials in any area specifically designated for legal work. If such an area is not available, prisoners shall be permitted to use legal reference material in facility housing areas. In the discretion of the chief administrative officer, prisoners may be permitted to use legal reference materials in both a specifically designated area and in facility housing areas.

(o)The chief administrative officer shall establish written guidelines for the use of all legal reference materials and supplies. Such guidelines shall be designed to ensure that prisoners have sufficient access to such materials and supplies, providing further consideration to prisoners acting pro se with regard to a criminal proceeding or a matter related to the conditions of his or her confinement.

(p)Any prisoner who is found, in accordance with the provisions of Part 7006 of this Subtitle, to have intentionally damaged any legal reference materials or supplies available pursuant to this Part may be subject to disciplinary action including restitution.

9 NYCRR 7031.5 - Notary public

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 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

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)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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