9 NYCRR Part 7033 - Executive Department

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Source version current through Mar 31, 2022

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7033.1 - Policy

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Dates and status

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

To comply with Correction Law, section 500-b, to afford appropriate precautions for the personal safety and welfare of persons in custody, and to foster the safety, security and good order of the local correctional facility, it is essential that accurate information be available to corrections administrators.

9 NYCRR 7033.2 - Facility policies and procedures

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Dates and status

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

Each correctional facility shall develop and implement policies and procedures consistent with this Part for the exchange of information with other correctional facilities.

9 NYCRR 7033.3 - Definitions

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Dates and status

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

As used in this section, the following definitions shall apply to the terms listed below:

(a)Information source facility shall mean any correctional facility or health care provider to which a request for inmate records or detailed summaries of inmate medical or psychiatric records is made pursuant to this Part.

(1)Whenever a facility transfers an inmate to another facility, the receiving facility shall be deemed to have made such a request at the time of the transfer.

(2)Material to be provided pursuant to this Part shall be provided at the time of the transfer.

(b)Receiving facility shall mean any correctional facility to which an inmate is committed.

(c)Inmate records shall mean:

(1)records or information or summaries thereof, except inmate medical and psychiatric records, relevant to fulfilling the requirements of Part 7013 of this Title and section 500-b of the Correction Law. Such information shall include, but is not limited to:

(2)information and records, except inmate medical and psychiatric records, required pursuant to section 601(a) of the Correction Law. Such information shall include, but is not limited to:

(i)a certified copy of the sentence;

(ii)a copy of the probation officer's investigation and report or a detailed statement covering the facts relative to the crime and previous history;

(iii)a copy of the inmate's fingerprint records; and

(iv)reports relating to assaults, or other violent acts, attempts at suicide or escape by the inmate while in the custody of the sending facility.

(d)Inmate medical and psychiatric records shall mean any information or record of a medical or psychiatric nature pertaining to an inmate in the possession of a health care provider.

9 NYCRR 7033.4 - Transfer of inmate records

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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 a receiving facility shall request inmate records necessary and relevant for compliance with Part 7013 of this Title and sections 500-b and 601 of the Correction Law from the chief administrative officer of an information source facility to the extent such sources are relevant and known to the requesting facility.

9 NYCRR 7033.5 - Transfer of detailed summaries of inmate medical and psychiatric records

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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)A receiving facility shall request detailed summaries of inmate medical and psychiatric records necessary and relevant for compliance with this Part or for the timely and effective medical evaluation or treatment of an inmate, from health care providers to the extent such sources are relevant and known of the receiving facility.

(b)Upon such request, the health care provider shall make a detailed summary of all inmate medical and psychiatric records and information in its possession.

(c)Whenever detailed summaries of inmate medical and psychiatric records are requested pursuant to this Part, the information source facility shall send such detailed summaries only to the attention of the facility medical director.

9 NYCRR 7033.6 - Confidentiality

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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)Information, however received, pursuant to this Part which is confidential as required by law shall be kept confidential by the party receiving such information and any limitation on the release of such information imposed by law upon any party furnishing the information shall also apply to the party receiving such information.

(b)Any disclosure of confidential material made pursuant to this Part shall be limited to that information which is necessary in light of the reason for disclosure.

(c)The chief administrative officer and the medical director of each local correctional facility shall develop and implement policies and procedures to ensure the safekeeping of all confidential records.

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