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New York regulations

Title 9 Part 7205

Executive Department

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

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

9 NYCRR 7205.1 - Purpose

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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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot
Jun 6, 2026

The purpose of this Part shall be to provide a mechanism and procedure by which a local correctional facility may seek and acquire commission approval of an agreement to detain the inmates of another state pursuant to section 500-o of the Correction Law.

9 NYCRR 7205.2 - Definitions

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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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
SIR-50-22-00003-A · Adopted rule · May 17, 2023
Source snapshot
Jun 6, 2026

9 NYCRR 7205.3 - 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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot
Jun 6, 2026
(a)Except as provided by an agreement, approved by the legislature, chief executive officer and Commission, or pursuant to any other applicable law or regulation, a facility shall not detain an inmate committed or sentenced by the court of another state.
(b)Each eligible inmate confined to a facility shall be dealt with in all respects in the same manner as an inmate committed to the facility pursuant to paragraph (e) of Correction Law section 500-a.
(c)Notwithstanding the requirements of subdivision (b) of this section, an eligible inmate shall not be deprived of any legal right which such inmate would have had if confined in a correctional institution in the jurisdiction in which he or she was convicted.
(d)A facility's agreement to detain eligible inmates shall not have a detrimental effect upon the safety, security and good order of the facility, nor shall it result in a facility's violation of applicable laws and regulations, including, but not limited to, regulations controlling maximum facility capacity, inmate classification and staffing.

9 NYCRR 7205.4 - Application for commission approval

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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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot
Jun 6, 2026

Any application for commission approval of an agreement shall be made in writing by the sheriff, warden, superintendent, local commissioner of correction or other person in charge of a facility, and shall include:

(a)a complete copy of the entire agreement, including all exhibits, appendices and any other record referenced therein;
(b)a copy of the approval of the legislature and chief executive officer;
(c)a written analysis by the facility's county attorney, or attorney representing the facility's chief administrative officer, which serves to identify each and every legal right, apart from those normally provided to inmates committed to the custody of the facility, that an eligible inmate would enjoy if confined in a correctional institution of the jurisdiction in which the eligible inmate was convicted;
(d)a written analysis by the facility's county attorney, or attorney representing the facility's chief administrative officer, which provides legal authority for the manner in which eligible inmates will be transported to and from the facility pursuant to the agreement;
(e)a written plan by the facility's chief administrative officer, including relevant policies and procedures, to provide eligible inmates each additional right identified in the analysis required by subdivision (c) of this section, including an analysis of the effect such additional provisions will have on staffing, inmate classification, facility capacity, and the overall safety, security and good order of the facility; and
(f)any further information and records deemed relevant by the facility's chief administrative officer.

9 NYCRR 7205.5 - Commission review of application

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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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot
Jun 6, 2026

Upon receipt of an application, submitted pursuant to the requirements of section 7205.4 of this Part, the commission shall conduct a review thereof, with consideration given to:

(a)the effect the agreement would have upon the safety, security and good order of the facility;
(b)the facility's ability to comply with the requirements of section 7205.3 of this Part; and
(c)the current state of the facility, including, but not limited to:
(1)inmate classification and capacity limitations;
(2)facility staffing;
(3)physical plant issues; and
(4)past compliance with relevant laws and regulations.

9 NYCRR 7205.6 - Commission determination

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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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot
Jun 6, 2026
(a)Following an application review pursuant to section 7205.5 of this Part, the commission shall render a determination. Such determination shall be in writing to the sheriff, warden, superintendent, local commissioner of correction or other person in charge of the facility, and shall signify the commission's decision to either deny approval of the agreement, approve the agreement as submitted, or approve the agreement subject to required amendments or modifications.
(b)Any commission determination granting approval pursuant to subdivision (a) of this section shall pertain only to the submitted agreement. Any amendment, modification, renewal or extension of the agreement, other than amendments or modifications required as a condition of commission approval, shall require the submission of an application pursuant to the requirements of this Part.
(c)Following a determination granting approval pursuant to subdivision (a) of this section, and at any time during the duration of the agreement, the commission may, for good cause, revoke such approval. The commission's determination to revoke approval of the agreement may be based upon the following considerations:
(1)the effect the agreement has had upon the safety, security and good order of the facility;
(2)the facility's inability to comply with the requirements of section 7205.3 of this Part; or
(3)the current state of the facility, including, but not limited to:
(i)inmate classification and capacity limitations;
(ii)facility staffing;
(iii)physical plant issues; or
(iv)compliance with relevant laws and regulations.

9 NYCRR 7205.7 - Annual report

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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
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot
Jun 6, 2026

On or before the 15th day of February of each year, the chief administrative officer of a facility, which detained eligible inmates in the previous year pursuant to an agreement, shall forward a written report to the commission setting forth:

(a)a description of each agreement; and
(b)the number of inmates confined pursuant to each agreement.

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