9 NYCRR Part 7205 - 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 7205.1 - Purpose

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 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

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

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

(a)Commission shall mean the State Commission of Correction.

(b)Facility shall mean a county jail or penitentiary or a correctional facility under the jurisdiction of the New York City Department of Correction.

(c)Eligible inmate shall mean an inmate, sentenced by the court of another state, to a term of imprisonment allowable pursuant to section 500-o of the Correction Law.

(d)Legislature shall mean the county legislature, board of supervisors or, with regard to the City of New York, the city council.

(e)Chief executive officer shall mean the chief executive officer of the county or, with regard to the City of New York, the mayor.

(f)Agreement shall mean an agreement by the sheriff, warden, superintendent, local commissioner of correction or other person in charge of a facility, with a correctional institution located in another state, to provide for the custody of eligible inmates in such facility.

9 NYCRR 7205.3 - Policy

Source version current through Mar 31, 2022

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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 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

Source version current through Mar 31, 2022

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Dates and status

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

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

Source version current through Mar 31, 2022

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Dates and status

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

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

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)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

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

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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