9 NYCRR Part 7210 - Executive Department

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Source version current through Mar 31, 2022

All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7210.1 - Purpose

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

The purpose of this Part shall be to provide a mechanism and procedures for the alternate housing of inmates when the facility to which they are confined becomes unfit or unsafe for their confinement.

9 NYCRR 7210.2 - Definitions

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

(a)Commission means the State Commission of Correction.

(b)Commissioner means the Commissioner of the New York State Department of Corrections and Community Supervision.

(c)Facility means a county jail or penitentiary or a correctional institution under the jurisdiction of the New York City Department of Correction.

(d)Facility administrator means the chief administrative officer of a county jail or penitentiary.

(e)Institution means a correctional facility under the jurisdiction of the New York State Department of Corrections and Community Supervision.

(f)Suitable place means a building in the county which is capable of providing shelter and security for prisoners and which is designed and equipped to satisfy the requirements of State and local codes pertaining to sanitation, fire safety and public assembly.

(g)Extraordinary circumstances includes acts or substantial threats of acts of violence which threaten to breach the security of a facility, taking hostages, mass arrests, inmate disturbance, riot, escape or work stoppage.

(h)Civil disaster includes pestilential diseases, nuclear accidents and toxic chemical spills.

(i)Natural disaster includes fire, earthquake, flood, hurricane or landslide.

9 NYCRR 7210.3 - Designation of officer of the day

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

The commission shall designate one of its members or administrators as the officer of the day. Such person shall be responsible for making decisions governing emergencies and the granting of substitute jail orders at such times when the commission is not assembled, when a determination by the commission is not obtainable, or at times when the commission deems appropriate.

9 NYCRR 7210.4 - Applicability

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

The provisions of this Part shall affect the transfer of inmates:

(a)from a county jail or penitentiary to another suitable place in such county;

(b)from the county jail or penitentiary of one county to the county jail or penitentiary of another county;

(c)from a county jail or penitentiary to a facility under the jurisdiction of the New York City Department of Correction or to an institution under the jurisdiction of the New York State Department of Corrections and Community Supervision.

(d)from the New York City Department of Correction to a county jail or penitentiary; or

(e)consistent with the provisions of section 7300.6(e) of this Part, in returning such inmates from a correctional institution under the jurisdiction of the New York State Department of Corrections and Community Supervision to a county jail or penitentiary.

9 NYCRR 7210.5 - Criteria

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

(a)The commission shall issue a substitute jail order authorizing the confinement of some or all of the inmates of a facility in another suitable place or facility, or upon the consent of the commissioner, an institution, under any of the following circumstances:

(1)when the facility in which the inmate or inmates are confined becomes unfit or unsafe for their continued confinement, is unable to properly maintain its inmates or a group of inmates in proper classification, or when the inmate count of such facility reaches a level which renders it unsafe or imprudent for the confinement of the total inmate population, and a reduction in the number of inmates is deemed advisable;

(2)when, as a result of natural or civil disaster, inmate disturbance or other factors which render it unsafe or unsound to house inmates in a given area, the evacuation of such inmates is required;

(3)when the safety or security of an inmate or group of inmates is threatened by their confinement in a facility and the facility administrator reasonably believes that the public interest, as well as the safety of the inmates, would be better served by their being housed in another suitable place or facility;

(4)when the facility is unable to provide vital services, such as medical, mental health and food services, and the facility administrator reasonably believes that such services are more readily available at another suitable place or facility; or

(5)when, due to extraordinary circumstances, the facility administrator determines that the public interest and facility security would be served by the transfer of an inmate or group of inmates to another suitable place or facility.

(b)The commission may issue either an individual order authorizing the transfer of an inmate or group of inmates from one facility to another or an open order which authorizes the facility to transfer any inmate to another facility. All open orders shall be subject to review by the commission every 90 days.

9 NYCRR 7210.6 - Procedures

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

(a)Prior approval of the commission shall precede the transfer of an inmate from one facility to another facility. Whenever a facility administrator determines that it is necessary to transfer an inmate or group of inmates to another suitable place or facility, he shall contact the commission by telephone or other means and request a substitute jail order. When such request is made at a time other than during the normal business hours of the commission, it shall be referred to the officer of the day assigned by the commission.

(b)It shall be the responsibility of the administrator of an affected facility to identify another facility or a suitable place within the county which may be designated as a substitute jail for such facility. If such suitable place exists, he shall communicate its existence to the commission.

(c)If there is no suitable place in the county to which the inmate or group of inmates may be transferred, the facility administrator shall determine whether the county jail of another county is able to accommodate the inmate or group of inmates. The facility administrator shall take into account such factors as the ability of the county jail of another county to house the inmate or group of inmates in a manner consistent with applicable standards, the proximity of such county jail to the county jail or his county, the potential inconvenience to the family and friends of the inmate whose transfer is contemplated, access to legal counsel and other resources, and the ability of the receiving suitable place or facility to provide proper security and supervision of the inmates.

(d)The facility administrator shall provide the commission or its representative with all pertinent information needed to determine whether a substitute jail order should be granted. Upon the commission's approval for transfer and an assurance by the facility administrator of the receiving facility that he will house the inmates, the facility administrator of the sending facility shall make the necessary arrangements to effectuate the transfer.

(e)

(1)Whenever due to extraordinary circumstances the facility administrator of a facility reasonably believes that the safety or security of an inmate or group of inmates committed to his custody cannot be maintained and that the public safety and security would be preserved by a transfer of the said inmate or group of inmates to an institution, the facility administrator shall make a written request to the commissioner to make available an institution for the confinement of such inmate or group of inmates. Upon the written determination of the commissioner that such institution is available for the confinement of such inmate or group of inmates, the facility administrator shall cause the said inmate or group of inmates to be transferred to the custody of the commissioner. The facility administrator shall provide immediate written notification to the commissioner of the transfer of the said inmate or group of inmates. The commissioner shall immediately forward to the commission a copy of the written transfer request and other papers upon which his determination was made, along with a copy of his written determination.

(2)The commissioner shall take custody of any inmate transferred pursuant to this Part and shall house such inmates in the most proximate available institution, taking into account the security needs of the inmates and of the community. The legal custody of the said inmates shall remain with the facility administrator.

(3)The facility administrator shall assess the conditions of his facility and immediately request the commissioner to return the inmates to the sending facility once the facility is able to accommodate the inmates and their confinement in an institution is no longer needed. If the facility administrator determines that his facility is inappropriate for the return of the transferred inmates, he shall make every effort to find another suitable facility for the confinement of the said inmates. If such facility is available, he shall request the commission to designate it as a substitute jail, and the commission shall make the appropriate designation. If no suitable facility is available, the facility administrator shall notify the commissioner of this fact in writing within 30 days of the transfer of the inmate or group of inmates to his custody and shall request the commissioner to extend the transfer for an additional 30 days. The commissioner, in his discretion, shall consent in writing to the extension. If consent to the extension is granted, the commissioner shall send the request for such extension and his written consent to the commission. The commission shall approve such application if it is satisfied that a suitable facility is not available. Such application for extension may be made and approved at 30-day intervals thereafter until the said inmates are either transferred to a suitable facility or are released from the custody of the facility administrator of the sending facility.

9 NYCRR 7210.7 - Records to accompany inmates

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

Whenever an inmate is transferred pursuant to this Part, the facility administrator of the sending facility shall deliver to the receiving facility or institution a copy of the inmate's commitment papers, a medical summary if one is available, a written notification of the reason for transfer, and any other information pertaining to the inmate which will be helpful to the receiving facility or institution in providing housing and treatment for the inmate.

9 NYCRR 7210.8 - Notification to inmates

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

After the transfer of an inmate pursuant to this Part, the facility administrator of the receiving facility shall provide him immediately with a written notification of the reasons for his transfer.

9 NYCRR 7210.9 - Rights of transferred inmates

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

Any inmate transferred pursuant to this Part shall be entitled to all the rights and privileges available to other inmates of the receiving facility; provided that the rights and privileges available to an inmate transferred to an institution shall be subject to the reasonable rules and regulations of the commissioner.

9 NYCRR 7210.10 - Revocation

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

The commission may, at any time, revoke a substitute jail order upon a determination that the transfer of inmates to a suitable place or another facility is no longer appropriate or necessary. Upon revocation of such order, the commission shall promptly notify the facility administrator of the sending and receiving facilities of its decision to revoke the order stating its reasons therefor, and shall cause to be filed with the county clerks of the respective counties an order of revocation.

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