9 NYCRR Part 7401 - Executive Department

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Source version current through Mar 31, 2022

All 2 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7401.1 - Preamble

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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 law requires that juvenile offenders held criminally responsible be committed to the custody of the commissioner of the Office and Children and Family Services and be confined in a secure facility maintained in accordance with Executive Law, section 508. Secure facilities are considered correctional facilities for purposes of the commission’s oversight only. It is acknowledged that secure facilities differ from adult correctional facilities in several significant respects. These regulations provide a framework for the oversight of the secure facilities and set forth a minimum standard of care to ensure the health, safety and well-being of the youth in confinement in compliance with constitutional requirements. It is further acknowledged that the Office of Children and Family Services may, in the exercise of its statutory authority pursuant to Executive Law, section 508, mandate adherence to good child care practices based on evidence based models in the operation of its secure facilities and provide strength based interventions and services to juvenile offenders confined therein. This regulatory framework will guide the commission’s oversight within the context of a secure juvenile justice setting that recognizes the unique needs of young people who are still developing mentally, emotionally, and physically, and as such, have great potential for positively transforming their lives with proper rehabilitative support in a safe and secure environment.

9 NYCRR 7401.2 - Legal Authority

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)Article XVII, section 5 of the New York State Constitution provides that there shall be a State Commission of Correction which shall visit and inspect all institutions used for the detention of sane adults charged with or convicted of a crime.

(b)For the purposes of the State Commission of Correction’s authority, Correction Law, section 40(3) includes a secure facility operated by the Office of Children and Family Services within the definition of “correctional facility.”

(c)Correction Law, article 3 delineates the functions, powers and duties of the State Commission of Correction, which include:

(1)to request and receive from any department, division, board, bureau, commission or other agency of the State or any political subdivision thereof or any public authority, such assistance, information and data as will enable the commission, the board and the council to properly carry out its functions, powers and duties (Correction Law, section 44[4]);

(2)to visit, inspect and appraise the management of correctional facilities with specific attention to matters such as safety, security, health of inmates, sanitary conditions, rehabilitative programs, disturbance and fire prevention and control preparedness and adherence to laws and regulations governing the rights of inmates (Correction Law, section 45[3]);

(3)to promulgate rules and regulations establishing minimum standards for the care, custody, rehabilitation, treatment, supervision, discipline and other programs for correctional facilities operated by the Division for Youth. (Correction Law, section 45[6-b]);

(4)to close any correctional facility which is unsafe, unsanitary or inadequate to provide for the separation and classification of prisoners required by law or which has failed to adhere to or comply with the rules and regulations promulgated by the commission (Correction Law, section 45[8]);

(5)to approve or reject plans or specifications for the construction or improvement of correctional facilities (Correction Law, section 45[10]);

(6)to adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of the functions, powers and duties of the commission (Correction Law, section 45[15]);

(7)to have access at any and all times to any correctional facility or part thereof and to all books, records and data pertaining to any correctional facility deemed necessary for carrying out the commission’s functions, powers and duties (Correction Law, section 46[1]);

(8)to require from the officers or employees of a correctional facility any information deemed necessary (Correction Law, section 46[1]);

(9)to issue and enforce a subpoena or a subpoena duces tecum, administer oaths and examine persons under oath (Correction Law, section 46[2]);

(10)to notify the chief administrative officer of any violation of the rules and regulations promulgated by the commission and recommend remedial action and to issue a directive requiring compliance with such rules and regulations. Upon the failure of the chief administrative officer to comply with such directive, the commission may apply to the Supreme Court for an order requiring compliance with such rule, regulation or law (Correction Law, section 46[4]);

(11)to investigate and review the cause and circumstances surrounding the death of any inmate of a correctional facility (Correction Law, section 47[1][a]); and

(12)to investigate the condition of systems for the delivery of medical care to inmates of correctional facilities (Correction Law, section 47[1][a]).

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