New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7603
Executive Department
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5 sections
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9 NYCRR 7603.1 - Policy
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The Commission of Correction recognizes the need to provide a mechanism by which the department may apply for a variance to the requirements of this Chapter when situations exist or arise that would prevent or alter the department's ability to meet a requirement as set forth in this Chapter. The commission shall grant such variances only under certain conditions when so doing will not jeopardize the safety, security or good order of a correctional facility.
9 NYCRR 7603.2 - Conditions for applying for a variance
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The commissioner may apply to the commission for a variance to requirements of this Chapter when:
(1)compliance with a specific rule or regulation cannot be achieved by the effective date of such rule or regulation;
(2)due to a temporary condition or situation, compliance with a specific rule or regulation cannot be achieved; or
(3)compliance is to be achieved in a manner other than that which is specified in such rule or regulation.
(b)In addition to the conditions cited in subdivision (a) of this section, the commissioner may apply to the commission for a variance to Part 7621 of this Title when the department has established that the programming or other important needs of one or more inmates cannot reasonably be met, or would be inordinately delayed, in the absence of such variance.
(c)The provisions of this Part shall not apply to any requirements of this Chapter where it is specifically stated that variances to such requirements are prohibited.
9 NYCRR 7603.3 - Variance applications
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Any application to the commission for a variance shall be made in writing by the commissioner.
(b)Such application shall include:
(1)the specific rule, regulation or provision that is the subject of the application;
(2)the specific reasons and facts supporting the belief that compliance with the specific rule and regulation cannot be achieved;
(3)when the application is made for reasons stated in paragraphs (1) and (2) of section 7603.2(a) of this Part, the specific plans, provisions and timetables for achieving full compliance with the rule or regulation at issue, the time period for which the variance is requested and any other material that the commissioner deems supportive of the application; and
(4)when the application is made for reasons stated in section 7603.2(a)(3) of this Part, the specific plans which fully explain and support alternative methods of compliance when compliance is to be achieved in a manner other than that which is specified in the provisions of this Chapter.
(5)when the application is made for reasons stated in section 7603.2(b) of this Part, the specific program(s) or need(s) in question shall be described in detail, together with an explanation as to why such program(s) or need(s) cannot reasonably be met, would be inordinately delayed, or cannot be established at an alternate correctional facility sufficient to meet the needs of the inmate population.
(c)The commission may require additional information concerning any variance application prior to rendering its decision.
9 NYCRR 7603.4 - Review of variance applications
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The commission shall review and issue a written determination to the commissioner on each variance application which complies with the requirements of this Part.
(b)When a variance is granted, the commission's determination shall specify:
(1)the time period for which the variance is granted; and
(2)any special requirements or conditions imposed as a condition of the variance.
(c)When a variance is granted, such variance and any special requirements or conditions imposed shall become the standard for compliance with the specific rule or regulation at issue for the department or the facility involved.
(d)When a variance is denied, the commission's determination shall include the specific facts and reasons underlying its decision.
(e)Within 30 days after a variance is denied by the commission pursuant to this Part, the commissioner may request a hearing before the commission. Such hearing shall provide the department an opportunity to present its position and to respond to any questions the members of the commission may have on the matter.
9 NYCRR 7603.5 - Variance reapplications
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)When a variance is denied, the commissioner may reapply to the commission for a variance if:
(1)additional information is available which supports the application and addresses the specific facts and reasons for the denial; and/or
(2)conditions or circumstances within a particular facility or the entire department have changed in a manner which would justify reconsideration of the application.
(b)Any such reapplication shall be made in accordance with the requirements of this Part.