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9 CRR-NY 7000.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 9. EXECUTIVE DEPARTMENT

SUBTITLE AA. STATE COMMISSION OF CORRECTION

CHAPTER I. MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES

SUBCHAPTER A. MINIMUM STANDARDS AND REGULATIONS

PART 7000. LEGAL AUTHORITY

9 CRR-NY 7000.1

7000.1 Legal authority.

(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 crime.

(b) Article 3, section 45, of the New York State Correction Law defines the following as basic functions of the State Commission of Correction:

(1) promulgate rules and regulations establishing minimum standards for the care, custody, correctional treatment, supervision, discipline and other correctional programs for all persons confined in local correctional institutions; (Note: As used in this statute, the term local correctional institution means any county penitentiary, county jail, city jail, court detentional pen, hospital prison ward, or town, village or county lockup.)

(2) aid in securing humane and economic administration and best sanitary conditions of the institutions subject to inspection;

(3) investigate their management and conduct of their officials;

(4) approve or reject plans for construction or renovation;

(5) collect statistical information with respect to the inmates; and

(6) close any of the facilities subject to inspection which are unsafe, unsanitary or inadequate to provide for the separation and classification of prisoners as required by law or which has not adhered to or complied with the rules and regulations promulgated by the commission.

(c) Article 3, section 46, of the Correction Law provides that, in any case where a sheriff, superintendent, officer or employee of an institution subject to inspection by the State Commission of Correction shall refuse or cause admission to be refused to any member, officer or inspector of the commission for the purpose of visitation and inspection, or shall refuse or neglect to furnish the information required by the commission or by any of its members, officers or inspectors, the commission may apply to the Supreme Court for an order directing such person to comply therewith; and, upon such application, the court may issue such order as may be just. A failure to comply with the court's order shall be a contempt of court and punishable as such.

(d) On or before the first day of February of each year, each sheriff, superintendent, commissioner, or other officer in charge of a county jail or county penitentiary shall submit a statistical report containing data with respect to prisoners received and discharged during the preceding calendar year. Forms on which such data is to be reported will be forwarded by the commission at the appropriate time.

(e) On or before the first day of February of each year, each sheriff, superintendent, commissioner, or other officer in charge of a local correctional facility shall submit a report to the Commission of Correction (the commission) detailing every use of restraints on a woman, reportable under section 611 of the Correction Law, which occurred during the preceding calendar year. Such report shall be submitted in a form and manner prescribed by the chairperson of the commission, and shall minimally include, for each individual use of restraints, the following:

(1) the full name of the restrained woman;

(2) the restrained woman’s date of birth;

(3) the date and time the restraint was applied;

(4) the date and time the restraint was removed;

(5) a description of the type(s) of restraint(s) used;

(6) the intended transport destination;

(7) the name and rank of the official or officer who authorized the restraint; and

(8) a description of the facts and reasons justifying the use of restraints.

9 CRR-NY 7000.1

Current through July 31, 2021

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.