9 CRR-NY 7006.8NY-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 7006. DISCIPLINE
9 CRR-NY 7006.8
9 CRR-NY 7006.8
7006.8 The disciplinary hearing.
(a) An inmate charged with a violation in accordance with section 7006.4 of this Part shall receive a hearing within 15 business days of receipt of the misbehavior report. The inmate shall be given at least 24 hours prior written notice of the hearing. A hearing shall be completed within five business days of its convening unless otherwise authorized by the chief administrative officer. The time frames required by this subdivision may be waived by the inmate, however, such waiver shall not be effective unless made in writing.
(b) The chief administrative officer shall appoint one or more impartial persons to serve as hearing officer or as members of a hearing panel during the disciplinary hearing.
(c) The inmate shall be allowed to be present at the hearing unless the inmate has waived his right to be present or the hearing officer determines that the inmate's presence will jeopardize the safety, security, or good order of the facility. A waiver of the right to be present shall be made in writing and signed by the inmate. If the inmate refuses to sign such waiver, it shall be so noted in the record. A hearing officer's determination that an inmate's presence will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record.
(d) The inmate shall be given the opportunity to speak on his own behalf at the hearing, and shall be permitted to call witnesses and present evidence in his defense if relevant and not redundant, and when doing so would not jeopardize the safety, security, or good order of the facility. A hearing officer's determination that the presence of a particular witness or the introduction of particular evidence is irrelevant, redundant, or will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record.
(e) If the hearing officer calls witnesses, the inmate may submit questions directed toward such witnesses to the hearing officer. The hearing officer shall pose such questions to the witness if relevant and not redundant, and when doing so would not jeopardize the safety, security, or good order of the facility. The hearing officer may restate such question if it is unclear or in improper form. A hearing officer's determination that a particular question is irrelevant, redundant, or will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record.
(f) The inmate may be excluded from the hearing during the interview of witnesses in accordance with subdivision (e) of this section. The contents of such interview shall be provided to the inmate, except for such information that, if provided, would jeopardize the safety, security, or good order of the facility.
(g) No charges other than those contained in the misbehavior report shall be presented during the course of the hearing. Any additional charges brought against the inmate shall be treated as new charges and shall be subject to the requirements of this Part.
(h) A disposition shall be reached within five business days after conclusion of the hearing. The disposition shall be supported by substantial evidence and shall be in writing and shall contain the following:
(1) a finding of guilt or innocence on each charge of misbehavior;
(2) the evidence relied upon by the hearing officer in reaching such finding; and
(3) the sanction imposed, if any.
A copy of the disposition shall be provided to the inmate.
(i) Nothing contained in this Part shall preclude the use of plea bargaining.
9 CRR-NY 7006.8
Current through July 31, 2021
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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.