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9 CRR-NY 7033.3NY-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 7033. TRANSFER OF RECORDS

9 CRR-NY 7033.3

7033.3 Definitions.

As used in this section, the following definitions shall apply to the terms listed below:

(a) Information source facility shall mean any correctional facility or health care provider to which a request for inmate records or detailed summaries of inmate medical or psychiatric records is made pursuant to this Part.

(1) Whenever a facility transfers an inmate to another facility, the receiving facility shall be deemed to have made such a request at the time of the transfer.

(2) Material to be provided pursuant to this Part shall be provided at the time of the transfer.

(b) Receiving facility shall mean any correctional facility to which an inmate is committed.

(1) records or information or summaries thereof, except inmate medical and psychiatric records, relevant to fulfilling the requirements of Part 7013 of this Title and section 500-b of the Correction Law. Such information shall include, but is not limited to:

(2) information and records, except inmate medical and psychiatric records, required pursuant to section 601(a) of the Correction Law. Such information shall include, but is not limited to:

(i) a certified copy of the sentence;

(ii) a copy of the probation officer's investigation and report or a detailed statement covering the facts relative to the crime and previous history;

(iii) a copy of the inmate's fingerprint records; and

(iv) reports relating to assaults, or other violent acts, attempts at suicide or escape by the inmate while in the custody of the sending facility.

(d) Inmate medical and psychiatric records shall mean any information or record of a medical or psychiatric nature pertaining to an inmate in the possession of a health care provider.

9 CRR-NY 7033.3

Current through July 31, 2021

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