9 CRR-NY 7050.1NY-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 7050. VARIANCES
9 CRR-NY 7050.1
9 CRR-NY 7050.1
7050.1 Policy.
(a) The chief administrative officer of a local correctional facility may apply to the State Commission of Correction for a variance when:
(1) full compliance with a specific rule or regulation of this Subtitle or any provision thereof cannot be achieved or maintained by or subsequent to the effective date of such rule or regulation; or
(2) compliance is to be achieved in a manner other than that which is specified in such rules and regulations.
(b) The State Commission of Correction may grant a variance only upon a determination that:
(1) full compliance with a specific rule or regulation of this Subtitle or a provision thereof would create extreme practical difficulties or excessive hardships as a result of circumstances which are unique to a particular local correctional facility; or
(2) compliance is to be achieved in an alternative manner sufficient to meet the intent of such rule or regulation.
9 CRR-NY 7050.1
Current through July 31, 2021
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