Inmate Grievance Program
NY-ADR
3/14/07 N.Y. St. Reg. COR-11-07-00004-P
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 11
March 14, 2007
RULE MAKING ACTIVITIES
DEPARTMENT OF CORRECTIONAL SERVICES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. COR-11-07-00004-P
Inmate Grievance Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to amend sections 701.5(a)(2), (b)(4)(c) and 701.6(a), (f)(1) and (i)(2) of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 112 and 139
Subject:
Inmate Grievance Program.
Purpose:
To correct citations and punctuation.
Text of proposed rule:
The following sections of Part 701 of Title 7 NYCRR are amended as follows:
A punctuation error appears in the third sentence of section 701.5(a)(2) and is hereby amended as follows:
(2) Contents. In addition to the grievant's name, department identification number, housing unit, program assignment, etc., the grievance should contain a concise, specific description of the problem and the action requested and indicate what actions the grievant has taken to resolve the complaint, i.e., specific persons/areas contacted and responses received. The IGP supervisor shall review the grievance complaint and designate the grievance code and title. If the IGP supervisor determines that the grievance may be a harassment, discrimination or strip frisk/strip search grievance, it shall be processed in accordance with the respective expedited procedure (section 701.8, .9 or.10, below). The clerk shall consecutively number and log each grievance at the time of receipt.
A numbering error appears in section 701.5(b)(4)(i)(c). The sub clauses (i) through (iv) are hereby renumbered as (1) through (4) respectively.
A citation error appears in section 701.6(a). The citation in the first sentence is amended as follows:
(a) Advisors. An inmate may present or appeal a grievance unaided, or may be advised or assisted by a staff member or another inmate of his/her choosing subject to the restrictions set forth in sections 701.2[(g)] (h), above, and 701.7(c)(3), below. At the discretion of the superintendent, inmate advisors for keeplocked inmates may be limited to inmate clerks or inmate representatives on the IGRC and keeplocked inmates may be prohibited from serving as advisors to other inmates.
A citation error appears in section 701.6(f)(1) and is amended as follows:
(1) A code of ethics (see section 701.[10]11) for IGRC staff and inmate representatives, clerks, and chairpersons has been established to strengthen the credibility and effectiveness of the IGP. Violations of this code may result in removal from the IGP.
Text of proposed rule and any required statements and analyses may be obtained from:
Anthony J. Annucci, Deputy Commissioner and Counsel, Department of Correctional Services, Bldg. 2, State Campus, Albany, NY 12226-2050, (518) 485-9613, e-mail: AJAnnucci@ docs.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Department of Correctional Services has determined that no person is likely to object to the proposed text as written as it merely corrects non-substantive, punctuation and citation errors in the existing rule. This proposal seeks to amend the text for Part 701 to Title 7 NYCRR that was adopted on July 1, 2006.
Job Impact Statement
job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This proposal merely seeks to rectify non-substantive, technical errors in the previously adopted rule.
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