1.) Statutory authority:

Subdivision (6) of section 45 of the Correction Law authorizes the Commission of Correction to promulgate rules and regulations establishing minimum standards for the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all persons confined in correctional facilities in New York State.

2.) Legislative objectives:

By vesting the Commission with this rulemaking authority, the Legislature intended the Commission to set minimum standards regarding various aspects of inmate care in local correctional facilities, including the allowable provision of health care and treatment.

3.) Needs and benefits:

Current regulations prohibit a county jail inmate's possession of any supply of medicine or medication. Such prohibition proves problematic for inmates in need of prescribed emergent medications such as nitroglycerine and asthma and other respiratory inhalants, particularly in the night hours while confined in a cell with reduced officer presence. This regulatory addition allows inmates to possess such prescribed medication for emergent use.

4.) Costs:

a. Costs to regulated parties for the implementation of and continuing compliance with the rule: None. The only new requirement for county correctional facilities will be to allow inmates to possess prescribed emergent medications such as nitroglycerine and asthma and other respiratory inhalers.

b. Costs to the agency, the state and local governments for the implementation and continuation of the rule: None. The regulation does not apply to state agencies or governmental bodies. As set forth above in subdivision (a), there will be no additional costs to local governments.

c. This statement detailing the projected costs of the rule is based upon the Commission's oversight and experience relative to the operation and function of a county correctional facility.

5.) Local government mandates:

The regulation imposes a duty on county correctional facilities to allow inmates to possess prescribed emergent medications such as nitroglycerine and asthma and other respiratory inhalers.

6.) Paperwork:

This rule does not require any additional paperwork on regulated parties.

7.) Duplication:

This rule does not duplicate any existing State or Federal requirement.

8.) Alternatives:

The alternative, the current regulation prohibiting inmate possession of any supply of medicine or medication, was explored by the Commission. This alternative was rejected upon the Commission's finding, as set forth above, that such prohibition proved problematic for inmates in need of prescribed emergent medications such as nitroglycerine and asthma and other respiratory inhalants, particularly in the night hours while confined in a cell with reduced officer presence.

9.) Federal standards:

There are no applicable minimum standards of the federal government.

10.) Compliance schedule:

Each county correctional facility is expected to be able to achieve compliance with the proposed rule immediately.

A regulatory flexibility analysis is not required pursuant to subdivision three of section 202-b of the State Administrative Procedure Act because the rule does not impose an adverse economic impact on small businesses or local governments. The proposed rule seeks only to allow an inmate's possession of the emergency medications nitroglycerine and asthma and other respiratory inhalers. Accordingly, it will not have an adverse impact on small businesses or local governments, nor impose any additional reporting, recordkeeping, or other compliance requirements on small businesses or local governments.

A rural area flexibility analysis is not required pursuant to subdivision four of section 202-bb of the State Administrative Procedure Act because the rule does not impose an adverse impact on rural areas. The proposed rule seeks only to allow an inmate's possession of the emergency medications nitroglycerine and asthma and other respiratory inhalers. Accordingly, it will not impose an adverse economic impact on rural areas, nor impose any additional recordkeeping, reporting, or other compliance requirements on private or public entities in rural areas.

A job impact statement is not required pursuant to subdivision two of section 201-a of the State Administrative Procedure Act because the rule will not have a substantial adverse impact on jobs and employment opportunities, as apparent from its nature and purpose. The proposed rule seeks only to allow an inmate's possession of the emergency medications nitroglycerine and asthma and other respiratory inhalers. As such, there will be no impact on jobs and employment opportunities.