PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

This is a consensus rule making to amend section 724.2(a)(1) of Title 7 NYCRR.

Packages and Articles Sent or Brought to Institutions.

To remove the reference to inmates "under sentence of death" consistent with New York State Court of Appeals decision.

The Department of Correctional Services amends 7 NYCRR, section 724.2(a)(1) as indicated below:

Section 724.2 Applicability.

(a) This Part applies to all inmates except for those:

(1) assigned to a special housing unit or in special housing status (see Chapter VI of this Title)[, or under sentence of death];

Maureen E. Boll, Deputy Commissioner and Counsel, New York State Department of Correctional Services, 1220 Washington Avenue - State Campus - Building 2, Albany, NY 12226-2050, (518) 457-4951, email: [email protected]

Same as above.

45 days after publication of this notice.

In accordance with Correction Law section 112, the Commissioner of the Department of Correctional Services has the authority to promulgate rules and regulations for the government of each correctional facility. The ruling made by the New York State Court of Appeals in People v. Taylor, 9 N.Y.3d 129 (2007), determined that the New York State death penalty sentencing statute enacted in 1995 violates the New York State Constitution on its face and it was not within the power of the judiciary to save the statute. Therefore, the Department has determined that no person is likely to object to the adoption of this proposed rulemaking (removal of the reference to inmates “under sentence of death”) because it merely repeals regulatory provisions which are no longer applicable to any person (SAPA 102(11)(a)).

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.