Inmate Correspondence Program
NY-ADR
3/4/09 N.Y. St. Reg. COR-09-09-00001-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 9
March 04, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF CORRECTIONAL SERVICES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. COR-09-09-00001-P
Inmate Correspondence 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 section 720.8(a)(5) of Title 7 NYCRR.
Statutory authority:
Correction Law, section 112
Subject:
Inmate Correspondence Program.
Purpose:
Ensure regulation is consistent with current policy regarding "stamp buys" for inmates admitted to Special Housing Units.
Text of proposed rule:
The Department of Correctional Services amends 7NYCRR, section 720.8(a)(5) as indicated below:
(5) An inmate who has lost commissary privileges[, including one who has been admitted to a SHU,] shall be able to make a monthly "stamp buy'' of up to 50 domestic first class stamps for one ounce letters. This special buy shall be offered within 72 hours of the imposition of the penalty and every 30 days thereafter. Inmates who have been admitted to a Special Housing Unit shall be offered a “stamp buy” within 72 hours of admission and every 30 days thereafter.
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, New York State Department of Correctional Services, 1220 Washington Avenue - Building 2 - State Campus, Albany, NY 12226-2050, (518) 457-4951, email: [email protected]
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
In accordance with Correction Law section 112, the Commissioner of the Department of Correctional Services is designated with the superintendence, management and control of correctional facilities in the department and of the inmates confined therein, and of all matters relating to the government, discipline, policing, contracts and fiscal concerns thereof. This rulemaking is being proposed to simply clarify established Department policy with regard to the offering of a “stamp buy” for inmates who have been admitted to a Special Housing Unit (SHU) in accordance with section 302.2(h)(i) of 7NYCRR. The current wording of regulation section 720.8(a)(5) of this title could be interpreted to mean that an inmate admitted to SHU may have to wait until the conclusion of their disciplinary hearing and possible imposition of disciplinary sanctions before they would be eligible for their “stamp buy”. A disciplinary hearing can last up to 14 days or longer if an extension is granted. This change is to ensure that current Department policy is accurately reflected in the regulation whereby inmates who are admitted to SHU pending a disciplinary hearing are offered a “stamp buy” with 72 hours of admission. This amendment represents established policy and is being made in order to be consistent with section 302.2(h)(i) of this title. Therefore, the Department has determined that no person is likely to object to the adoption of this proposed rulemaking because it is essentially non-controversial in nature (SAPA 102 (11)(c)).
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.
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