Five-Year Review of Rules Adopted by the

State Commission of Correction in Calendar Year 2001

Required to be Reviewed in

Calendar Year 2011

As required by Chapter 262 of the Laws of 1996, the following is a list of rules which were adopted by the State Commission of Correction in calendar year 2001 and which must be reviewed in calendar year 2007. Public comment on the continuation or modification of these rules was invited. No comments were received. Based upon the belief that said rules further the Commission's mission to provide for a safe, stable and humane correctional system in New York State, and absent public comment to the contrary, the Commission has determined and hereby gives notice pursuant to State Administrative Procedure Act § 207(4) that the rules listed below shall continue without modification.

CMC-03-01-00002 Amendment of subdivision (a) of section 7028.2 and subdivision (c) of section 7028.4 of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to clarify the situations when outdoor exercise at local correctional facilities may be canceled.

Legal basis for the rule: Correction Law section 45(6).

CMC-43-00-00005 Amendment of section 7621.6, renumber 7621.7-7621.11 to be 7621.8-7621.12 and addition of new section 7621.7 of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to provide minimum standards for the use of double occupancy housing units originally designated and constructed for double occupancy.

Legal basis for the rule: Correction Law section 45(6).