Pursuant to section 207 of the State Administrative Procedure Act (SAPA), notice is hereby provided of rules adopted by the New York State Civil Service Commission and the President of the New York State Civil Service Commission for the calendar years 1997, 2002, 2007 and 2012.

1997

Amendments to the Rules for the Classified Service (Chapter 1 of Title 4 NYCRR)

Statutory Authority: Civil Service Law, sections 6, 63 and 79

Description of the regulations:

4 NYCRR 4.5(b)(2) was amended to grant State agencies the authority to waive probationary terms for certain non-competitive class employees and to broaden the definition of “promotion,” consistent with Civil Service Law section 52(11) and Department policy.

4 NYCRR 4.5(b)(2)(ii) was amended to remove the one year probationary period for Vocational Instructor 4 incumbents who have completed three years’ probation in the Vocational Instructor title series in the same appointing authority.

A new section 4 NYCRR 5.10 was added to provide for redeployment lists for classified service employees serving in positions designated managerial or confidential.

Recommended action:

These rules have functioned consistent with the purposes underlying their adoption and are recommended for continuation without modification.

2002

Amendments to the Rules for the Classified Service (Chapter I of Title 4 NYCRR)

Statutory Authority: Civil Service Law sections 6, 63

Description of the Regulations:

4 NYCRR 4.5(b)(2)(v) was amended to revise the probationary term for positions of Highway Maintenance Supervisor 1.

4 NYCRR 4.5(b)(3) was amended to set forth and standardize the probationary terms for appointments and training advancements for positions in the Professional, Scientific and Technical Services negotiating unit in the job titles of Assistant Research Scientist (all specialties), Research Physician 1-3 (all specialties), Psychiatrist 1-2, and Research Scientist 1-8 (all specialties).

Recommended action:

These amendments have functioned consistent with the purposes underlying their adoption and are recommended for continuation without modification.

Amendments to Part 72 of the Regulations of the Department of Civil Service (President’s Regulations; Chapter V of Title 4 NYCRR)

Statutory Authority: Civil Service Law, sections 80 and 80-a

Description of the Regulations:

These regulations defined separate units for suspension, demotion or displacement (“layoff units”) within the Division of Alcoholic Beverage Control and within the Office of Children and Family Services.

Recommended action:

The regulations have functioned consistent with the purposes underlying their adoption and are recommended for continuation without modification.

2007

No current rules or regulations amending the text of Title 4 NYCRR were adopted during the calendar year.

2012

Amendments to Part 73 of the Regulations of the Department of Civil Service (President’s Regulations; Chapter V of Title 4 NYCRR)

Statutory Authority: Civil Service Law Article XI

Description of the Regulations:

These regulations adjusted contribution rates for certain eligible enrollees, dependents and retirees participating in the New York State Health Insurance Program (NYSHIP).

The amendments to sections 73.3(b) and 73.12 were necessary to conform the regulations with Chapter 491 of the Laws of 2011 and Department policy.

Recommended action:

The rules have functioned consistent with the purposes underlying their adoption and are recommended for continuation without modification.

Public Comments

There will be a forty-five (45) day public comment period following publication of this notice. Requests for information and public comments regarding the foregoing may be directed to:

J. Marc Hannibal, Special Counsel

Building 1

Empire State Plaza

Albany, NY 12239

Telephone: (518) 473-2624

E-mail address: [email protected]

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 years 1997, 2002, 2007 and 2012 which must be reviewed in calendar year 2017. Public comment on the continuation or modification of these rules is invited. Comments should be received by April 1, 2017. Comments may be directed to: Deborah Slack-Bean, Senior Attorney, A.E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001.

CMC-20-97-00023 Amendment of subdivision (f) of section 7002.4 of Title 9 NYCRR

Analysis of the need for the rule: The rule is needed to provide that money seized from prisoners upon admission to a local correctional facility be placed in the prisoner’s facility account.

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

CMC-06-97-00098 Amendment of sections 7003.2(a)(2); 7003.2(c)(2); 7003.3(b); 7003.3(d through l); 7003.3(i); 7003.3(J)(5)(i)(iii).

Analysis of the need for the rule: This rule is needed to eliminate unnecessary record keeping; to provide greater discretion regarding supervision of trustee prisoners; and to facilitate greater interaction between correctional staff and prisoners.

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

CMC-20-97-00024 Amendment of subdivision (a) of section 7005.4, section 7005.5 and subdivision (a) of section 7005.9 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to provide greater flexibility to facility administrators regarding hair styles and to streamline provisions.

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

CMC-10-97-00024 Amendment of subdivision (a) of section 7006.5 and subdivision (b) of section 7006.11 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to modify unnecessary and burdensome procedures.

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

CMC-20-97-00025 Amendment of subdivision (b) of section 7010.2 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to allow local correctional facilities to utilize the results of a physical examination conducted upon a prisoner within six months of his or her admission to the facility.

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

CMC-16-97-00005 Amendment of Part 7010.

Analysis of the need for the rule: This rule is needed to allow local correctional facilities to return unused medications.

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

CMC-53-96-00017 Amendment of subdivisions (b) and (f) and repeal of subdivision (g) of section 7013.8 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to extend the time period in which the classification of a prisoner must be completed and to eliminate unnecessary and burdensome paperwork.

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

CMC-20-97-00022 Repeal of sections 7015.2, 7015.3, 7015.4 and 7015.5; addition of a new 7015.2; renumbering of section 7015.6 as 7015.3; and amendment of the renumbered 7015.3.

Analysis of the need for the rule: This rule is needed to streamline the provisions and eliminate overly detailed requirements.

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

CMC-06-97-00097 Amendment of Part 7028 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to permit the restriction of an inmate’s exercise period when it is determined that it would be a threat to the safety, security, or good order of the facility, or the safety, security or health of the prisoner or other prisoners.

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

CMC-29-97-0003 Amendment of Part 7032 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to curtail the submission of frivolous grievances.

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

CMC-10-97-00024 Amendment of Part 7605 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to simplify the requirements regarding development and review of policies and procedures.

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

CMC-27-97-00017 Amendment of Part 7621 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to authorize establishment of double occupancy housing units in the Department of Correctional Services’ facilities.

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

CMC-39-96-00005 Amendment of sections 7634.5(c) and 7634.6(c) and repeal of section 7634.8 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to eliminate an impractical requirement to review training; to eliminate an overly detailed reporting requirement; and to delete unneeded language regarding variances.

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

CMC-43-96-00005 Amendment of Part 7651 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to eliminate overly detailed and/or obsolete provisions.

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

CMC-05-97-00020 Amendment of subdivision (h) of section 7651.10.

Analysis of the need for the rule: This rule is needed to conform the provisions with Correction Law section 137.

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

CMC-52-96-00003 Amendment of section 7677.5 and repeal of subdivisions (b) and (c) of section 7677.3 and subdivisions (b), (c) and (d) of section 7677.11 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to simplify requirements regarding development of policies and procedures and record keeping.

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

CMC-21-12-00005 Amendment to section 7603.2 and addition of paragraph (5) of section 7603.3(b) of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to allow for a DOCCS variance to facility capacity regulations when necessary for inmate programming or other important needs.

Legal basis for the rule: Correction Law sections 45(6) and 45(15).

CMC-18-12-00016 Amendment to section 7002.2 and addition of Part 7205 of Title 9 NYCRR

Analysis of the need for the rule: This rule is needed to standardize the Commission’s approval process for agreements of local correctional facilities to detain out of state inmates.

Legal basis for the rule: Correction Law sections 45(6), 45(15) and 500-o.