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, 2012 and 2017 which must be reviewed in calendar year 2022. Public comment on the continuation or modification of these rules is invited. Comments should be received by April 1, 2022. Comments may be directed to: Deborah Slack-Bean, Associate 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 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 of 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)

MC-18-12-00016 Amendment of section 7002.2 and addition of Part 7205 to 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

CMC-44-16-00022-A Addition of subdivision (e) to section 7000.1 of Title 9 NYCRR

Analysis of the need for the rule: This rule is needed to provide local correctional facilities a form and deadline for the annual report to the Commission of the use of restraints on a woman reportable under section 611 of the Correction Law.

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

CMC-22-17-00003-A Renumbering of subdivision (g) of section 7506.1 and addition of subdivision (g) of section 7506.1 to Title 9 NYCRR

Analysis of the need for the rule: This rule is needed to ensure feminine hygiene products are available and accessible to female prisoners detained in local lockups.

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