Executive Law section 837-a(9) authorizes the Commissioner of the Division of Criminal Justice Services (Commissioner), in consultation with the State Commission of Correction (SCOC) and Municipal Police Training Council (Council), to establish and maintain training programs for correction officers. Executive Law section 840(2-a) empowers the Council, in consultation with SCOC, to promulgate regulations regarding the approval, or revocation thereof, of basic correctional training programs administered by municipalities; minimum courses of study, attendance requirements, and equipment and facilities to be required at approved correctional training programs; minimum qualifications for instructors at approved correctional training programs; and the requirements of a minimum basic correctional training program required by Executive Law section 837-a(9).

The Pre-Employment Corrections Training program is an alternative method of completing the Basic Course for Correction Officers. The program is conducted in two phases. Phase 1 is designed to be completed by a civilian; and phase 2 is completed after an individual successfully completes the initial or pre-employment phase and is appointed as a sworn corrections officer. In contrast, a conventional basic correctional course is completed in its entirety only by sworn corrections officers. However, the Pre-Employment Corrections Training program does not cover topics deemed appropriate only for sworn corrections officers, such as firearms training.

A new Part 6019 is added to 9 NYCRR to read as follows:

PART 6019

PRE-EMPLOYMENT CORRECTIONS TRAINING

6019.1. Definitions. The following definitions were added: commissioner, council, pre-employment corrections basic training course, pre-employment corrections training school, director, municipality, college, university and junior college or two-year college.

6019.2. Statement of purpose.

The purpose of this Part is to set forth minimum standards for a pre-employment corrections basic training course, including, but not limited to, subject matter and time allotments, requirements for administration of the course-by-course directors, and rules governing attendance and completion of such course.

The pre-employment corrections basic training course is an alternative method of corrections officer basic training set forth in Part 6018 and is designed to be completed by civilians. An individual who successfully completes a pre-employment corrections basic training course must complete additional training after appointment as a sworn corrections officer in order to fulfill requirements set forth in section 2.30 of the Criminal Procedure Law. Provided, however, nothing in this Part shall preclude a sworn corrections officer from attending a pre-employment corrections basic training course.

Use of a pre-employment corrections basic training course is not required and the determination to utilize this alternative method of training shall be within the discretion of each employer. An employer may require an individual who has been appointed as a sworn corrections officer, and who previously successfully completed a pre-employment basic course, to complete the basic course for corrections officers.

6019.3. Minimum standards for approval of a pre-employment corrections basic training course and 6019.4. Requirements for approval of a pre-employment corrections training school.

As the headers state, sections 6019.3 and 6019.4 respectively provide the minimum standards for approval of a pre-employment corrections basic training course and the requirements for approval of a pre-employment corrections training school. For instance, the course and school must be pre-approved by the Commissioner.

6019.5. Revocation or suspension of approval of a pre-employment corrections training school.

This section provides that the Commissioner may suspend or revoke the approval granted to a pre-employment corrections training school for cause at any time. Reasons for such suspension or revocation may include, but not be limited to, violation of the program requirements.

6019.6. Term and renewal of pre-employment corrections training school approval.

This section provides that the pre-employment corrections training school approval shall be valid for a period of two years from the date of approval, provided that the Council has not made any changes to the minimum qualifications. Such approval may be renewed by a pre-employment corrections training school upon filing a copy of the current school qualifications and approval by the Commissioner.

6019.7. Requirements for conducting a pre-employment corrections basic training course and 6019.8. Requirements for completion of a pre-employment corrections basic training course.

As the headers state, sections 6019.7 and 6019.8 respectively provide the requirements for conducting a pre-employment corrections basic training course and the requirements for completion of a pre-employment corrections basic training course. For instance, within 10 days of the commencement of a pre-employment corrections basic training program, the course director must forward a course roster to the Commissioner listing the names, and other information required by the Council, for all attendees. In addition, within 10 days after the conclusion of a basic course, the director must forward the course roster to the Commissioner denoting the performance of the respective trainees.

Further, pursuant to section 6019.8, the training completed pursuant to this Part shall remain valid for two years from the date of completion recorded on the transcript. An individual who has completed the pre-employment corrections basic training course has two years from the date of completion recorded on the transcript to obtain employment as a sworn corrections officer and, thereafter, complete the remaining training requirements prescribed by the Council in accordance with the requirements of Part 6018 for purposes of compliance with the provisions of section 2.30 of the Criminal Procedure Law. After 2 years from the date of completion recorded on the transcript, the training will no longer be valid for purposes of compliance with the provisions of section 2.30 of the Criminal Procedure Law.

6019.9. Limitations regarding pre-employment corrections basic training courses.

This section provides that the completion of a pre-employment corrections basic training course not approved by the Commissioner and pre-employment corrections training completed before the effective date of this regulation shall not be deemed to be successful completion of a pre-employment corrections basic training course and shall not be recognized by the Council or the Commissioner for purposes of compliance with the provisions of section 2.30 of the Criminal Procedure Law.

Also, the completion of a pre-employment corrections basic training course does not entitle or guarantee employment as a corrections officer, nor affect, in any way, the applicability of the Civil Service Law or other provisions of law regarding the hiring and retention of corrections officers.

1. Statutory authority: Executive Law sections 837-a(9) and 840(2-a).

2. Legislative objectives: Executive Law section 837-a(9) authorizes the Commissioner of the Division of Criminal Justice Services (Commissioner), in consultation with the State Commission of Correction (SCOC) and Municipal Police Training Council (MPTC), to establish and maintain training programs for corrections officers. Executive Law section 840(2-a) empowers the MPTC, in consultation with SCOC, to promulgate regulations regarding the approval, or revocation thereof, of basic correctional training programs administered by municipalities; minimum courses of study, attendance requirements, and equipment and facilities to be required at approved correctional training programs; minimum qualifications for instructors at approved correctional training programs; and the requirements of a minimum basic correctional training program required by Executive Law section 837-a(9).

3. Needs and benefits: The Pre-Employment Corrections Training program is an alternative method of completing the Basic Course for Correction Officers. The program is conducted in two phases. Phase 1 is designed to be completed by a civilian; and phase 2 is completed after an individual successfully completes the initial or pre-employment phase and is appointed as a sworn corrections officer. In contrast, a conventional basic correctional course is completed in its entirety only by sworn corrections officers. However, the Pre-Employment Corrections Training program does not cover topics deemed appropriate only for sworn corrections officers, such as firearms training.

The Pre-Employment Corrections Training program would allow employers to hire an individual who has already completed a large portion of the basic course, thereby saving the employer considerable time and expenses associated with training the individual.

4. Costs:

a. There are no expected costs to regulated parties for the implementation of and continuing compliance with the rule.

b. There are no expected costs to the agency or State and local governments for the implementation of and continuing compliance with the rule.

c. The cost analysis is based on the fact that there are no new mandates and there will be fiscal relief. Use of a pre-employment corrections basic training course is not required and the determination to utilize this alternative method of training shall be within the discretion of each employer. In addition, the program would allow employers to hire an individual who has already completed a large portion of the basic course, thereby saving the employer considerable time and expenses associated with training the individual.

5. Local government mandates: None.

6. Paperwork: A municipality would be required to complete an application to become an approved pre-employment school, and a curriculum content form for review and approval by the Commissioner. In addition, the course director would be required to submit an initial roster at the commencement of the pre-employment training and a final roster at the conclusion of the pre-employment phase.

7. Duplication: There are no other federal or State legal requirements that duplicate the proposed rule.

8. Alternatives: SCOC was consulted on this matter and there are no alternatives.

9. Federal standards: There are no federal standards.

10. Compliance schedule: Regulated parties are expected to be able to achieve compliance with the proposed rule immediately.

A RFASBLG is not being submitted because the proposed rule would not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The rule would allow employers to hire an individual who has already completed a large portion of the Basic Course for Correction Officers, thereby saving the employer considerable time and expenses associated with training the individual.

A RAFA is not being submitted because the proposed rule would not impose any adverse impact on rural areas; or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. The rule would allow employers to hire an individual who has already completed a large portion of the Basic Course for Correction Officers, thereby saving the employer considerable time and expenses associated with training the individual.

A JIS is not being submitted because it is apparent from the nature and purpose of the proposed rule that it would not have a substantial adverse impact on jobs and employment opportunities. The rule would allow employers to hire an individual who has already completed a large portion of the Basic Course for Correction Officers, thereby saving the employer considerable time and expenses associated with training the individual.