(a) There shall be in the department an institution to be known as Adirondack Adolescent Offender[Correctional] Facility, which shall be located in Essex County at Ray Brook, NY 12977, and which shall consist of the property under the jurisdiction of the department at that location.

(b) Such institution shall be an adolescent offender[correctional] facility for males 16 or 17 years of age [or older] at the time of their crime and at the time of sentencing.

(c) Adirondack Adolescent Offender[Correctional] Facility shall be used as a general confinement facility.[classified as a medium security facility, to be used for general confinement purposes.]

100.75 Hudson Adolescent Offender [Correctional] Facility/Hudson Work Release Facility.

(a) There shall be in the department an adolescent offender facility to be known as Hudson Adolescent Offender[Correctional] Facility, and a separate Hudson Work Release Facility, which shall be located in the City of Hudson, State of New York, and which shall consist of the property under jurisdiction of the department at that location.

(b) Hudson Adolescent Offender[Correctional] Facility shall be used as a [correctional facility] center for males and females who are[between the ages of] 16 [years] and [25]17 years of age at the time of their crime and at the time of sentencing. It shall also be used for general confinement of males and all females who are 16 and 17 years of age at the time of sentencing. The facility also has an Adolescent Offender Separation Unit (AOSU) for male youthful inmates and a separate AOSU location for females, who are 16 or 17 years of age at the time of sentencing and are serving disciplinary confinement sanction.

(c) Hudson Adolescent Offender[Correctional] Facility shall be used for the following functions:

(1) general confinement facility; and

(2) residential treatment facility.

(1) industrial training program; and

(2) work release facility.

[classified as a medium security correctional facility, to be used for the following functions:

(1) general confinement facility;

(2) work release facility; and

(3) residential treatment facility.]

1. Statutory Authority:

Article 6, section 77, subdivision 1 of the Correction Law provides that the State shall establish one or more facilities with enhanced security features and specially trained staff to serve the adolescent offenders (AO) sentenced to a determinate or indeterminate sentences for committing offenses on or after their sixteenth birthday who are determined to need an enhanced level of secure care in which the security, services and programs shall be managed by the Department of Corrections and Community Supervision with the assistance Office of Children and Family Services.

2. Legislative Objectives:

Establish facilities with enhanced security to serve AOs by changing the classification of certain facilities to comply with Article 6, Section 77, subdivision 1 of Correction Law.

3. Needs and Benefits:

Section 77 of the Correction Law sets forth the criteria for designating and operating AO facilities. Title 7, Chapter III, Parts 100.6 and 100.75 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) set forth the classification for the Adirondack and Hudson correctional facilities. Pursuant to Section 77 of the Correction Law, Hudson and Adirondack will be designated as AO facilities and require a change of their classification in 7 NYCRR, Parts 100.6 and 100.75 respectively. Currently, Adirondack is classified as a medium security facility housing males 16 years of age or older. The proposed rule change classifies Adirondack as a general confinement facility for males 16 or 17 years of age. Currently, Hudson is classified as a medium security facility for males between the ages of 16 years and 25 years and a general confinement; work release; and residential treatment facility. The proposed rule change classifies Hudson as a general confinement facility for males and female ages 16 or 17 years of age and a general confinement; residential treatment facility; and work release facility.

4. Costs:

(a) There are minimal costs anticipated with this proposed rule change associated with mandatory random drug testing of all employees assigned to these facilities. The estimated cost of the random drug testing is $5,100. This proposed rulemaking imposes no costs on any local agency.

(b) As the proposed rulemaking does not apply to private parties, no costs are imposed on private parties.

(c) This cost analysis is based on the Department’s requirement to randomly drug test the employees assigned to these facilities pursuant to Article 6, section 77, subdivision 1(c) of the Correction Law.

5. Local Government Mandates:

This rulemaking imposes no program, service, duty or responsibility on any county, city, town, village, school district, or other special district. It applies only to designated officials of the Department and the Office of Children and Family Services.

6. Paperwork:

This rulemaking will not add any new reporting requirements, including forms or other paperwork.

7. Duplication:

There is no overlap or conflict with any other legal requirements of the State or Federal government.

8. Alternatives:

There are no alternatives.

9. Federal Standards:

There are no federal standards that apply to the proposed rulemaking.

10. Compliance Schedule:

Compliance will be achieved upon the filing of a notice of emergency adoption.

A regulatory flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local governments. This proposal updates the minimum age of inmates from 16 to 18 at New York State Department of Corrections and Community Supervision correctional facilities, except at those facilities designated as adolescent offender facilities.

A Rural Area Flexibility Analysis is not being submitted with this notice since for the proposed rules will have no adverse impact upon rural areas, nor do the proposed rules impose any reporting, record keeping or other compliance requirements upon rural areas. This proposal updates the minimum age of inmates from 16 to 18 at New York State Department of Corrections and Community Supervision correctional facilities, except at those facilities designated as adolescent offender facilities.

The proposed rule will have no adverse impact upon jobs or employment opportunities and does not impose any additional reporting or recordkeeping. The proposed rule requires compliance with Corrections Law Section 77(c) regarding random drug testing of all employees.