New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 7. Department of Corrections and Community Supervision |
Chapter V. Procedures for Implementing Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances |
Subchapter A. Procedures for Implementing Standards of Inmate Behavior |
Part 251. Cases of Inmate Misbehavior |
Subpart 251-5. Timeliness |
Sec. 251-5.1. Timeliness
Latest version.
- (a) Where an incarcerated individual is placed in segregated confinement pending a superintendent's hearing, the hearing must be completed within five days of such placement in segregated confinement, unless the subject incarcerated individual requests a postponement for the purposes of seeking employee assistance and/or representation.(b) Requests to postpone the hearing must be submitted by the charged individual to the hearing officer, in person, at the individual’s first appearance before the hearing officer. Failure to appear will result in the waiver of any postponement request and the hearing will be held in the charged individual’s absence. Postponement requests will not be accepted by escorting officers or other departmental staff.