1/13/10 N.Y. St. Reg. COR-02-10-00010-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to repeal section 100.83(c)(2) and (3) of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Queensboro Correctional Facility.
Purpose:
To repeal paragraphs from the regulation that describe functions that no longer apply to the correctional facility.
Text of proposed rule:
Section 100.83. Queensboro Correctional Facility.
a) There shall be in the department an institution to be known as Queensboro Correctional Facility, which shall be located at 47-04 Van Dam Street, Long Island City, County of Queens, New York, and which shall consist of the property under the jurisdiction of the department at that location.
(b) Queensboro Correctional Facility shall be a correctional facility for males 16 years of age or older.
(c) Queensboro Correctional Facility shall be classified as a minimum security correctional facility, to be used for the following functions:
(1) general confinement facility.[;]
[(2) work release facility; and]
[(3) residential treatment facility.]
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, New York State Department of Correctional Services, 1220 Washington Avenue - Harriman State Campus - Building 2, Albany, NY 12226-2050, (518) 457-4951, email:
Maureen.Boll@DOCS.state.ny.usData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Department of Correctional Services has determined that no person is likely to object to the proposed action because it merely removes two functions from a correctional facility that are no longer applicable to any person. See SAPA section 102(11)(a).
The proposed rule change amends 7 NYCRR § 100.83, to reflect that Queensboro Correctional Facility no longer serves as a work release or residential treatment facility. It continues to function as a general confinement facility and provides re-entry services for inmates. The Department’s authority resides in section 70 of Correction Law, which mandates that each correctional facility must be designated in the rules and regulations of the Department and assigns the Commissioner the duty to classify each facility with respect to the type of security maintained and the function as specified. See Correction Law § 70(6).
Job Impact Statement
A job impact statement is not submitted because the proposed rule making will have no adverse impact on jobs or employment opportunities since it merely removes functions from the correctional facility that no longer apply.
