DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CCS-02-14-00003-P
Privileged Correspondence
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of section 721(a)(4) to Title 7 NYCRR.
Statutory authority:
Correction Law, section 112
Subject:
Privileged Correspondence.
Purpose:
Add the definition for "Rape Crisis Program."
Text of proposed rule:
The Department of Corrections and Community Supervision proposes to amend 7NYCRR Part 721 by adding the new Section 721.2(a)(4) as follows:
(4) Rape Crisis Program. Any local, state or national organization authorized to provide rape crisis services, victim advocacy services and emotional support services, including but not limited to organizations approved to provide such services in New York State by the Department of Health pursuant to Public Health Law § 206(15).
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, NYS Department of Corrections and Community Supervision, The Harriman State Campus - Building 2, 1220 Washington Avenue, Albany, NY 12226-2050, (518) 457-4951, email: Rules@doccs.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority
Section 112 of Correction Law. Section 112 grants the Commissioner the management and control of the Department’s correctional facilities, the inmates confined therein, and of all matters relating to the government, discipline and policing thereof. It also empowers the Commissioner to promulgate rules and regulations for the Department so long as they are not in conflict with the statutes of the sate.
2. Legislative Objective
By vesting the commissioner with the rulemaking authority as listed above, the legislature intended the commissioner to promulgate such rules and regulations that provide fair and consistent procedures with regard to guidelines for privileged correspondence.
3. Needs and Benefits
The revision is intended to assist the Department in meeting the national standards established pursuant to the Prison Rape Elimination Act (PREA) (42 USC § 15601 et seq.; Title 28 C.F.R. § 115.05 et seq.). Section 115.53(a) of the national PREA Standards requires that “the facility shall provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations…. The facility shall enable reasonable communication between inmates and these organizations and agencies, in as confidential a manner as possible.”
While DOCCS works to establish a rape crisis hotline that all offenders can access using the offender telephone system, incarcerated offenders should also have the ability to access other recognized victim advocacy or rape crisis organizations. This revision will enable incarcerated offenders to have meaningful access to these organizations.
4. Costs
a. To agency, state and local government: No discernable costs are anticipated.
b. Cost to private regulated parties: None. The proposed rule changes do not apply to private parties.
c. This cost analysis is based upon the fact that the rule changes merely clarify and expand upon previously established rules regarding privileged correspondence.
5. Paperwork
There is one Corrections and Community Supervision form letter that has been created (memorandum format on Department letterhead) to assist Department staff in verifying all of required documents from the program participants.
6. Local Government Mandates
There are no new mandates imposed upon local governments by these proposals. The proposed amendments do not apply to local governments.
7. Duplication
These proposed amendments do not duplicate any existing State or Federal requirement.
8. Alternatives
DOCCS considered the alternative of not promulgating the rule but decided that the rulemaking was necessary in order to ensure that the Department’s current privileged correspondence policy and procedure is appropriately reflected in the corresponding sections of 7 NYCRR.
9. Federal Standards
There are no minimum standards of the Federal government for this or a similar subject area.
10. Compliance Schedule
The Department of Corrections and Community Supervision will achieve compliance with the proposed rules immediately.
Regulatory Flexibility Analysis
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 is adding the definition of “Rape Crisis Center.”
Rural Area Flexibility Analysis
A rural area flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on rural areas. This proposal is adding the definition of “Rape Crisis Program.”
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This proposal is adding the definition of “Rape Crisis Program.”
