COR-01-10-00001-P Designation and Classification of Correctional Facilities

1/6/10 N.Y. St. Reg. COR-01-10-00001-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 1

January 06, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF CORRECTIONAL SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. COR-01-10-00001-P

Designation and Classification of Correctional Facilities

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 100.126 and add section 100.99 to Title 7 NYCRR.

Statutory authority:

Correction Law, section 70

Subject:

Designation and Classification of Correctional Facilities.

Purpose:

To repeal a regulation that is no longer necessary and to classify and designate an established correctional facility.

Text of proposed rule:

The Department of Correctional Services repeals and reserves section 100.126 of 7 NYCRR and adds a new section 100.99 to 7 NYCRR as indicated below:

Section 100.99 Hale Creek Correctional Facility.

(a) There shall be in the department an institution to be known as the Hale Creek Correctional Facility, which shall be located in the Town of Johnstown, Fulton County, New York.

(b) Hale Creek Correctional Facility shall be a facility for males 16 years of age or older.

(c) Hale Creek shall be classified as a medium security facility to be used as an alcohol and substance abuse treatment annex for the purpose of providing alcohol and substance abuse treatment, and as a general confinement 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 - Building 2 - State Campus, Albany, NY 12226-2050, [phone], email: [e-mail]

Data, 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 changes the designation of a correctional facility from section 100.126 to section 100.99 of 7 NYCRR and repeals a regulatory provision which is no longer applicable to any person. See SAPA section 102(11)(a).

Section 100.126 of 7 NYCRR designates certain correctional facilities as alcohol and substance abuse treatment correctional annexes which no longer exist in this section except for Hale Creek Correctional Facility. It has been determined by the Department to add a new section 100.99 to 7 NYCRR specifically for Hale Creek Correctional Facility resulting in section 100.126 being redundant and no longer necessary. Accordingly, the Department is concurrently adding a new section 100.99 to 7 NYCRR while repealing section 100.126, both of which describe the designation and classification of Hale Creek Correctional Facility. These actions do not change the form or function of Hale Creek Correctional Facility, therefore the rule makings have also been determined by the Department to be non-controversial (SAPA 102(11)(c)).

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 these proposed rules will have no adverse impact on jobs or employment opportunities since it merely changes the designation of a correctional facility from section 100.126 to section 100.99 of 7 NYCRR.