10/15/14 N.Y. St. Reg. CCS-41-14-00007-P
Monterey Correctional Facility (CF), Chateaugay CF, Mt. McGregor CF, Butler CF
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 sections 100.66, 100.69, 100.70 and 100.131 of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Monterey Correctional Facility (CF), Chateaugay CF, Mt. McGregor CF, Butler CF.
Purpose:
To remove references to Correctional Facilities that are no longer in operation.
Text of proposed rule:
The Department of Corrections and Community Supervision repeals and reserves sections 100.66, 100.69, 100.70 and 100.131 of Title 7 NYCRR.
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, 1220 Washington Avenue - Harriman State Campus - Building 2, Albany, NY 12226-2050, (518) 457-4951, email:
Rules@Doccs.ny.govData, 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 and Community Supervision (DOCCS) has determined that no person is likely to object to the proposed action. The repeal of this section removes the reference to correctional facilities that were closed in 2014 as part of the DOCCs right-sizing plan. The plan for prison closures in New York State reflects the State's changing and declining inmate population, while recognizing the benefit of programs that provide alternatives to incarceration and supervised re-entry into society. Since these facilities are no longer in operation the references to them in the regulations are no longer applicable to any person. See SAPA Section 102(11)(a).
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 this proposed rulemaking is removing the reference to correctional facilities that have been closed in accordance with the law; since the correctional facility is no longer in operation the removal of the reference to it has no adverse impact on jobs or employment opportunities.
