10/5/11 N.Y. St. Reg. CCS-40-11-00002-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 amend section 100.70 of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Mount McGregor Correctional Facility.
Purpose:
To remove reference to a correctional facility and an inmate program that is no longer in operation.
Text of proposed rule:
The Department of Corrections and Community Supervision is amending section 100.70 of 7 NYCRR as indicated below:
§ 100.70. Mt. McGregor Correctional Facility.
(a) There shall be in the department a facility to be known as Mt. McGregor Correctional Facility, which shall be located at Wilton in Saratoga County, New York, and which shall consist of the property under the jurisdiction of the department at that location. [other than that property consisting of buildings 40 and 41, and dormitories E, F, G and J, and known as Camp Mt. McGregor.]
(b) Mt. McGregor Correctional Facility shall be a correctional facility for males 21 years of age or older.
(c) Mt. McGregor Correctional Facility shall be classified as a medium security facility, to be used as a general confinement facility. [for the following functions:]
[(1) work release facility; and]
[(2) general confinement facility.]
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, Harriman State Campus - Building 2, 1220 Washington Avenue, 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 Corrections and Community Supervision has determined that no person is likely to object to the proposed action. The amendment of this section removes the reference to a correctional facility and an inmate program that is no longer in operation. Since the facility and program is no longer in operation, the reference to them in the regulations is no longer applicable to any person.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 a correctional facility that was closed in accordance with the law, and it is also removing the reference to an inmate program that is no longer in operation at the remaining facility. The removal of the reference to the closed facility and non-existent program has no adverse impact on jobs or employment opportunities.
