11/23/11 N.Y. St. Reg. CCS-47-11-00002-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 100.69(c) of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Butler Correctional Facility.
Purpose:
Amend the text to remove reference to functions that are no longer operational at this correctional facility.
Text of proposed rule:
The Department of Corrections and Community Supervision proposes to amend section 100.69(c) of Title 7 NYCRR as follows:
Section 100.69 Butler Correctional Facility.
(a) There shall be in the department an institution to be known as the Butler Correctional Facility, which shall be located in the Town of Butler, Wayne County, New York.
(b) Butler Correctional Facility shall be a correctional facility for males 16 years of age or older.
(c) Butler Correctional Facility shall be classified as a medium security facility to be used as a general confinement correctional facility [classified as a dual purpose facility consisting of a minimum security compound and an adjacent medium security compound].
[(1) The minimum security compound shall be used as a general confinement facility.
(2) The medium security compound shall be used as an alcohol and substance abuse treatment 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, 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 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of this section removes the reference to functions that are no longer operational at a correctional facility and are no longer applicable to any person. See SAPA section 102(11)(a).
The proposed rule change amends 7 NYCRR § 100.69 to reflect that Butler Correctional Facility no longer has a minimum security compound. 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).
A job impact statement is not submitted because this proposed rulemaking will merely amend the regulation to be consistent with the current functions of Butler Correctional Facility; therefore it has no adverse impact on jobs or employment opportunities. Additionally, there is no adverse impact on jobs or employment.
