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 100.65; and add new section 100.65 to Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Correctional Camps.
Purpose:
To remove reference to correctional camps that have been closed and to remove a programmatic function.
Text of proposed rule:
The Department of Correctional Services repeals section 100.65 and adds a new section 100.65 to Title 7 NYCRR. The new section 100.65 is as follows:
§ 100.65 Correctional camps.
(a) There shall be in the department a correctional facility classified as a correctional camp for males between the ages of 16 and 35, which shall be known as Camp Georgetown. Exceptions regarding age ranges may be allowed pursuant to Part 110 of this Title.
(b) Camp Georgetown, is located near Georgetown in Madison County, New York, and consists of the property under the jurisdiction of the department at that location.
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, The Harriman State Campus - Building 2, 1220 Washington Avenue - Albany, NY 12226-2050, (518) 457-4951, email: Maureen.Boll@DOCS.state.ny.us
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. The repeal and addition of the new section simplifies the regulations by removing the reference to correctional camps that are no longer in operation and removes a programmatic function that is no longer provided. Since all but one of the camps are no longer in operation, and the programmatic function is no longer provided, the references to them in the regulation are no longer applicable to any person. See SAPA section 102(11)(a).
The cumulative effect of the proposed rule change serves to amend 7 NYCRR § 100.65, to reflect the closures of Camp Pharsalia, Camp Mt. McGregor and Camp Gabriels that were deemed necessary by the Commissioner due to a declining prison population and fiscal constraints. The remaining Correctional Camp, Camp Georgetown, no longer functions as a work release facility. It continues to function as a general confinement facility and provides community service opportunites for inmates. 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 three Correctional Camps that were closed in accordance with the law; therefore it has no adverse impact on jobs or employment opportunities. Additionally, there is no adverse impact on jobs or employment by the removal of the reference to one programmatic function that is no longer provided at the remaining camp.
