12/24/08 N.Y. St. Reg. COR-52-08-00002-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 repeal section 100.15(d) of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Clinton Correctional Facility.
Purpose:
To remove the reference to the Unit for Condemned Persons (death row) from the directive in accordance with recent litigation.
Text of proposed rule:
The Department of Correctional Services repeals and reserves section 100.15(d) of 7 NYCRR.
(c) Clinton Correctional Facility shall be classified as a maximum security correctional facility, to be used for the following functions:
(1) general confinement facility;
(2) reception center for males who are between 16 and 21 years of age, at the time of sentencing;
(3) reception center for males 21 years of age or older;
(5) diagnostic and treatment center.
[(d) Clinton Correctional Facility shall be used to house male inmates sentenced to death in the Unit for Condemned Persons (death row) until such inmates are transferred to Green Haven Correctional Facility for execution of such sentences of death within the Capital Punishment Unit (death house).]
Text of proposed rule and any required statements and analyses may be obtained from:
Anthony J. Annucci, Executive Deputy Commissioner, New York State Department of Correctional Services, 1220 Washington Avenue, Building 2 State Campus, Albany, NY 122206-2050, (518) 457-4951, email:
AJAnnucci@Docs.state.ny.usData, 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
In accordance with Correction Law section 70, the Commissioner of the Department of Correctional Services has the authority to designate and classify state correctional facilities. The ruling made by the New York State Court of Appeals in People v. Taylor, 9 N.Y.3d 129 (2007), determined that the New York State death penalty sentencing statute enacted in 1995 violates the New York State Constitution on its face and it is not within the power of the judiciary to save the statute. Therefore, the Department has determined that no person is likely to object to the adoption of this proposed rulemaking because it merely repeals regulatory provisions which are no longer applicable to any person (SAPA 102(11)(a)).
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.
