CCS-05-12-00001-P Officials of the Department of Corrections and Community Supervision

2/1/12 N.Y. St. Reg. CCS-05-12-00001-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 5

February 01, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CCS-05-12-00001-P

Officials of the Department of Corrections and Community Supervision

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 50.1(c), (j), (u), (v) and (ai); repeal of section 50.1(af) and (ah); addition of section 50.1(q), (aj), (ak), (al), (am), (an) and (ao); and amendment of Part 50 of Title 7 NYCRR.

Statutory authority:

Criminal Procedure Law, sections 1.20(33) and 2.10(25)

Subject:

Officials of the Department of Corrections and Community Supervision.

Purpose:

To make revisions due to the merger of Correctional Services with the Division of Parole and other discretionary revisions.

Text of proposed rule:

The New York State Department of Corrections and Community Supervision is making the following changes to 7NYCRR. Amending the title of Part 50, and amending section 50.1. Amending subdivisions 50.1(c), (j), (u), (v), and (ai), repealing and reserving subdivisions 50.1(af) and (ah), and adding subdivisions 50.1(q), and 50.1(aj) through (ao) as indicated below.

PART 50 OFFICIALS OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION [STATE CORRECTIONAL FACILITIES]

Section 50.1. Definition.

In accordance with [For the purposes of ] Criminal Procedure Law, section 1.20, subdivision 33, and section 2.10, subdivision 25, the following are hereby designated as officials of the Department of Corrections and Community Supervision [State correctional facilities]:

(a) the commissioner;

(b) executive deputy commissioner;

(c) deputy commissioner and deputy commissioner & counsel;

(d) associate commissioner;

(e) Reserved;

(f) assistant commissioner;

(g) superintendents;

(h) deputy superintendents;

(i) chief of investigations;

(j) [correctional services] investigators;

(k) correction captains;

(l) correction lieutenants;

(m) correction sergeants;

(n) assistant chief of investigations;

(o) assistant deputy superintendents;

(p) community correction center assistants;

(q) correctional services training academy director;

(r) facility operations specialists;

(s) Reserved;

(t) coordinator, correctional services employee investigations;

(u) correctional services employee investigators;

(v) senior correctional services employee investigators;

(w) Reserved;

(x) correction officers assigned to a training academy in the department or the central office of the department;

(y) the director of the Correction Emergency Response Team (C.E.R.T.);

(z) first deputy superintendent;

(aa) director and assistant director of special housing and inmate disciplinary procedures;

(ab) institution safety officers;

(ac) Reserved;

(ad) correctional security technical services specialist;

(ae) director of human resources management;

(af) [correctional services internal auditor V;] Reserved;

(ag) director and assistant director of the crisis intervention unit;

(ah) [executive assistant to the commissioner; and] Reserved;

(ai) correctional services fire & safety coordinator;

(aj) senior warrant & transfer officer;

(ak) senior parole officer and senior parole officer special services;

(al) supervising parole officer and supervising parole officer special services;

(am) regional director parole operations;

(an) supervising regional director;

(ao) assistant deputy director parole operations;

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, The Harriman State Campus - Building 2 - 1220 Washington Ave, Albany, NY 12226-2050, [phone], email: [e-mail]

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 Corrections and Community Supervision has determined that no person is likely to object to the proposed action. The amendments to this section revise, remove, and add employee job titles to the listing of officials of State Correctional Facilities. Revisions to the title of Part 50 and section 50.1 were also determined to be necessary to accurately reflect the updated agency name due to the merger with the former Division of Parole. Since the law grants the Commissioner the discretion to determine this listing of officials and changes are necessary due to the mandated agency merger, the Department has determined that this rule making is technical or otherwise non-controversial in nature. See SAPA section 102(11)(c).

The Department’s authority resides in the Criminal Procedure Law, which authorizes the Commissioner of the Department of Corrections and Community pursuant to the rules of the Department, to designate officials of State correctional facilities and penal correctional facilities. See Criminal Procedure Law § 2.10(25). Additionally, the Correction Law authorizes the Commissioner to make such rules for the governance of officers and other employees, not in conflict with the statutes of the State, and in regard to the duties performed by them, for correctional facilities and community supervision. See Correction Law §§ 112(1) and 112(2).

Job Impact Statement

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This proposal reflects the changes to Department titles that the Commissioner has determined should be included in the listing of Officials of State Correctional Facilities.