COR-09-08-00002-P Standards of Inmate Behavior in all Facilities, Institutional Rules of Conduct and Inmate Correspondence Program

2/27/08 N.Y. St. Reg. COR-09-08-00002-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 9

February 27, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF CORRECTIONAL SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. COR-09-08-00002-P

Standards of Inmate Behavior in all Facilities, Institutional Rules of Conduct and Inmate Correspondence Program

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 sections 270.2(B)(14)(vi) and 720.8(a)(2) of 7 NYCRR.

Statutory authority:

Correction Law, sections 112 and 138

Subject:

Standards of inmate behavior in all facilities, institutional rules of conduct and Inmate Correspondence Program.

Purpose:

To increase the maximum allowable value of postage stamps that an inmate may possess.

Text of proposed rule:

Sections 270.2(B)(14)(vi) and 720.8(a)(2) of 7 NYCRR are hereby amended as follows:

(vi) 113.16 An inmate shall not be in possession of stamps in excess of $22.50[20] in value, money, credit card, credit card numbers, check or unauthorized valuable or property.

§ 720.8 Postage.

(a) Purchase/possession of stamps. (1) Inmates may not receive stamps through the mail or through inmate packages.

(2) The maximum value of stamps in an inmate's personal possession should not exceed $22.50[20].

Text of proposed rule and any required statements and analyses may be obtained from:

Anthony J. Annucci, Deputy Commissioner and Counsel, Department of Correctional Services, Bldg. 2, State Campus, Albany, NY 12226-2050, [phone], e-mail: [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 Correctional Services has determined that no person is likely to object to the proposed amendments as they merely increase the maximum value of postage stamps that an inmate may possess. The intent of this proposal is to accommodate the increase by the United States Postal Service in the price of a first class postage stamp to .41 cents. DOCS inmates are allowed to purchase up to 50 domestic first class stamps in accordance with Section 720.8 (a) (5) of 7 NYCRR, therefore it was necessary to increase the maximum value of postage stamps that an inmate may possess accordingly.

Job Impact Statement

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.