2/7/07 N.Y. St. Reg. COR-06-07-00005-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 100.121 of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Cape Vincent Correctional Facility.
Purpose:
To amend specific inmate housing unit designations from program dorms to regular dorms.
Text of proposed rule:
Subdivision (c) of section 100.121 of Title 7, NYCRR is hereby amended and paragraph (1) and (2) of subdivision (c) and subdivision (d) of section 100.121 of Title 7, NYCRR is hereby repealed as follows:
§ 100.121 Cape Vincent Correctional Facility.
(a) There shall be in the department an institution to be known as Cape Vincent Correctional Facility, which shall be located in the Town of Cape Vincent in Jefferson County and which shall consist of property under the jurisdiction of the department.
(b) Cape Vincent Correctional Facility shall be a correctional facility for males 16 years of age or older.
(c) Cape Vincent Correctional Facility shall be classified as a medium security facility, to be used [for the following functions:] as a general confinement facility.
[(1) general confinement facility, and]
[(2) alcohol and substance abuse treatment facility.]
[(d) An approximate 400-bed annex/unit consisting of dorms C, D, E and F on the grounds of Cape Vincent Correctional Facility shall also be used as an alcohol and substance abuse treatment correctional annex.]
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, (518) 485-9613, e-mail:
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
The Department of Correctional Services has determined that no person is likely to object to the proposed rule as written as it merely changes the designations of four inmate housing units from alcohol and substance abuse treatment program dorms to regular housing dorms. While the alcohol and substance abuse treatment program is still available to inmates at Cape Vincent Correctional Facility, the overall reduction of the inmate population at this facility has reduced the number of inmate participants in this treatment program. The facility management requires discretion and flexibility in how the program is administered and the number of dorms required. This change is to make dorm designations consistent with other correctional facilities throughout the State and is non-controversial.
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 merely changes the program designations of some inmate housing units at Cape Vincent Correctional Facility.
