COR-13-09-00003-P Alcohol and Substance Abuse Treatment Correctional Annexes (ASATCA)

4/1/09 N.Y. St. Reg. COR-13-09-00003-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 13

April 01, 2009

RULE MAKING ACTIVITIES

DEPARTMENT OF CORRECTIONAL SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. COR-13-09-00003-P

Alcohol and Substance Abuse Treatment Correctional Annexes (ASATCA)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Repeal of section 100.126(a) of Title 7 NYCRR.

Statutory authority:

Correction Law, section 70

Subject:

Alcohol and substance abuse treatment correctional annexes (ASATCA).

Purpose:

Amend designation of Marcy Correctional Facility.

Text of proposed rule:

Subdivision (a) of section 100.126 of Title 7 NYCRR is hereby repealed and reserved.

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, 1220 Washington Avenue - Building 2 - State Campus, 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.

Regulatory Impact Statement

The New York State Department of Correctional Services (DOCS) seeks to repeal subdivision (a) of section 100.126 of Title 7 NYCRR.

Statutory Authority

Section 70 of Correction Law 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 in Correction Law section 70(6).

Legislative Objective

By vesting the commissioner with this rulemaking authority, the legislature intended the commissioner to designate and classify correctional facilities in the best interest of the public safety and welfare as well as for the rehabilitation of the inmate population.

Needs and Benefits

Marcy Correctional Facility Annex no longer functions as an alcohol substance abuse treatment correctional annex (ASATCA), therefore the designation and classification is being amended to properly reflect that purpose. The former alcohol and substance abuse treatment correctional annex now houses a Residential Substance Abuse Treatment (RSAT) program, which is a function of the general confinement facility classification of Marcy Correctional Facility, per 7 NYCRR § 100.124.

Costs

a) To agency, the state and local governments: None.

b) Costs to private regulated parties: None. The proposed amendment does not apply to private parties.

c) This cost analysis is based upon the fact that this proposal merely amends the designation and classification of Marcy Correctional Facility as required by the Correction Law.

Local Government Mandates

There are no new mandates imposed upon local governments by these proposals. The proposed amendments do not apply to local governments. Marcy Correctional Facility is State funded and operated.

Paperwork

There are no new reports, forms or paperwork that would be required as a result of amending these rules.

Duplication

These proposed amendments do not duplicate any existing State or Federal requirement.

Alternatives

No alternatives are apparent and none have been considered. Due to the change in the facility purpose, the facility classification must also be changed pursuant to Correction Law section 70.

Federal Standards

There are no minimum standards of the Federal government for amending the designation of a correctional facility.

Compliance Schedule

The Department of Correctional Services will achieve compliance with the proposed rules immediately.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local governments. This proposal merely amends the designation and classification of Marcy Correctional Facility.

Rural Area Flexibility Analysis

A rural area flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on rural areas. This proposal merely amends the designation and classification of Marcy Correctional Facility.

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 amends the designation and classification of Marcy Correctional Facility.