4/6/11 N.Y. St. Reg. COR-03-11-00011-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Renumbering of sections 254.6(b)(1)(ii)-(viii) to 254.6(b)(1)(iii)-(ix); and addition of section 254.6(b)(1)(ii) to Title 7 NYCRR.
Statutory authority:
Correction Law, section 112
Subject:
Mental state of an inmate at the time of a Superintendent's (Tier III) hearing.
Purpose:
To provide a designation that will indicate to the hearing officer that an inmate's mental health is at issue.
Text or summary was published
in the January 19, 2011 issue of the Register, I.D. No. COR-03-11-00011-P.
Final rule as compared with last published rule:
No changes.
Text of 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, The Harriman State Campus - Building 2, 1220 Washington Avenue - Albany, NY 12226-2050, (518) 457-4951, email:
Rules@docs.state.ny.usAssessment of Public Comment
Since publication of the Notice of Proposed Rule Making, (COR-03-11-00001-P) in the State Register on January 19, 2011, the Department of Correctional Services (DOCS) received one comment in the form of a joint letter signed by three legal advocacy organizations that represented inmates in the lawsuit Disability Advocates, Inc. v. New York State office of Mental Health, et al. The comment is summarized below, followed by the department's response:
Comment: The addition of the "S" designation trigger is supported as it would result in additional opportunities for OMH clinicians to provide input during the inmate disciplinary process with the hope that this input may result in a reduction in the number and duration of confinement sanctions imposed against seriously mentally ill inmates.
Response: The amended regulation strikes the appropriate balance by seeking to obtain confidential OMH input regarding an inmate's mental condition in the course of some additional Tier III inmate disciplinary proceedings, while still promoting an effective system of adjudication for alleged serious violations of the Standards of Inmate Behavior, in the interest of promoting safe and secure environments for inmates, staff and visitors.
