4/9/08 N.Y. St. Reg. COR-15-08-00001-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 repeal section 100.80(c)(5) and amend section 100.80(c)(3) and (4) of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 70 and 112
Subject:
Bedford Hills Correctional Facility.
Purpose:
To remove the reference to the unit for condemned persons (death row) from the directive in accordance with recent litigation.
Text of proposed rule:
The Department of Correctional Services seeks to repeal section 100.80(c)(5) of 7NYCRR and to amend sections 100.80(c)(3) and 100.80(c)(4) as follows:
(c) Bedford Hills Correctional Facility shall be classified as a maximum security correctional facility, to be used for the following functions:
(1) general confinement facility;
(2) reception center for all females committed to the custody of the department, by any court in this State, under indeterminate or determinate sentence.
(3) detention center; and
(4) diagnostic and treatment center[; and].
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, 1220 Washington Ave., Bldg. 2, State Campus, Albany, NY 12206-2050, (518) 457-4951, 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 action to repeal as the Department is merely ensuring the regulation is consistent with the ruling made by the New York State Court of Appeals in People v. Taylor, 9 N.Y.3d 129 (2007), which determined that the New York State death penalty sentencing statute enacted in 1995 violates the New York State Constitution on its face and it is not within the power of the judiciary to save the statute.
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.
