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(b) and addition of section 100.131 to Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Chateaugay Correctional Facility.
Purpose:
To amend the designation and classification for Chateaugay Correctional Facility.
Text of proposed rule:
Subdivision (b) of section 100.126, in Title 7 NYCRR is hereby repealed and reserved.
A new section 100.131 is added to 7 NYCRR as follows:
§ 100.131 Chateaugay Correctional Facility
(a) There shall be in the department an institution to be known as Chateaugay Correctional Facility, which shall be located in the town of Chateaugay in Franklin County, New York, and which shall consist of the property under the jurisdiction of the department.
(b) Chateaugay Correctional Facility shall be a correctional facility for males 16 years of age and older.
(c) Chateaugay Correctional Facility shall be classified as a medium security correctional facility to be used as a general confinement facility.
Text of proposed rule and any required statements and analyses may be obtained from:
Anthony J. Annucci, Department of Correctional Services, 1220 Washington Ave., Albany, NY 12226-2050, (518) 457-4951, e-mail: AJAnnucci@Docs.State.ny.us
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
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 rule making 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
Chateaugay Correctional Facility no longer functions as an alcohol substance abuse treatment correctional annex, therefore the designation and classification is being amended to properly reflect the new purpose and for appropriate listing in Part 100 of Title 7 NYCRR.
Costs
a. To agency, the state and local governments: None.
b. Costs to private regulated parties: None. The proposed amendment does apply to private regulated parties.
c. This cost analysis is based upon the fact that this proposal merely amends the designation and classification of Chateaugay Correctional Facility as required by 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. Chateaugay 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 classification must also be changed pursuant to Correction Law section 70. The addition of section 100.131 is needed in order to properly designate Chateaugay Correctional Facility in Part 100 of Title 7 NYCRR.
Federal Standards
There are no minimum standards of the Federal government for this or a similar subject area.
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, recordkeeping or other compliance requirements on small businesses or local governments. This proposal merely amends the designation and classification of Chateaugay Correctional Facility.
Rural Area Flexibility Analysis
A rural area flexibility anaylsis is not required for this proposal since it will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on rural areas. This proposal merely amends the designation and classification of Chateaugay 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 Chateaugay Correctional Facility.
