5/22/13 N.Y. St. Reg. CCS-21-13-00001-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 amend section 100.96 of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Edgecombe Residential Treatment Facility.
Purpose:
To add work release and residential treatment for females to Edgecombe Residential Treatment Facility.
Text of proposed rule:
Amend 100.96, 7 NYCRR, as follows: amend Section (b) and repeal Section (c)
(a) There shall be in the department a facility to be known as Edgecombe Residential Treatment Facility, which shall be located in the borough of Manhattan, City and State of New York, and which shall consist of the property under the jurisdiction of the department on the land and building at 611 Edgecombe Avenue, New York, NY 10032.
(b) Edgecombe Residential Treatment Facility shall be classified as a minimum security correctional facility for offenders[males] 16 years of age or older to be used for the following purposes.
(1) general confinement facility for males;
(2) residential treatment facility for males; and
(3) work release and residential treatment facility for females.
[(c) Edgecombe Residential Treatment Facility shall be classified as a minimum security correctional facility, to be used for the following functions:
(2) residential treatment facility; and
(3) general confinement facility.]
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, NYS Department of Corrections and Community Supervision, 1220 Washington Avenue - Harriman State Campus - Building 2, Albany, NY 12226-2050, (518) 457-4951, email:
Rules@doccs.ny.govData, 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 Corrections and Community Supervision has determined that no person is likely to object to the proposed action. See SAPA section 102(11)(a).
The proposed rule change amends 7 NYCRR § 100.96 to reflect the addition of work release and residential treatment program for females at Edgecombe Residential Treatment Facility. The Department’s authority resides in section 70 of Correction Law, which 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. See Correction Law § 70(6).
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 reflects the addition of work release and residential treatment program for females at Edgecombe Residential Treatment Facility.
