7/22/09 N.Y. St. Reg. COR-29-09-00005-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 300.1(c) of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 70 and 130
Subject:
Special Housing Units.
Purpose:
To remove the statement regarding Units for Condemned Persons and the Capital Punishment Unit, as they no longer apply to anyone.
Text of proposed rule:
The Department of Correctional Services repeals and reserves section 300.1(c) of Title 7 NYCRR.
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen Boll, Deputy Commissioner and Counsel, New York State Department of Correctional Services, 1220 Washington Avenue - Building 2 - State Campus, Albany, NY 12226-2050, (518) 457-4951, email:
Maureen.Boll@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 because it merely repeals regulatory provisions which no longer apply to any person. See SAPA 102(11)(a).
7 NYCRR 300.1(c) currently stipulates that for the purposes of this rule the Unit for Condemned Persons at Clinton and Bedford Hills Correctional Facilities and the Capital Punishment Unit at Green Haven Correctional Facility are not to be considered SHU's.
The New York State Court of Appeals in People vs. Taylor, 9 N.Y.3d 129 (2007), determined that the New York State death penalty sentencing statute enacted in 1995 violates the New York State Constitution on it's face and that it is not within the power of the judiciary to save the statute. Since then, the New York State Legislature has not passed a new death penalty statute. Accordingly, 7 NYCRR 100.15(d) which authorized Clinton Correctional Facility to be used to house male persons sentenced to death, 7 NYCRR 100.80(c)(5) which authorized Bedford Hills Correctional Facility to be used to house female persons sentenced to death and 7 NYCRR 100.21 which designated Green Haven Correctional Facility as the institution for the execution of the sentence of death have been repealed. Therefore, it is unnecessary to maintain this regulation.
The Department's authority resides in sections 70 and 130 of Correction Law. Section 70 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 section 70(6). Section 130 assigns the Commissioner the discretion to designate appropriate correctional facilities to receive any person convicted of any crime punishable by death. See Correction Law section 130.
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.
