7/23/08 N.Y. St. Reg. COR-30-08-00003-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 100.21 of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 70 and 130
Subject:
Sentence of death to be carried out at Green Haven Correctional Facility.
Purpose:
To remove this regulation in accordance with recent litigation.
Text of proposed rule:
The Department of Correctional Services seeks to repeal section 100.21 of 7NYCRR for the reason stated in the consensus rulemaking statement.
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, Bldg. 2, State Campus, Albany, NY 12226-2050, (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 ensuring the consistency of 7NYCRR 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.
