CMC-27-13-00011-P Agreements for Custody of Inmates from Other States

7/3/13 N.Y. St. Reg. CMC-27-13-00011-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 27

July 03, 2013

RULE MAKING ACTIVITIES

STATE COMMISSION OF CORRECTION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CMC-27-13-00011-P

Agreements for Custody of Inmates from Other States

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 7002.2 and 7205.2 of Title 9 NYCRR.

Statutory authority:

Correction Law, sections 45(6), (15) and 500-o

Subject:

Agreements for custody of inmates from other states.

Purpose:

To reconcile a recent statutory amendment regarding foreign-state inmates in the Albany County Correctional Facility.

Text of proposed rule:

Subdivision (a) of section 7002.2 of Title 9 is amended to read as follows:

(a) Prior to the admission of any prisoner, facility staff performing receiving and admissions functions shall examine the committing instrument or document which serves as the basis for the admission. Prisoners shall be admitted to a facility only when:

(1) an examination of available prisoner identification confirms that a prisoner's identity corresponds with any information accompanying such document;

(2) reasonable efforts have been made to confirm that the prisoner is of proper age for admission to a correctional facility in the State of New York. If the prisoner has not reached his or her 16th birthday, such prisoner shall not be admitted to the facility, except in accordance with section 304.1 of the Family Court Act or section 510.15 of the Criminal Procedure Law;

(3) reasonable efforts have been made to confirm that the commitment document bears the signature of a magistrate or other appropriate authority;

(4) it has been confirmed that the prisoner has been committed or otherwise authorized for admission to the receiving facility, and is not intended for commitment to another facility;

(5) it has been determined that the commitment document is not otherwise defective so as to render the admission of a prisoner unlawful; and

(6) an examination of the sentencing commitment, for eligible inmates of another state detained by agreement pursuant to Part 7205 of this Title, confirms that such inmate has been sentenced by a court of the other state to a term of imprisonment [in excess of ninety (90) days but no more than one (1) year] allowable pursuant to section 500-o of the Correction Law.

Subdivision (c) of section 7205.2 of Title 9 is amended to read as follows:

(c) Eligible inmate shall mean an inmate, sentenced by the court of another state, to a term of imprisonment [in excess of 90 days but no more than one (1) year] allowable pursuant to section 500-o of the Correction Law.

Text of proposed rule and any required statements and analyses may be obtained from:

Brian M. Callahan, Associate Attorney, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210, [phone], email: [e-mail]

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

1.) Statutory authority:

Subdivision (6) of section 45 of the Correction Law authorizes the Commission of Correction to promulgate rules and regulations establishing minimum standards for the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all person confined in the correctional facilities of New York State. Subdivision (15) of section 45 of the Correction Law allows the Commission to adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of its functions, powers and duties. Correction Law section 500-o provides that any agreement by a local correctional facility to provide custody of inmates from another state is subject to the approval of the Commission of Correction.

2.) Legislative objectives:

By vesting the Commission with this rulemaking authority, the Legislature intended the Commission to promulgate and maintain minimum standards which provide a mechanism and procedure by which a local correctional facility may submit and seek Commission approval of an agreement to provide custody of inmates of another state.

3.) Needs and benefits:

Effective September 23, 2011, a new Correction Law § 500-o was added to allow Sheriffs, Commissioners of Correction and other persons in charge of a local correctional facility to enter into an agreement with a correctional institution of another state to house inmates serving a sentence exceeding ninety (90) days but less than one year. L.2011, Ch. 573. Pursuant to the provisions of Correction Law § 500-o, any such agreement is subject to the approval of the Commission of Correction.

To provide a mechanism and procedure by which a local correctional facility may submit and seek Commission approval of such an agreement, and given the various and complicated issues surrounding such interstate agreements, including transportation, custody exchange and the provision of foreign state rights, the Commission promulgated applicable rules and regulations, effective July 3, 2012.

On August 17, 2012, Correction Law § 500-o was amended to allow the Albany County Correctional Facility to enter into such an agreement with a correctional institution of another state to house inmates serving a sentence exceeding ninety (90) days but less than two (2) years. L.2012, Ch. 433. Consequently, the Commission finds it necessary to amend its regulations to allow for such an agreement.

4.) Costs:

a. Costs to regulated parties for the implementation of and continuing compliance with the rule: None. By statute, a local correctional facility may, but is not required to, enter into an agreement with a correctional institution of another state to house inmates. The amendment will only reconcile a recent statutory amendment which allows the Albany County Correctional Facility to provide custody of inmates of another state for a period of up to two years.

b. Costs to the agency, the state and local governments for the implementation and continuation of the rule: None. The regulation does not apply to state agencies or governmental bodies. As set forth above in subdivision (a), there will be no additional costs to local governments.

c. This statement detailing the projected costs of the rule is based upon the Commission’s oversight and experience relative to the operation and function of a local correctional facility.

5.) Local government mandates:

None.

6.) Paperwork:

A local correctional facility’s decision to provide custody for inmates of another state is entirely voluntary, and thus this rule does not require any additional paperwork on regulated parties. The proposed rule seeks only to reconcile a recent statutory amendment which allows the Albany County Correctional Facility to provide custody of inmates of another state for a period up to two years.

7.) Duplication:

This rule does not duplicate any existing State or Federal requirement.

8.) Alternatives:

The alternative, maintaining no regulations regarding agreements for the custody of inmates of another state, was explored by the Commission. This alternative was rejected upon the Commission’s finding that the current regulation conflicts with a recent statutory amendment which allows the Albany County Correctional Facility to provide custody of inmates of another state for a period of up to two years.

9.) Federal standards:

There are no applicable minimum standards of the federal government.

10.) Compliance schedule:

Each county correctional facility is expected to be able to achieve compliance with the proposed rule immediately.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is not required pursuant to subdivision three of section 202-b of the State Administrative Procedure Act because the rule does not impose an adverse economic impact on small businesses or local governments. The proposed rule seeks only to reconcile a recent statutory amendment which allows the Albany County Correctional Facility to provide custody of inmates of another state for a period of up to two years. Accordingly, it will not have an adverse impact on small businesses or local governments, nor impose any additional significant reporting, record keeping, or other compliance requirements on small businesses or local governments.

Rural Area Flexibility Analysis

A rural area flexibility analysis is not required pursuant to subdivision four of section 202-bb of the State Administrative Procedure Act because the rule does not impose an adverse impact on rural areas. The proposed rule seeks only to reconcile a recent statutory amendment which allows the Albany County Correctional Facility to provide custody of inmates of another state for a period of up to two years. Accordingly, it will not impose an adverse economic impact on rural areas, nor impose any additional significant record keeping, reporting, or other compliance requirements on private or public entities in rural areas.

Job Impact Statement

A job impact statement is not required pursuant to subdivision two of section 201-a of the State Administrative Procedure Act because the rule will not have a substantial adverse impact on jobs and employment opportunities, as apparent from its nature and purpose. The proposed rule seeks only to reconcile a recent statutory amendment which allows the Albany County Correctional Facility to provide custody of inmates of another state for a period of up to two years. As such, there will be no impact on jobs and employment opportunities.