DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CCS-31-13-00001-P
Temporary Release Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 1900.6(b) of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 112, 852 and 855
Subject:
Temporary Release Program.
Purpose:
To indicate that an inmate may appeal the decision of a facility Superintendent to deny a temporary release program application.
Text of proposed rule:
The Department of Corrections and Community Supervision is amending subdivision 1900.6(b) of 7 NYCRR as indicated below:
Section 1900.6. Appeal process.
(a) An inmate may appeal the following kinds of negative decisions:
(1) point scores;
(2) decision of TRC (including presumptive CASAT); and
(3) decision of central office reviewer.
(b) Inmates with a low-point score can only appeal the scoring of their applications to central office. Inmates with a low-point score and who have received an open date may appeal the scoring of their application to central office. Inmates with a low-point score and an open date who have been referred to the TRC can appeal on grounds 1-3, above, provided each ground is relevant to the case. An inmate may appeal a denial by the superintendent by submitting form 4145 and any pertinent information to the director of central office temporary release programs. An inmate has ten working days from the date of the notice of denial to submit his or her intent to appeal a decision of the superintendent. A perfected appeal must be received within 30 days of the disapproval decision. [Nonstatutory denials by the superintendent must be referred directly to the director of TRP for an automatic commissioner review. No appeal is necessary.]
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, Harriman State Campus - Building 2 - 1220 Washington Avenue, Albany, NY 12226-2050, (518) 457-4951, email: Rules@Doccs.ny.gov
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
Sections 112, 852 and 855 of Correction Law. Section 112 empowers the Commissioner of DOCCS to promulgate rules and regulations that are deemed necessary in order to maintain safe, secure and orderly operations within the Department that are not in conflict with any state statutes. Section 852 of Correction Law specifically empowers the Commissioner to promulgate rules and regulations to govern the Department’s temporary release programs with consideration for the safety of the community and the welfare of the inmate. Section 855 of Correction Law lists the rules and regulations that provide the procedures for the temporary release of inmates.
2. Legislative Objective
By vesting the Commissioner with the rulemaking authority as provided for in these sections of Correction Law, the legislature intended the Commissioner to promulgate such rules and regulations that provide fair and reasonable inmate eligibility criteria, application processing and release procedures for temporary release programs that are consistent with the Department’s mission to enhance public safety by providing programs and services that address the needs of inmates so they can return to their communities better prepared to lead successful and crime-free lives.
3. Needs and Benefits
This proposed rulemaking was determined to be necessary in order to reduce the administrative costs and burden that is associated with the automatic review of denials made by the facility Superintendent of inmate temporary release applications. Due to current Department staffing and limited resources, the automatic review of these denials is creating an unrealistic burden on staff to conduct the reviews in a timely manner. This rule does not limit an inmate’s ability to appeal such denial to Central Office, it simply places the impetus on the inmate to make the choice to submit an appeal if they choose to do so.
4. Costs
a. To agency, state and local government: No discernable costs are anticipated.
b. Cost to private regulated parties: None. The proposed rule changes do not apply to private parties.
c. This cost analysis is based upon the fact that the rule change is being made to cut down on administrative costs associated with the review of all temporary release program denials. No additional procedures or new staff are necessary to implement the proposed changes.
5. Paperwork
There are no new reports, forms or paperwork that would be required as a result of amending these rules.
6. Local Government Mandates
There are no new mandates imposed upon local governments by these proposals. The proposed amendments do not apply to local governments.
7. Duplication
These proposed amendments do not duplicate any existing State or Federal requirement.
8. Alternatives
DOCCS considered the alternative of not promulgating this rule. However, DOCCS decided that this rule making was important in order to attempt to reduce burden on staff that conduct the reviews and the associated administrative costs.
9. Federal Standards
There are no minimum standards of the Federal government for this or a similar subject area.
10. Compliance Schedule
The Department of Corrections and Community Supervision 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, record keeping or other compliance requirements on small businesses or local governments. This proposal is merely amending an internal procedure whereby an inmate must decide whether they wish to submit an appeal to a Superintendent’s denial of their temporary release program application.
Rural Area Flexibility Analysis
A rural area 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 rural areas. This proposal is merely amending an internal procedure whereby an inmate must decide whether they wish to submit an appeal to a Superintendent’s denial of their temporary release program application.
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 is merely amending an internal procedure whereby an inmate must decide whether they wish to submit an appeal to a Superintendent’s denial of their temporary release program application.
