8/10/11 N.Y. St. Reg. CCS-32-11-00007-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 sections 1704.5(b)(1) and 1704.8(c) of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 112 and 137
Subject:
Minimum Provision for Health and Morale.
Purpose:
To remove an employee title that no longer exists and to update an employee job title.
Text of proposed rule:
Amend paragraph 1704.5(b)(1) as indicated below:
(1) The items listed in subdivision (a) of this section will be replenished on an as-needed basis, the frequency to be determined by a reasonable period of time for consumption of the item and subject to review by the [block captain or ]issuing officer.
Amend subdivision 1704.8(c) as indicated below:
(a) Food must be nourishing and palatable, of a sufficient caloric intake as recommended by the Director of Nutritional Services.
(b) Variety in the weekly menu must be afforded.
(c) Inmates may refrain from eating those food items served to the general population which are contrary to their religious beliefs. An inmate may petition the directors of ministerial, family and volunteer, and nutritional services for provision of a nutritionally adequate alternative diet consistent with his or her religious beliefs.
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, The Harriman State Campus - Building 2, 1220 Washington Avenue, Albany, NY 12226-2050, (518) 457-4951, email:
Rules@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 Corrections and Community Supervision has determined that no person is likely to object to the proposed action. The amendments to Part 1704 remove the reference to an archaic term that no longer applies to any staff and update an employee job title. As such, the Department considers these changes to be technical or non-controversial in nature. See SAPA section 102(11)(c).
The Department’s authority resides in section 112 of Correction Law, which authorizes the Commissioner to promulgate rules and regulations for the management and control of the Department’s correctional facilities. See Correction Law § 112(1).
A job impact statement is not submitted because this proposed rulemaking is removing the reference to an outdated term that no longer applies to any staff and updates an employee job title. Therefore, it has no adverse impact on jobs or employment opportunities.
