DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CCS-35-12-00007-P
Queensboro Correctional Facility
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 100.83(c) of Title 7 NYCRR.
Statutory authority:
Correctional Law, sections 70 and 73
Subject:
Queensboro Correctional Facility.
Purpose:
Add the additional designation of residential treatment facility to the functions performed by Queensboro Correctional Facility.
Text of proposed rule:
Amend subdivision (c) of section 100.83, 7 NYCRR, as follows:
(c) Queensboro Correctional Facility shall be classified as a minimum security facility, to be used for the following functions:
(1) general confinement facility; and
(2) residential treatment facility. [-]
(3) [reserved]
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, 1220 Washington Avenue - Harriman State Campus - Building 2, 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
Statutory Authority
Sections 70 and 73 of the Correction Law require that the commissioner designate each correctional facility and residential treatment facility in the rules and regulations of the department.
Legislative Objective
By vesting the commissioner with this rulemaking authority, the legislature intended that each facility designation specify the facility name and location, gender and age range of the inmates, security level, and functions served.
Needs and Benefits
This proposal will add the additional designation of residential treatment facility, as set forth in Correction Law Section 73, to the functions performed by Queensboro Correctional Facility in order to provide a new, reintegration program to certain offenders who are technical parole violators, who have been returned to the Department's custody, and who are nearing rerelease. As set forth in Correction Law Section 2(6), a residential treatment facility is a correctional facility consisting of a community based residence in or near a community where employment, educational and training opportunities are readily available for persons who are on parole or conditional release and for persons who are or soon will be eligible for release on parole who intend to reside in or near that community when released. The Department intends to develop a new transitional reintegration program at Queensboro for certain technical parole violators who have been returned to the Department's custody for a technical rule violation, and who have a set release date. The technical parole violators to be part of the program will have been committed from the New York City area, Nassau, Suffolk, Westchester or Rockland Counties. The new program will aim to link these technical parole violators to community resources and services that are designed to promote their rehabilitation and successful transition back to their home communities, where they will again be placed on community supervision.
For a number of years, Queensboro had been designated as a residential treatment facility, but at the time it was used for an entirely different purpose; namely, for inmates who had been successful participants in the work release program, or who had successfully completed Phase I of the CASAT Program, as authorized by Correction Law Section 2(18). Queensboro was returned to its current exclusive use as a general confinement facility when these functions were assumed by other correctional facilities in New York City. To reflect its actual use at the time, in 2010, the Department repealed the designations for Queensboro, both as a residential treatment facility and as a work release facility. In order to implement this new program, it is necessary that Queensboro again be designated as a residential treatment facility, in addition to its present designation and use as a general confinement facility.
Costs
a. To regulated parties: None.
b. To agency, the state and local governments: It is anticipated that this pilot project will present a fiscal savings to the agency, the state and local governments.
c. Source of information: By diverting certain offenders into the Residential Treatment Facility following the issuance of a parole violation warrant, the offender will spend significantly less time in the local correctional facility. It will not be necessary for the offender to be held pending a final adjudication on the charged violation.
The Community Supervision Violator pilot project is also expected to have a significant cost savings for the agency and the state. When an offender agrees to participate in the pilot program, the agency will not incur the costs associated with either the preliminary or the final violation hearing. Furthermore, a period of 45-days of Residential Treatment Facility participation is, in most cases, going to be significantly shorter then the length of imprisonment associated with a revocation and return to custody.
Local Government Mandates
There are no new mandates imposed upon local governments by this proposal.
Paperwork
There are no additional reports or paperwork expected from this proposal.
Duplication
This proposed rule does not duplicate any existing State or Federal requirement.
Alternatives
No alternatives were considered as facility designations in the rules and regulations are required by Correction Law.
Federal Standards
There are no minimum standards of the Federal government for this or similar subject area.
Compliance Schedule
The Department of Corrections and Community Supervision will achieve compliance with the proposed rule 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 adds an additional function to the classification of Queensboro Correctional Facility.
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 adds an additional function to the classification of Queensboro Correctional Facility.
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 adds an additional function to the classification of Queensboro Correctional Facility.
