Department of Corrections and Community Supervision

Rules & Regulations

Inmate Personal Property Claims (Sections 1700.5 (d)(2) & 1700.10 of 7 NYCRR)

Date filed with the Department of State (DOS): 11/10/2010

DOS #: COR 45-10-00001

Date adopted: 2/16/2011

Description: To update the current oversight for DOCS Office of Inmate Claims and change the reporting period.

TEXT OF RULE

The department of correctional services proposes to make the following amendments to 7 NYCRR 1700:

Amend Section 1700.5 (d) (2) as follows:

(2) Claims over $1,000. All claims approved for over $1,000 must be reviewed and approved in sequence by the Superintendent, Division of [Program Services] Budget and Finance (Office of Inmate Accounts) and the Attorney General (AG). Upon final approval, the facility will process a voucher to the Office of the State Comptroller (OSC) for payment.

Amend Section 1700.10 as follows:

Facilities are required to provide annual [quarterly ]reports of inmate property claims to the Division of [Program Services] Budget and Finance, Office of Inmate Accounts. The annual [quarterly ]reports will [(]reflect[ing] the period[s] of April 1st [through June 30th, July 1st through September 30th, October 1st through December 31st, and January 1st] through March 31st [) will be cumulative] and will be due on the 15th of April [the month following] each year [quarter]. Reports shall include: inmate names and numbers; short descriptions of their losses; the dates of those losses; the amounts of the settlements; and claim approval dates.

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

The complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website.