Department of Corrections and Community Supervision

Rules & Regulations

Superintendent's Hearing (Section 254.6(b)(1)(ii) to 7 NYCRR)

Date filed with the Department of State (DOS): 03/17/2011

DOS #: COR-03-11-00011

Date adopted: 04/06/2011

Description: To add a new section 254.6(b)(1)(ii) to 7NYCRR that provides an “s” designation on the hearing record sheet to indicate to the hearing officer that the inmate’s mental health is at issue.

TEXT OF RULE

The Department of Correctional Services is renumbering sub-sections 254.6(b)(1)(ii)-254.6(b)(1)(viii) as 254.6(b)(1)(iii)-254.6(b)(ix) and is adding a new sub-section 254.6(b)(1)(ii) as indicated below:

(b) Mental state or intellectual capacity. When an inmate's mental state or intellectual capacity is at issue, a hearing officer shall consider evidence regarding the inmate's mental condition or intellectual capacity at the time of the incident and at the time of the hearing in accordance with this section.

(1) For the purposes of this section, an inmate's mental state shall be deemed at issue when:

(i) the inmate is classified as level 1 by the Office of Mental Health (OMH), as indicated on the hearing record sheet;

(ii) the inmate is designated as an “S” by OMH, as indicated on the hearing record sheet;

(iii) the inmate is charged with engaging in an act of self-harm in violation of rule 123.10 (section 270.2[B][23][i] of this Title), as indicated on the misbehavior report;

([ii]iv) the incident occurred while the inmate was being transported to or from the Central New York Psychiatric Center (CNYPC), as alleged in the misbehavior report;

([i]v) the inmate was an inpatient at the CNYPC within nine months prior to the incident, as indicated on the hearing record sheet;

(vi) the incident occurred while the inmate was assigned to an OMH satellite unit, or intermediate care program, as indicated on the hearing record sheet;

(vii) the incident occurred while the inmate was being escorted to or from an OMH satellite unit or intermediate care program, as alleged in the misbehavior report;

(viii) the hearing was delayed or adjourned, after an extension of time was obtained in accordance with section 251-5.1 of this Title, because the inmate became an inpatient at the CNYPC or was assigned to the OMH satellite unit; or

([vii]ix) it appears to the hearing officer, based on the inmate's testimony, demeanor, the circumstances of the alleged offense or any other reason, that the inmate may have been mentally impaired at the time of the incident or may be mentally impaired at the time of the hearing.

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.