Department of Corrections and Community Supervision

Rules & Regulations

Payment of Costs for Prosecution of Certain Inmates and Certain Inmate-Patients

Date filed with the Department of State (DOS): 7/26/2017

DOS #: CCS-10-17-00002-A

Date adopted: 8/16/2017

Description:To amend the rule in accordance with Mental Hygiene Law and to update the agency name.

TEXT OF RULE:

STATE OF NEW YORK
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
ALBANY, NEW YORK

The Department of Corrections and Community Supervision is amending 7 NYCRR Part 410 as described below.

Amend subdivision 410.1(a), subdivision 410.1(b), paragraph 410.1(b)(1), repeal paragraph 410.1(b)(3), and amend paragraph 410.1(c) as indicated below:

Section 410.1 Statement of purpose.

(a) The purpose of this Part is to implement the provisions of section 606 of the Correction Law, [as amended by Chapter 824 of the Laws of 1985] and section 29.28 of the Mental Hygiene Law.

(b) Section 606 of the Correction Law and section 29.28 of the Mental Hygiene Law provide[s] for the payment of costs for the prosecution of inmates.

(1) When an inmate of an institution of the department is alleged to have committed an offense while an inmate of such institution, or when an inmate-patient as defined in section 29.27 of the Mental Hygiene Law in the Central New York Psychiatric Center who was committed from a department institution for care and treatment pursuant to the provisions of article sixteen of the correction law is alleged to have committed an offense in such facility while his or her underlying determinate or indeterminate sentence of imprisonment is still running, the State shall pay all reasonable costs for the prosecution of such offense, including but not limited to, costs for: a grand jury impaneled to hear and examine evidence of such offense, petit jurors, witnesses, the defense of any inmate or inmate patient financially unable to obtain counsel in accordance with the provisions of the County Law, the district attorney, the costs of the sheriff and the appointment of additional court attendants, officers or other judicial personnel.

(2) It shall be the duty of the board of supervisors of any county wherein such prosecution occurs to cause a sworn statement of all costs to be forwarded to the department. Upon certification by the department that such costs as authorized by this statute have been incurred, the department shall forward the proper vouchers to the State Comptroller. It shall be the duty of the Comptroller to examine such statement and to correct same by striking therefrom any and all items which are not authorized pursuant to the provisions of this section, and after correcting such statement, the Comptroller shall draw his warrant for the amount of any such costs in favor of the appropriate county treasurer, which sum shall be paid to said county treasurer out of any moneys appropriated therefore.

[(3) The department shall, after consultation with the Director of the Budget promulgate rules and regulations to carry out the provisions of this section.]

(c) Pursuant to the authority provided for in the Correction Law and the Mental Hygiene Law, this Part provides counties with guidelines concerning which costs associated with the prosecution and defense of a State inmate or inmate-patient are reimbursable by New York State. Provided, however, the Oneida County district attorney shall provide written notification to the commissioner of the department of any decision to go forward with the prosecution of an inmate-patient for an offense alleged to have been committed in the Central New York Psychiatric Center within thirty days of the filing of an accusatory instrument. The commissioner's designee shall acknowledge receipt of the notice and verify whether or not the individual is an inmate-patient as set forth in the Mental Hygiene Law. Department staff shall thereafter refrain from initiating any communication with the Office of the Oneida County District Attorney concerning such prosecution.

Amend section 410.2 as follows:

Section 410.2. Effective date.

Expenses incurred in connection with the prosecution for an offense alleged to have been committed in a Department institution on or after September 1, 1985, or expenses incurred in connection with the prosecution for an offense alleged to have been committed by an inmate-patient as defined in section 29.27 of the Mental Hygiene Law in the Central New York Psychiatric Center on or after July 24, 2011 shall be governed by the provisions of this Part.

Amend subdivision 410.3(a) by creating paragraph 410.3(a)(1), and by adding a new paragraph 410.3(a)(2) as follows:

Section 410.3. Reimbursable expenses.

(a) Counties will be reimbursed for reasonable expenses which are associated with the prosecution and defense of:

(1) State inmates alleged to have committed crimes while incarcerated ; or [. The following rules govern which county expenses are reimbursable by New York State.]

(2) inmate-patients committed from a department institution to the custody of the Office of Mental Health for care and treatment pursuant to the provisions of article sixteen of the correction law alleged to have committed crimes while hospitalized in the Central New York Psychiatric Center while the underlying determinate or indeterminate sentence of imprisonment was still running, provided however, that the written notification required by section 410.1(c) of this part was first sent to the commissioner of the department by the Oneida County district attorney.

Amend section 410.6 as follows:

Section 410.6. Records for reimbursement of expenses.

Counties shall keep and maintain complete books and records concerning any and all expenses for which the county seeks reimbursement pursuant to this Part. Such books and records shall be kept available for examination by authorized personnel of the Department of Corrections and Community Supervision [al Services] and the Office of the State Comptroller at all reasonable times at the county offices for six years from the date of payment.

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.