N.Y. Comp. Codes R. & Regs. tit. 7 § 254.7

Current through Register Vol. 46, No. 18, May 1, 2024

Section 254.7 - Dispositions and mandatory disciplinary surcharge

(a) Dispositions.

(1) Where the incarcerated individual admits the charges, or where the hearing officer affirms the charges on the basis of the evidence, the hearing officer may impose one or more of the following penalties:

(i) counsel and/or reprimand;

(ii) any non-confinement sanction in accordance with departmental directive 4932;

(a) A loss of visiting privileges may be imposed under this subparagraph for any confirmed charge;

A loss of visiting privileges with a specified visitor or visitors may be imposed where the misconduct involved only the incarcerated individual and the specified visitor or visitors. Where the misconduct was not limited to the specified visitor or visitors a loss of visiting privileges with all visitors may be imposed. Misconduct involving Unacceptable Physical Conduct during which other visitors were subjected to exposure is misconduct which is not limited to only the incarcerated individual and the specified visitor or visitors. Misconduct involving an attempt to introduce money, alcohol, marijuana, narcotic and other dangerous drugs, any item which is readily capable of being used to cause death or serious injury, or any item which may be used to aid in escape is misconduct which is not limited to only the incarcerated individual and the specified visitor or visitors;

A loss of visiting privileges may be imposed under this subparagraph only for the length of time specified in departmental directive 4932; and

The hearing officer may, within his or her discretion, limit an incarcerated individual to noncontact visiting in lieu of suspending all visiting privileges;

(b) Restitution may be imposed for loss or intentional damage to property up to be made from an incarcerated individual's existing and future funds;

(c) The imposition of one work task per day other than a regular work assignment for a maximum of seven days, excluding Sundays and public holidays, to be performed on the incarcerated individual's housing unit or other designated area. Incarcerated individuals given such disposition who are participating in a regular work assignment shall not be required to work more than 8 hours per day. The eight-hour limitation excludes such non-work assignments as educational or vocational school programming;

(d) Forfeiture of money confiscated as contraband; and

(e) Where applicable, removal from the elected inmate grievance resolution committee (IGRC) and/or loss of the privilege of participating as a voting member of the IGRC for a specified period of time.

(iii) segregated confinement for a specified period and

(iv) loss of a specified period of good behavior allowance ("good time"), subject to restoration upon substantial completion of the incarcerated individual's rehabilitation plan.

(2) As soon as possible, but not later than 24 hours after the conclusion of the hearing, the incarcerated individual shall be given a written statement of the disposition of the charges. This statement shall set forth the evidence relied upon by the hearing officer in reaching his decision; the reasons for any penalties imposed; if applicable, pursuant to section 254.6(b) of this Part, how the incarcerated individual's mental condition or intellectual capacity was considered; and, if applicable, pursuant to section 254.6(h) of this Part, how age affected this disposition.

(b)Mandatory disciplinary surcharge. Upon the conclusion of a superintendent's hearing wherein the incarcerated individual admits the charges, or where the hearing officer affirms one or more charges, a mandatory disciplinary surcharge in the amount of $5 shall be assessed automatically against the incarcerated individual.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 254.7

Amended New York State Register August 19, 2015/Volume XXXVII, Issue 33, eff. 8/19/2015

Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023