N.Y. Comp. Codes R. & Regs. tit. 7 § 5.20

Current through Register Vol. 46, No. 51, December 18, 2024

Section 5.20 - Examination of inmate record by subject or his attorney

(a) An inmate or former inmate may request to inspect and copy that portion of his record to which he is entitled, either under article 6 of the Public Officers Law or under the access and review regulations of the Law Enforcement Assistance Administration, 28 CFR 20.21(g). A present inmate shall direct his request to the facility superintendent or his designee. A former inmate shall direct his request to the department's records access officer in accordance with section 5.11 of this Part.

(b) The above inspection and copying may be performed by an attorney representing an inmate or former inmate, with the consent of his client, or for good cause shown.

(c) An inmate who has been denied access to his records under this section may appeal such denial to the Counsel, Department of Correctional Services, Building 2, State Campus, Albany, NY 12226. Such appeal shall be in writing and shall set forth name and address (or facility) of the applicant, the specific records denied, the date of the request, the place of the request and, if known, the person denying such request and the date thereof. The counsel shall act on the appeal, as provided in section 5.45 of this Part, except that if access is requested pursuant to the Federal access and review regulations, the counsel need not forward copies of the appeal and decision to the Committee on Public Access to Records.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 5.20