N.Y. Comp. Codes R. & Regs. tit. 7 § 5.5

Current through Register Vol. 46, No. 24, June 12, 2024

Section 5.5 - Definitions

For the purpose of this Part:

(a) Correctional supervision history means records constituting disciplinary charges and dispositions, good behavior allowance reports, warrants and cancellations of warrants, legal papers, court orders, transportation orders, records of institutional transfers and changes in program assignments, reports of injury to inmates and records relating to inmate property including the personal property lists and postage account card.

(b) DCJS report means the summary case history prepared by the New York State Division of Criminal Justice Services.

(c) Department record means any record, statistic or other information collected, obtained and maintained by the department and information obtained in an official capacity by officers, employees or members thereof.

(d) Drug abuse and alcohol abuse records means those records relating to drug and alcohol abuse rehabilitation as defined in 42 USC 290 -dd-2 (1998) and 42 CFR 2.11(1995). The statute and regulation are incorporated by reference and are authored by the United States Department of Health and Human Services and published by the United States Government Printing Office, Washington, DC 20402. A copy is available for public inspection and copying at the Department of Correctional Services, Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050.

(e) Employee record means a department record pertaining to a departmental employee and constituting part of his personal history folder.

(f) Inmate means present or former inmate.

(g) Inmate record means a department record that pertains to an individual inmate. The documents and information contained in an inmate record include, but are not limited to, the commitment, the DCJS report, the presentence report as defined in C PL 390.30, the receiving blotter, personal history data, criminal history information, including correctional supervision history data, as defined in 28 CFR 20.3.

(h) Medical record means information that is created or received by a health care provider (including the department), health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse, and relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. The definition of inmate medical record does not include a health and/or psychiatric record, as defined in Mental Hygiene Law, section 33.13, created by or received from the New York State Office of Mental Health unless that record is physically incorporated into the Department of Correctional Services' medical record.

(i) Personal history means records consisting of inmate name, age, birthdate, birthplace, city of previous residence, physical description, occupation, correctional facilities in which the inmate has been incarcerated, commitment information and departmental actions regarding confinement and release.

(j) Workday means any day between the hours of 8 a.m. and 4 p.m., except Saturday, Sunday, a public holiday or a day on which the department is otherwise closed for general business.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 5.5