N.Y. Comp. Codes R. & Regs. tit. 7 § 110.1

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

Section 110.1 - Interpretation of age range provisions set forth in this chapter

(a) The age ranges set forth in this Chapter are basically indicators of inmate maturity level. In any case where an inmate is not within the age range specified for an institution, such inmate may nevertheless be confined therein upon specific written approval of the Director of Classification and Movement or his designee if said institution is deemed appropriate for the inmate's supervision or offers a program that can be of benefit to the health, care or rehabilitation of the inmate.

(b) Wherever the age range of persons who may be confined in an institution is specified in this Chapter, the following rules of interpretation shall apply:

(1) The age specifications are keyed to birthdates and a person no longer falls within the range specified when he has attained the oldest age set forth in the range. (For example, a person who has reached his 18th birthday shall not be considered to be between 16 and 18 years of age);

(2) Except in the case of reception centers, the age specifications are keyed to age as of admission to an institution, and an inmate who is admitted to an institution while within the age range specified in this Chapter may be confined therein notwithstanding the fact that he is older than the age range specified for the institution; and

(3) In the case of reception centers, the age specifications are keyed to age as of the date the sentence of imprisonment was imposed.

(c) In any case where an institution is designated as one that may be used for reception or confinement of persons who are 16 years of age, such institution also may be used for reception or confinement as the case may be of persons who are 15 years of age and who are received by the department pursuant to commitment by the Family Court or pursuant to transfer from another State agency.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 110.1