N.Y. Comp. Codes R. & Regs. tit. 7 § 251-3.1

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

Section 251-3.1 - Misbehavior report

(a) Every incident of inmate misbehavior involving danger to life, health, security or property must be reported, in writing, as soon as practicable.

(b) The misbehavior report shall be made by the employee who has observed the incident or who has ascertained the facts of the incident. Where more than one employee has personal knowledge of the facts, each employee shall make a separate report or, where appropriate, each employee shall endorse his/her name on a report made by one of the employees.

(c) The misbehavior report shall include the following:

(1) a written specification of the particulars of the alleged incident of misbehavior involved;

(2) a reference to the inmate rule book number allegedly violated by the inmate, and a brief description of the rule;

(3) the date, time and place of the incident;

(4) when more than one inmate was involved in an incident, the report should, to the extent practicable under the given circumstances, indicate the specific role played by each inmate. Where two or more incidents are involved, all of them may be incorporated into a single misbehavior report. However, each incident must be separately stated.

(d) All misbehavior reports shall also contain the following language:

(1) "You are hereby advised that no statement made by you in response to the charge, or information derived therefrom may be used against you in a criminal proceeding."

(2) "You will be permitted to call witnesses on your behalf provided that doing so does not jeopardize institutional safety or correctional goals."

(3) "If restricted pending a hearing for this misbehavior report, you may write to the Deputy Superintendent of Security or his/her designee prior to the hearing to make a statement on the need for continued prehearing confinement."

Note: Paragraphs (2) and (3) of this subdivision shall not be included in misbehavior reports used in connection with violation hearings.

(e) Employees of the Division of Parole and the Office of Mental Health may write misbehavior reports to the same extent as department employees.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 251-3.1