N.Y. Comp. Codes R. & Regs. tit. 7 § 251-4.1

Current through Register Vol. 46, No. 15, April 10, 2024

Section 251-4.1 - Employee Assistance

(a) An incarcerated individual shall have the opportunity to request assistance from an employee, to be designated by the facility, who shall assist the incarcerated individual when a misbehavior report has been issued against the incarcerated individual if:

(1) the incarcerated individual is either illiterate or non-English speaking; or

(2) the incarcerated individual is sensorially disabled (in which case the incarcerated individual will be provided reasonable accommodations including, but not limited to, the provision of a qualified sign language interpreter for a deaf and hard of hearing incarcerated individual who uses sign language to communicate); or

(3) the incarcerated individual is placed in segregated confinement pending a superintendent's hearing to be conducted pursuant to Part 254 of this Title.

(b) In other cases where a misbehavior report has been issued, the review officer or hearing officer, in his absolute discretion, may offer an incarcerated individual the opportunity to seek employee assistance where such assistance would enable the incarcerated individual to adequately comprehend the case in order to respond to the charges.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 251-4.1

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