N.Y. Comp. Codes R. & Regs. tit. 7 § 252.5

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

Section 252.5 - Dispositions at violation hearing

(a) Upon affirming a charge, the violation officer may impose any two of the following penalties to be served within a 13-day period. Penalties may be suspended for a period of 13 days:

(1) loss of all or part of recreation (game room, day room, television, movies, yard, gym, special events) for up to 13 days;

(2) loss of maximum of two of the following privileges: one commissary buy, excluding items related to the inmate's health and sanitary needs, withholding of radio for up to 13 days, withholding of packages for up to 13 days, excluding perishables that cannot be returned;

(3) the imposition of one work task per day other than a regular work assignment for a maximum of seven days, excluding Sundays and public holidays, to be performed on the inmate's housing unit or other designated area. Inmates given such disposition who are participating in a regular work assignment shall not be required to work more than eight hours per day. The eight-hour limitation excludes such non-work assignments as educational or vocational school programming; and

(4) counsel and/or reprimand.

(b) Following the violation hearing, the inmate shall receive a written statement indicating the penalty imposed as soon as possible, but not later than 24 hours after the conclusion of the hearing.

(c) Records of dispositions of violation hearings shall not be used for any purpose, except as follows:

(1) a violation officer shall have available records of an inmate's suspended and uncompleted dispositions when conducting a hearing with regard to the inmate; and

(2) In determining the appropriate level at which an inmate's misbehavior report should be handled, a review officer may consider descriptions of an inmate's charges and dispositions of violation hearings dated within 14 days of the review.

(d) All misbehavior reports for violation hearings are to be destroyed 14 days after the hearing is held. Dispositions for violation hearings shall not be made part of any inmate's institutional records.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 252.5