N.Y. Comp. Codes R. & Regs. tit. 7 § 253.7

Current through Register Vol. 46, No. 19, May 8, 2024

Section 253.7 - Dispositions and mandatory surcharge

(a) Dispositions.

(1) Upon affirming a charge, the hearing officer may impose one or more of the following penalties:

(i) counsel and/or reprimand; and

(ii) any non-confinement sanction in accordance with departmental directive 4932.

(a) Restitution may be imposed for loss or intentional damage to property up to be made from an incarcerated individual's existing and future funds;

(b) 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 incarcerated individual's housing unit or other designated area. Incarcerated individuals given such disposition who are participating in a regular work assignment shall not be required to work more than 8 hours per day. The eight-hour limitation excludes such non-work assignments as educational or vocational school programming; and

(c) Forfeiture of money confiscated as contraband.

(2) As soon as possible, but not later than 24 hours after the conclusion of the hearing, the incarcerated individual shall be given a written statement of the disposition of the hearing. This statement shall set forth the evidence relied upon by the hearing officer in reaching his decision and also set forth the reasons for any penalties imposed.

(b)Mandatory disciplinary surcharge. Upon the conclusion of a disciplinary hearing wherein the incarcerated individual admits the charges, or where the hearing officer affirms one or more charges, a mandatory disciplinary surcharge in the amount of $5 shall be assessed automatically against the incarcerated individual.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 253.7

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

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023