N.Y. Comp. Codes R. & Regs. tit. 7 § 254.5

Current through Register Vol. 46, No. 16, April 17, 2024

Section 254.5 - Inmate witness

(a) The inmate may call witnesses on his behalf provided their testimony is material, is not redundant, and doing so does not jeopardize institutional safety or correctional goals. If permission to call a witness is denied, the hearing officer shall give the inmate a written statement stating the reasons for the denial, including the specific threat to institutional safety or correctional goals presented.

(b) Any witness shall be allowed to testify at the hearing in the presence of the inmate unless the hearing officer determines that so doing will jeopardize institutional safety or correctional goals. Where an inmate is not permitted to have a witness present, such witness may be interviewed out of the presence of the inmate and such interview tape recorded. The recording of the witness' statement is to be made available to the inmate at the hearing unless the hearing officer determines that so doing would jeopardize institutional safety or correctional goals.

(c) An inmate may request a witness by either:

(1) informing his assistant of the hearing officer before the hearing; or

(2) informing the hearing officer during the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 254.5