N.Y. Comp. Codes R. & Regs. tit. 7 § 270.3

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

Section 270.3 - Tiers of disciplinary hearings

(a) The following tiers of disciplinary hearings serve the purpose of determining allegations of rule violations contained in misbehavior reports:

(1) Tier I - violation hearing; provided for in Part 252 of this Title;

(2) Tier II - disciplinary hearing; provided for in Part 253 of this Title; and

(3) Tier III - superintendent's hearing; provided for in Part 254 of this Title.

The facility review officer shall review the misbehavior report to consider the seriousness of the alleged violations and refer the report to the lowest appropriate disciplinary body (Tier Level) for action.

(b) incarcerated individuals involved in attempts or conspiracies to violate institutional rules of conduct, or as accessories to rule violations will be punishable to the same degree as violators of such rules. Incarcerated individuals may be cited for attempts, conspiracies or as accessories whether or not the text of an actual rule contains such terms. These terms have the following meanings:

(1) Attempt. Any act which constitutes a step in a course of conduct which would result in an act of misbehavior.

(2) Conspiracy. Agreement with one or more persons to engage in an act of misbehavior.

(3) Accessory. Providing assistance in any manner prior to, during or after a person commits an act of misbehavior.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 270.3

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020