N.Y. Comp. Codes R. & Regs. tit. 7 § 1700.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1700.6 - General principles

The following principles must be applied to the claim review process:

(a) Requirements. In order to approve payment of a claim for the loss, damage or destruction of an inmate's personal property, the reviewer must determine:

(1) that the inmate has made a timely claim;

(2) that the inmate has satisfactorily proved ownership or authorized possession of some or all of the property;

(3) that the department or its agents have been negligent and that such negligence caused the loss of some or all of the property;

(4) whether or not the inmate contributed to the loss of the property; and

(5) what is the proper amount to be paid.

(b) Timeliness issue. Section 1700.4 of this Part requires the inmate to report the loss as soon as possible after the discovery of the loss and to file the claim within five working days after the discovery of the loss. This timeframe should be interpreted with some flexibility. There may be extenuating circumstances that would call for discretion to excuse late filing, including:

(1) inmate was in transit at the time of the loss, in an outside hospital, enroute to a new facility, in restricted housing where access to required proof and forms may have been limited, and so on;

(2) inmate was ill or otherwise unable to pursue the claim;

(3) it was not clear whether or not any loss had taken place, for example, facility staff indicated that they were still checking to find the property in question in the package room, IRC Office, housing unit storage areas, etc.; or

(4) other unusual situations.

(c) Ownership or possession. The inmate must be able to prove ownership or possession of the items claimed in some reasonable fashion.

(1) In this regard copies of the following are acceptable:

(i) package room receipts;

(ii) mailroom receipts;

(iii) commissary receipts;

(iv) special purchase disbursements; or

(v) Form #2064, "Personal Property Transferred," and related records.

(2) Other appropriate proof may be accepted as long as it adequately describes the item and indicates authorized possession by the inmate claimant. The courts sometimes accept oral proof for good reasons; the department may do so too.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1700.6