N.Y. Comp. Codes R. & Regs. tit. 7 § 1700.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1700.8 - Payment

(a) Valuation and proper amount to be paid. The value of lost or destroyed property shall be a reasonable level of compensation, considering the age, condition, original cost and market value of the lost item(s). For damaged property, the value is the lower of: the cost to repair or restore the property to its condition at the time of loss; or the cost to replace the property considering its age and condition.

(1) The proper amount to be paid shall be no more than the reasonable value of the property.

(2) If the value of an item which the inmate was permitted to possess exceeds the limitations contained in department directives 4911, 4912, or 4913, then the proper amount to be paid for that item is no more than the amount of the applicable limitation. If the lost or damaged item was in the department's control because the inmate was not permitted to possess it, then the amount to be paid for the loss of the item may exceed the limitations of the directives.

(3) Items of sentimental or artistic value. It is not possible to evaluate the "sentimental value" of items such as personal photographs, writings, mementos, or the "artistic value" of personal artwork or handicrafts. Such items can only be evaluated for their intrinsic value unless there is some proof of actual market value such as an appraisal of a painting.

(4) Lost legal papers often have no value. If records in a criminal case are lost when there is no further right of appeal and no further use for them, then the records have no more than "sentimental value," that is, no value. If the lost legal papers can still be used, for example, in a pending or future legal proceeding, then the loss may be compensated by either replacing the papers or paying the reasonable cost to reproduce them. If an inmate can obtain replacement copies for no cost, then the lost papers have no value. If an inmate claims that there is a cost to reproduce the lost papers, then the inmate should produce an estimate for the cost to reproduce the lost papers, which normally should not exceed the cost shown in the bill for the original papers.

(5) All claims submitted which refer to artwork created by an inmate will be reimbursed only for the cost equal to the materials required to create the artwork.

(b) Amount of payment.

(1) The amount paid should not exceed the amount requested by the inmate. However, the reviewer may approve payment of an amount less than that requested by the inmate. If the inmate accepts an offer of a lesser amount, the claim will be processed for that amount. If the inmate does not respond to the offer within 14 days, it will be deemed a rejection of the offer and the claim will be considered closed.

(2) The amount of any payment must be reduced by the amount of any insurance payment or other compensation received from other sources by the inmate.

(3) The proper amount to be paid shall be further reduced by the percentage of the inmate's comparative liability.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1700.8