N.Y. Comp. Codes R. & Regs. tit. 9 § 7006.4

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

Section 7006.4 - Misbehavior reports

(a) When a staff member has a reasonable belief that an inmate has committed an offense that constitutes a violation of the facility's rules of inmate conduct, and such violation is not informally resolved, such staff member shall prepare a written misbehavior report.

(b) Each misbehavior report shall include:

(1) the name(s) of the inmate(s) charged with the misconduct;

(2) the date, time and place of occurrence;

(3) a description of the incident or behavior involved and the rule(s) allegedly violated;

(4) the date and time the report is written;

(5) the reporting staff member's printed name and signature.

(c) If two or more violations are involved, all may be incorporated in a single report, separately stated. Each violation shall be disposed of separately in accordance with facility policies and procedures.

(d) If more than one inmate is involved in any incident, the facts and circumstances surrounding each inmate's involvement shall be separately stated in the misbehavior report.

(e) The inmate charged with the violation shall be issued a copy of the misbehavior report as soon as practicable, but in no event later than 24 hours prior to a hearing based upon the incident giving rise to such report.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7006.4