N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-1.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 179-1.8 - Review of disposition

(a) Automatic review.

(1) The FDP disposition shall be reviewed by the deputy commissioner for rehabilitative services as the designee of the commissioner of the OCFS. This review shall ensure that the FDP was conducted in accordance with OCFS policy and facility procedures and that the disposition conforms to OCFS policy.

(2) A resident shall be advised in writing of the pending review and that (s)he may provide written comments regarding the matter. The resident's comments must be submitted to the facility director within seven days of the resident's receipt of the FDP disposition.

(3) At the end of the seven day period, the facility director shall ensure that the entire record of the FDP, including any written resident comments regarding the disposition, is immediately transmitted to the Division of Rehabilitative Services, Bureau of Classification and Movement. The facility director is responsible for notifying the Bureau of Classification and Movement of a pending parole or release date that falls within the timeframe for review.

(4) If a resident has lost good time as part of a FDP disposition, (s)he shall remain at a secure facility pending the outcome of the review or until the new conditional release date, as appropriate.

(b) Deputy commissioner for rehabilitative services action on review of FDP dispositions.

(1) The review of each FDP disposition shall be completed within 45 days of receipt of the FDP material and shall proceed as follows:

(i) A copy of the charge(s), the disposition and other written material relevant to the FDP shall be forwarded to the Bureau of Classification and Movement. The record of the FDP produced stenographically or by electronic recording device shall also be forwarded.

(ii) The Bureau of Classification and Movement shall review the materials for completeness, timeliness, clarity and compliance with this regulation within 15 days of receipt. If the material is incomplete or is not in compliance with regulation, the Bureau of Classification and Movement may return it to the facility for correction or may recommend to the deputy commissioner that the charge(s) be dismissed. If the material is complete and in compliance with this regulation, the Bureau of Classification and Movement shall forward it to the division of legal affairs for review.

(iii) The division of legal affairs shall review the materials within 15 days of receipt. The division of legal affairs shall transmit its recommendation for approval, modification or disapproval to the deputy commissioner for rehabilitative services.

(iv) The deputy commissioner for rehabilitative services shall confirm, reverse or modify the disposition of the FDP. Such decision by the deputy commissioner should be rendered within 15 days of receipt of the written material, and the resident so notified in writing. If the decision is to reverse or modify, the deputy commissioner shall give written reasons for such an action. Under no circumstances shall the deputy commissioner be required to review the same disposition more than once.

(c) Discretionary review by the facility director. At any time during which a penalty, other than loss of good time, imposed pursuant to a FDP is in effect, the facility director may reduce the penalty.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-1.8