New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter IV - Visitation
Part 201 - Visitation
Section 201.5 - Visitor appeal hearings
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 201.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Hearings.
(1) If a visitor requests a
hearing, the commissioner shall appoint a hearing officer from outside the
correctional facility to conduct the proceeding.
(2) The formal charge shall consist of the
superintendent's notice to the visitor.
(3) The visitor may be represented by
counsel.
(4) The visitor may call
witnesses on his or her behalf provided they are material, their testimony is
not redundant, and so doing does not jeopardize facility safety, security, and
the good order of the facility, or correctional goals.
(i) A visitor shall advise the hearing
officer of any witnesses the visitor intends to offer at the hearing no later
than five days prior to the hearing.
(ii) If permission to call a witness is
denied, the hearing officer shall provide a written statement of the reasons
for such denial, including the threat to the facility safety, security, the
good order of the facility, or correctional goals or why the proffered
testimony was immaterial or redundant.
(iii) Any witness shall be allowed to testify
at the hearing in the presence of the visitor unless the hearing officer
determines that so doing would jeopardize facility safety, security, the good
order of the facility, or correctional goals.
(a) If permission to be present during the
testimony of a witness is denied, the hearing officer shall provide a written
statement setting forth the reasons for such denial, including the threat to
facility safety, security, the good order of the facility, or correctional
goals.
(b) Where a visitor is not
permitted to have a witness present, such witness shall be interviewed out of
the visitor's presence and such interview recorded.
(c) The witness's statement is to be made
available to the visitor at the hearing unless the hearing officer determines
that so doing would jeopardize facility safety, security, the good order of the
facility, or correctional goals.
(d) If the witness's statement is not to be
made available, the hearing officer shall provide a written statement setting
forth the reasons for such denial, including the threat to facility safety,
security, the good order of the facility, or correctional goals.
(iv) A visitor may cross-examine
adverse witnesses unless the hearing officer determines that so doing will
jeopardize facility safety, security, the good order of the facility, or
correctional goals. If permission to cross-examine is denied, the hearing
officer shall provide a written statement stating the reasons for such denial,
including the threat to facility safety, security, the good order of the
facility, or correctional goals.
(v) The visitor shall be present at the
hearing unless he or she refuses to attend. The inmate shall be present at the
hearing if he or she is to be a witness, unless the hearing officer determines
so doing will jeopardize facility safety, security, the good order of the
facility, or correctional goals.
(a) If the
inmate is denied permission to attend the hearing, the hearing officer shall
provide a written statement setting forth the reasons for such denial,
including the threat to facility safety, security, the good order of the
facility, and correctional goals.
(b) If an inmate is denied permission to
attend the hearing as a witness, he or she shall be interviewed. The interview
shall be recorded and made available to the visitor at the hearing unless the
hearing officer determines that so doing would jeopardize facility safety,
security, the good order of the facility, or correctional goals. In such
instance, the hearing officer shall provide a written statement setting forth
the reasons for such denial, including the threat to facility safety, security,
the good order of the facility, and correctional goals presented.
(5) The hearing shall
be electronically recorded.
(6) The
hearing officer shall issue a written decision within 60 days of the completion
of the hearing. The decision of the superintendent shall be affirmed upon a
finding supported by a preponderance of the evidence. The hearing officer shall
set forth his or her decision in writing, stating the reasons therefore and the
evidence relied upon. Such decision shall be effective 60 days after issuance
unless appealed. The decision shall also notify the visitor and inmate of
appeal procedures.
(7) The visitor
may appeal the decision of the hearing officer to the commissioner. Such appeal
must be taken within 60 days of the date the decision was issued and must be in
writing.
(i) The commissioner shall issue a
written decision within 60 days of the filing of an appeal.
(ii) Such decision must contain a statement
of the reasons for the affirmance, modification, or reversal of the hearing
officer.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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