New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter V - Procedures For Implementing Standards Of Inmate Behavior And For Granting Good Behavior Time Allowances
Subchapter B - Procedures For Granting Good Behavior Allowances
Part 261 - Time Allowance Committees
Section 261.4 - Time allowance hearing
Current through Register Vol. 44, No. 51, December 21, 2022
(a) Where the committee has determined that there may be sufficient reason present after a review of the file not to recommend the granting of the total allowance authorized, other than time lost as the result of a superintendent's hearing, or upon direction of the superintendent pursuant to section 263.2(b) of this Title, the committee shall schedule a time allowance committee hearing to be held for the purpose of determining if sufficient reason is present not to recommend the granting of the total allowance authorized and to determine the amount of time to be recommended for allowance and the reasons for the recommendation.
(b) At least 48 hours prior to the time allowance hearing and for the purposes stated in subdivision (a) of this section, the chairman shall designate an employee to file and deliver to the inmate a formal notice of such hearing. The formal notice shall contain a written specification of the particulars that caused the time allowance committee to believe that there may be sufficient reason not to grant the total allowance authorized.
(c) The chairman of the time allowance committee shall designate an employee to furnish assistance to the inmate. Such employee shall be of the inmate's choice selected from a list established by the superintendent or any other employee upon approval of the superintendent.
(d) Such employee shall explain the nature of the hearing and the particulars specified in the formal notice. He also shall ask the inmate whether there is any factual matter that can be presented in his behalf and he shall investigate any reasonable factual claim that the inmate may make.
(e) A written report of the action taken and the results of the investigation, if any, including documentary evidence and witness statements shall be delivered to the chairman of the time allowance committee prior to the commencement of the special meeting.
(f) The time allowance committee shall reconsider the entire file of the inmate, shall interview the inmate, shall consider any factual matter brought to its attention by the inmate or the person designated to provide assistance to the inmate, and may in the committee's discretion interview any person who may have information relevant to the hearing.
(g) The time allowance committee shall advise the inmate of any factual circumstances that appear to support a determination not to recommend the granting of the total time allowance authorized, and shall afford him the opportunity to comment thereon and to make any statement he may care to submit in respect to his time allowance.
(h) Where the time allowance committee is satisfied, after hearing the inmate, that the record of the proceeding contains substantial evidence in support of a determination not to grant the total allowance authorized, they shall set the amount of time they will recommend to be withheld and shall so advise the superintendent as provided for in section 261.3(d) of this Part.
(i) In any case where the time committee is not satisfied, after considering all available evidence, that the record of the proceeding contained substantial evidence to support the determination not to grant the total allowance authorized, they shall recommend the granting of a total allowance authorized and shall so advise the superintendent as provided for in section 261.3(d) of this Part.
(j) A written report, including a statement of the reasons for the recommendation, shall be provided to the inmate following review by the superintendent and by the commissioner or his designee.