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N.Y. Correct. Law § 138

Institutional rules and regulations for incarcerated individuals at all correctional facilities

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 138. Institutional rules and regulations for inmates at all\ncorrectional facilities. 1. All institutional rules and regulations\ndefining and prohibiting inmates misconduct shall be published and\nposted in prominent locations within the institution and set forth in\nboth the English and Spanish language.\n 2. All inmates shall be provided with written copies of these rules\nand regulations upon admission to the institution and all inmates\npresently incarcerated in a correctional facility shall be provided with\nwritten copies of these rules and regulations.\n 3. Facility rules shall be specific and precise giving all inmates\nactual notice of the conduct prohibited. Facility rules shall state the\nrange of disciplinary sanctions which can be imposed for violation of\neach rule.\n 4. Inmates shall not be disciplined for making written or oral\nstatements, demands, or requests involving a change of institutional\nconditions, policies, rules, regulations, or laws affecting an\ninstitution.\n 5. No inmate shall be disciplined except for a violation of a\npublished and posted written rule or regulation, a copy of which has\nbeen provided the inmate.\n 6. All rules and regulations pertaining to inmates established by the\ndepartment of corrections and community supervision and all rules and\nregulations pertaining to inmates established by any institutional staff\nat any state correctional facility shall be reviewed annually by the\ncommissioner of the department of corrections and community supervision.\n
§ 138. Institutional rules and regulations for incarcerated\nindividuals at all correctional facilities. 1. All institutional rules\nand regulations defining and prohibiting incarcerated individuals\nmisconduct shall be published and posted in prominent locations within\nthe institution and set forth in both the English and Spanish language.\n 2. All incarcerated individuals shall be provided with written copies\nof these rules and regulations upon admission to the institution and all\nincarcerated individuals presently incarcerated in a correctional\nfacility shall be provided with written copies of these rules and\nregulations.\n 3. Facility rules shall be specific and precise giving all\nincarcerated individuals actual notice of the conduct prohibited.\nFacility rules shall state the range of disciplinary sanctions which can\nbe imposed for violation of each rule.\n 4. Incarcerated individuals shall not be disciplined for making\nwritten or oral statements, demands, or requests involving a change of\ninstitutional conditions, policies, rules, regulations, or laws\naffecting an institution.\n 5. No incarcerated individual shall be disciplined except for a\nviolation of a published and posted written rule or regulation, a copy\nof which has been provided the incarcerated individual.\n 6. All rules and regulations pertaining to incarcerated individuals\nestablished by the department of corrections and community supervision\nand all rules and regulations pertaining to incarcerated individuals\nestablished by any institutional staff at any state correctional\nfacility shall be reviewed annually by the commissioner of the\ndepartment of corrections and community supervision.\n 7. De-escalation, intervention, informational reports and the\nwithdrawal of incentives shall be the preferred methods of responding to\nmisbehavior unless the department determines that non-disciplinary\ninterventions have failed, or that non-disciplinary interventions would\nnot succeed and the misbehavior involved an act listed in subparagraph\n(ii) of paragraph (k) of subdivision six of section one hundred\nthirty-seven of this article, in which case, as a last resort, the\ndepartment shall have the authority to issue misbehavior reports, pursue\ndisciplinary charges, or impose new or additional segregated confinement\nsanctions.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.