N.Y. Comp. Codes R. & Regs. tit. 7 § 256.1

Current through Register Vol. 46, No. 41, October 9, 2024
Section 256.1 - Alternative Disciplinary Resolution

The department may institute an Alternative Disciplinary Resolution (ADR) pilot program for incarcerated individuals who are awaiting a Tier II disciplinary hearing (Part 253) or a Tier III superintendent's hearing (Part 254) for non-serious offenses. Pursuant to the ADR program, an incarcerated individual shall have an opportunity to waive his or her right to a hearing and the appeal process in exchange for pleading guilty to one or more charges and/or penalties using the department's disciplinary sanction guidelines as referenced in section 270.2. The potential offer shall be discussed with the incarcerated individual by a designated member of the facility executive team. If an agreement is reached, it shall become final and binding and documented in a written instrument. An incarcerated individual's participation in the program shall be voluntary and he or she can reject an offer and proceed to a hearing. The ADR offer, and the incarcerated individual's statements or admissions made in connection with the ADR process shall not be admissible at the hearing and no staff member involved in the ADR process shall be a participant in the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 256.1

Adopted New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020