Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENTSubtitle AA - STATE COMMISSION OF CORRECTIONChapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIESSubchapter A - MINIMUM STANDARDS AND REGULATIONS
Part 7006 - DISCIPLINE
Section 7006.8 - The disciplinary hearing

N.Y. Comp. Codes R. & Regs. tit. 9 § 7006.8

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 7006.8 - The disciplinary hearing
(a) An incarcerated individual charged with a violation in accordance with section 7006.4 of this Part shall receive a hearing within 15 business days of receipt of the misbehavior report. In the event an incarcerated individual is placed in segregated confinement pending a disciplinary hearing pursuant to subdivision (a) of section 7006.7 of this Part, a hearing shall occur as soon as reasonably practicable and at most within five (5) days of such placement, unless the charged individual seeks postponement of the hearing. The incarcerated individual shall be given at least 24 hours prior written notice of the hearing. A hearing shall be completed within five business days of its convening unless otherwise authorized by the chief administrative officer. The time frames required by this subdivision may be waived by the incarcerated individual, however, such waiver shall not be effective unless made in writing.
(b) The chief administrative officer shall appoint one or more impartial persons to serve as hearing officer or as members of a hearing panel during the disciplinary hearing. Prior to presiding over any hearings, a hearing officer shall undergo a minimum of thirty-seven hours of training, with one additional day of training annually thereafter, on relevant topics, including but not limited to, the physical and psychological effects of segregated confinement, procedural and due process rights of the accused, and restorative justice remedies.
(c) The incarcerated individual shall be allowed to be present at the hearing unless the individual has waived the right to be present or the hearing officer determines that the individual's presence will jeopardize the safety, security, or good order of the facility. A waiver of the right to be present shall be made in writing and signed by the incarcerated individual. If the incarcerated individual refuses to sign such waiver, it shall be so noted in the record. A hearing officer's determination that an individual's presence will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record. For any hearing in which segregated confinement is an authorized sanction upon a finding of guilt, the incarcerated individual shall be permitted to be represented by any attorney or law student, or by any paralegal or incarcerated individual unless the chief administrative officer reasonably disapproves of such paralegal or incarcerated person based upon objective written facility criteria.
(d) The incarcerated individual shall be allowed to be present at the hearing unless the individual has waived the right to be present or the hearing officer determines that the individual 's presence will jeopardize the safety, security, or good order of the facility. A waiver of the right to be present shall be made in writing and signed by the incarcerated individual . If the incarcerated individual refuses to sign such waiver, it shall be so noted in the record. A hearing officer's determination that an individual 's presence will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record. For any hearing in which segregated confinement is an authorized sanction upon a finding of guilt, the incarcerated individual shall be permitted to be represented by any attorney or law student, or by any paralegal or incarcerated individual unless the chief administrative officer reasonably disapproves of such paralegal or incarcerated person based upon objective written facility criteria.
(e) If the hearing officer calls witnesses, the inmate may submit questions directed toward such witnesses to the hearing officer. The hearing officer shall pose such questions to the witness if relevant and not redundant, and when doing so would not jeopardize the safety, security, or good order of the facility. The hearing officer may restate such question if it is unclear or in improper form. A hearing officer's determination that a particular question is irrelevant, redundant, or will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record.
(f) The inmate may be excluded from the hearing during the interview of witnesses in accordance with subdivision (e) of this section. The contents of such interview shall be provided to the inmate, except for such information that, if provided, would jeopardize the safety, security, or good order of the facility.
(g) No charges other than those contained in the misbehavior report shall be presented during the course of the hearing. Any additional charges brought against the inmate shall be treated as new charges and shall be subject to the requirements of this Part.
(h) A disposition shall be reached within five business days after conclusion of the hearing. The disposition shall be supported by substantial evidence and shall be in writing and shall contain the following:
(1) a finding of guilt or innocence on each charge of misbehavior;
(2) the evidence relied upon by the hearing officer in reaching such finding; and
(3) the sanction imposed, if any.

A copy of the disposition shall be provided to the inmate.

(i) Nothing contained in this Part shall preclude the use of plea bargaining.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7006.8

Amended New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022