N.Y. Comp. Codes R. & Regs. tit. 9 § 7205.6
Current through Register Vol. 46, No. 41, October 9, 2024
Section 7205.6 - Commission determination(a) Following an application review pursuant to section 7205.5 of this Part, the commission shall render a determination. Such determination shall be in writing to the sheriff, warden, superintendent, local commissioner of correction or other person in charge of the facility, and shall signify the commission's decision to either deny approval of the agreement, approve the agreement as submitted, or approve the agreement subject to required amendments or modifications.(b) Any commission determination granting approval pursuant to subdivision (a) of this section shall pertain only to the submitted agreement. Any amendment, modification, renewal or extension of the agreement, other than amendments or modifications required as a condition of commission approval, shall require the submission of an application pursuant to the requirements of this Part.(c) Following a determination granting approval pursuant to subdivision (a) of this section, and at any time during the duration of the agreement, the commission may, for good cause, revoke such approval. The commission's determination to revoke approval of the agreement may be based upon the following considerations: (1) the effect the agreement has had upon the safety, security and good order of the facility;(2) the facility's inability to comply with the requirements of section 7205.3 of this Part; or(3) the current state of the facility, including, but not limited to: (i) inmate classification and capacity limitations;(iii) physical plant issues; or(iv) compliance with relevant laws and regulations.N.Y. Comp. Codes R. & Regs. Tit. 9 § 7205.6