§ 138 — Institutional rules and regulations for incarcerated individuals at all correctional facilities

New York § 138

• Jurisdiction: New York
• Law COR: Correction
• Art. 6: Management of Correctional Facilities

Text

§ 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