ny-CCS-38-26-00003-P: Disciplinary Hearings

I.D. No. CCS-38-26-00003-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of Part 253 of Title 7 NYCRR. Statutory authority: Correction Law, sections 112 and 137 Subject: Disciplinary Hearings. Purpose: Clarify procedural provisions regarding witness requests and as- signment of assistants. 2 NYS Register/September 23, 2026 Text of proposed rule: Amendment of section 253.2 as follows: § 253.2 Non-English speaking and sensorially disabled [inmate]in- carcerated individuals A non-English speaking [inmate]incarcerated individual who can- not read and understand English must be given a translated notice of the charges and statements of evidence relied upon and reasons for ac- tions taken, and provided with a translator who shall be present at the hearing. A deaf or hard of hearing [inmate]incarcerated individual who uses sign language to communicate shall receive the assistance of a qualified sign language interpreter who shall be present at the hearing. A hard of hearing [inmate]incarcerated individual who uses an amplifier or other device as a reasonable accommodation must have the opportunity to use such device during the hearing. Amendment of section 253.4 as follows: The [inmate]incarcerated individual shall be provided with an as- sistant in accordance with the provisions of Subpart 251-4 of this Subchapter. Amendment of section 253.5 as follows: § 253.5 [Inmate]Incarcerated individual witnesses. (a) The [inmate]incarcerated individual may call witnesses on [his- ]their behalf provided their testimony is material, is not redundant, and doing so does not jeopardize institutional safety or correctional goals. If permission to call a witness is denied, the hearing officer shall give the [inmate]incarcerated individual a written statement stat- ing the reasons for the denial, including the specific threat to institu- tional safety or correctional goals presented. (b)Any witness shall be allowed to testify at the hearing in the pres- ence of the [inmate]incarcerated individual unless the hearing officer determines that so doing will jeopardize institutional safety or cor- rectional goals. Where an [inmate]incarcerated individual is not permitted to have a witness present, such witness may be interviewed out of the presence of the [inmate]incarcerated individual and such interview tape recorded. The recording of the witness’ statement is to be made available to the [inmate]incarcerated individual at the hear- ing unless the hearing officer determines that so doing would jeopar- dize institutional safety or correctional goals. (c) An [inmate]incarcerated individual may request a witness by [either: (1) informing his assistant or the hearing officer before the hear- ing; or (2) ] informing the hearing officer during the hearing. Amendment of section 253.6 as follows: 253.6 Method of determination. Upon receipt of a misbehavior report from the revie