ny-CCS-38-26-00004-P: Cases of Incarcerated Individual Misbehavior

I.D. No. CCS-38-26-00004-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 251 of Title 7 NYCRR. Statutory authority: Correction Law, sections 112, 137 and 138 Subject: Cases of Incarcerated Individual Misbehavior. Purpose: Clarify standards for representation provided law students at disciplinary hearings. Text of proposed rule: Amend Section 251-1.1 as follows: All incidents of [inmate]incarcerated individual violations of rules and regulations, [inmate]incarcerated individual misbehavior and [inmate]in- carcerated individual failure or refusal to comply with an instruction given by an employee acting within the scope of [his]their official duties shall be handled as quietly and routinely as possible, giving due regard to danger to life, health, security and property. Amend Section 251-1.2, subdivision (d) as follows: (d) An employee shall not lay hands on or strike an [inmate]incarcer- ated individual unless the employee reasonably believes that the physical force to be used is reasonably necessary: for self-defense; to prevent injury to person or property; to enforce compliance with a lawful direction; to quell a disturbance; or to prevent an escape. Amend Section 251-1.2, subdivision (f), paragraph (1), subparagraph (iii)as follows: (iii) to prevent the escape of an [inmate]incarcerated individual from the correctional facility or from custody while in transit thereto or therefrom. Amend Section 251-1.3 as follows: An employee who has used physical force on an [inmate]incarcerated individual shall make a written report in prescribed form immediately to the superintendent. Amend Section 251-3.1, subdivision (a) as follows: (a) Every incident of [inmate]incarcerated individual misbehavior involving danger to life, health, security or property must be reported, in writing, as soon as practicable. Amend Section 251-3.1, subdivision (c), paragraph (2) as follows: (2) a reference to the [inmate]incarcerated individual rule book number allegedly violated by the [inmate]incarcerated individual, and a brief description of the rule; Amend Section 251-3.1, subdivision (c) paragraph (4) as follows: (4) when more than one [inmate]incarcerated individual was involved in an incident, the report should, to the extent practicable under the given circumstances, indicate the specific role played by each [in- mate]incarcerated individual. Where two or more incidents are involved, all of them may be incorporated into a single misbehavior report. However, each incident must be separately stated. Amend Subpart 251-4 Title as follows: SUBPART 251-4 [INMATE’S]INCARCERATED INDIVIDUAL’SASSISTANT Amend Section 251-5.2, subdivision (a) paragraph (2) as follows: (2) a law student, provided that an attorney, having good standing, admitted to practice in any state certifies to the department, in writing, that: [member of the law school’s faculty certifies to the