ny-CCS-38-26-00005-P: Superintendent’s Hearing

I.D. No. CCS-38-26-00005-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 254 of Title 7 NYCRR. Statutory authority: Correction Law, sections 112 and 137 Subject: Superintendent’s Hearing. Purpose: Revise description of authorized disciplinary sanctions to provide greater clarity. Text of proposed rule: Amend section 254.1 as follows: The person appointed to conduct the superintendent’s hearing shall be either the superintendent, a deputy superintendent, captain or commis- sioner’s hearing officer employed by the department’s central office, but the superintendent may, in [his or her]their discretion, designate an em- ployee who holds a title that has been approved by central office to conduct the proceeding. The following persons shall not be appointed to conduct the proceeding: a person who actually witnessed the incident; a person who was directly involved in the incident; the review officer who reviewed the misbehavior report, or a person who has investigated the incident. Prior to presiding over a superintendent’s hearing, the hearing officer shall receive training on relevant topics, including implicit bias and procedural due process rights. Amend section 254.2 as follows: § 254.2 Non-English speaking and sensorially disabled [inmate]incar- cerated individuals. A non-English speaking [inmate]incarcerated individual who cannot read and understand English must be given a translated notice of the charges and statements of evidence relied upon and reasons for actions 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.Ahard 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. Amend section 254.4 as follows: The [inmate]incarcerated individual shall be provided with an assistant in accordance with the provisions of Subpart 251-4 of this Subchapter. Amend section 254.5 as follows: § 254.5 [Inmate]Incarcerated individual witness. (a)The [inmate]incarcerated individual may call witnesses on [his]their NYS Register/September 23, 2026 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]incar- cerated individual a written statement stating the reasons for the denial, including the specific threat to institutional safety or correctional goals presented. (b)Any witness shall be allowed to testify at the hearing in the presence of the [inmate]incarcerated individual unless the hearing officer deter- mines that so doing will jeopard