N.Y. Correction Law Section 138
Institutional rules and regulations for incarcerated individuals at all correctional facilities


1.

All institutional rules and regulations defining and prohibiting incarcerated individuals misconduct shall be published and posted in prominent locations within the institution and set forth in both the English and Spanish language.

2.

All incarcerated individuals shall be provided with written copies of these rules and regulations upon admission to the institution and all incarcerated individuals presently incarcerated in a correctional facility shall be provided with written copies of these rules and regulations.

3.

Facility rules shall be specific and precise giving all incarcerated individuals actual notice of the conduct prohibited. Facility rules shall state the range of disciplinary sanctions which can be imposed for violation of each rule.

4.

Incarcerated individuals shall not be disciplined for making written or oral statements, demands, or requests involving a change of institutional conditions, policies, rules, regulations, or laws affecting an institution.

5.

No incarcerated individual shall be disciplined except for a violation of a published and posted written rule or regulation, a copy of which has been provided the incarcerated individual.

6.

All rules and regulations pertaining to incarcerated individuals established by the department of corrections and community supervision and all rules and regulations pertaining to incarcerated individuals established by any institutional staff at any state correctional facility shall be reviewed annually by the commissioner of the department of corrections and community supervision.

7.

De-escalation, intervention, informational reports and the withdrawal of incentives shall be the preferred methods of responding to misbehavior unless the department determines that non-disciplinary interventions have failed, or that non-disciplinary interventions would not succeed and the misbehavior involved an act listed in subparagraph (ii) of paragraph (k) of subdivision six of § 137 (Program of treatment, control, discipline at correctional facilities)section one hundred thirty-seven of this article, in which case, as a last resort, the department shall have the authority to issue misbehavior reports, pursue disciplinary charges, or impose new or additional segregated confinement sanctions.

Source: Section 138 — Institutional rules and regulations for incarcerated individuals at all correctional facilities, https://www.­nysenate.­gov/legislation/laws/COR/138 (updated Apr. 1, 2022; accessed Dec. 21, 2024).

112
Powers and duties of commissioner relating to correctional facilities and community supervision
113
Absence of incarcerated individual for funeral and deathbed visits authorized
114
Rehabilitation programs for women
115
Fiscal accounts and records
116
incarcerated individuals’ funds
117
Estimates of expenses
118
Custody and supervision of persons in Westchester county correctional facilities
119
Daily report concerning incarcerated individuals
120
Custody and supervision of persons in correctional facilities
121
Private ownership or operation of correctional facilities
122
Control of fiscal transactions and recovery of debts
125
Incarcerated individuals’ money, clothing and other property
126
Punishment of superintendent for neglect of duty
130
Custody of incarcerated individual sentenced to death and commuted by governor
132
Retaking of an escaped incarcerated individual
133
Superintendent to report concerning incarcerated individual believed mentally ill when crime was committed
134
Religious dietary requirements
136
Correctional education
137
Program of treatment, control, discipline at correctional facilities
138
Institutional rules and regulations for incarcerated individuals at all correctional facilities
138‑A
Notification of visitation policies
139
Grievance procedures
140
Provision for routine medical, dental and mental health services and treatment
141
Contagious disease in facility
142
Fire in facility
143
Custody of persons convicted of crimes against the United States
146
Persons authorized to visit correctional facilities
147
Noncitizen incarcerated individuals of correctional facilities
148
Psychiatric and diagnostic clinics
149
Released incarcerated individuals

Accessed:
Dec. 21, 2024

Last modified:
Apr. 1, 2022

§ 138’s source at nysenate​.gov

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