Title 7 Chapter III.pdf

CHAPTER IIIDesignation and Classication of Institutions andCommitment to the Department

PART 100DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES

(Statutory authority: Correction Law, 70, 71, 89, 112, 137, 138, 139, 652)

Historical NotePart ( 100.1-100.27) led July 1, 1968; renum. Part 5100, new added by renum. Part 200,

led Sept. 24, 1970 e. immediately.

100.1 Designation and classication of correctional facilities.The correctional facilities of the New York State Department of Correctional Services are

hereby designated and classied as provided in this Part.

Historical NoteSec. led July 1, 1968; renum. 5100.1, new added by renum. 200.1, led Sept. 24, 1970; re-

pealed, new led April 29, 1974 e. immediately.

100.2 - 100.4

Historical NoteSecs. led July 1, 1968; renum. 5100.2-5100.4, led Sept. 24, 1970 e. immediately.

100.5 Attica Correctional Facility.

(a) There shall be in the department an institution to be known as Attica Correctional Facil-ity, which shall be located at Attica in Wyoming County, New York, and which shall consist ofthe property under the jurisdiction of the department at that location.

(b) Such institution shall be a correctional facility for males of the ages set forth in subdivi-sion (c) of this section.

(c) Attica Correctional Facility shall be classied as a maximum security correctional facil-ity, to be used for the following functions:

(1) general connement facility for males 21 years of age or older; provided, however, thatmales between the ages of 16 and 21 may be placed therein for general connement purposesin accordance with Part 110 of this Title;

(2) detention center for males 16 years of age or older; and

(3) diagnostic and treatment center.

Historical NoteSec. led July 1, 1968; renum. 5100.5, new added by renum. 200.5, led Sept. 24, 1970;

amds. led: Aug. 31, 1973; Nov. 24, 1981; April 1, 1988 as emergency measure, expired 60days after ling; June 8, 1988 e. June 29, 1988. Amended (c).

100.6 Adirondack Correctional Facility.

(a) There shall be in the department an institution to be known as Adirondack CorrectionalFacility, which shall be located in Essex County at Ray Brook, NY 12977, and which shallconsist of the property under the jurisdiction of the department at that location.

(b) Such institution shall be a correctional facility for males 16 years of age or older.

(c) Adirondack Correctional Facility shall be classied as a medium security facility, to beused for general connement purposes.

Historical NoteSec. led July 8, 1970; renum. 5100.6, led Sept. 24, 1970; new led Oct. 8, 1981; amd.

led May 12, 2008 e. May 28, 2008. Amended (b).

100.6CHAPTER III DESIGNATION OF INSTITUTIONS

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100.7 Beacon Correctional Facility.

(a) There shall be in the department an institution to be known as Beacon Correctional Facil-ity, which shall be located on the site of the former Training Academy of the Fishkill Cor-rectional Facility (known as building 60), in the Town of Beacon, Dutchess County, New York.

(b) Beacon Correctional Facility shall be a minimum security correctional facility, to be usedas a general connement facility for females 16 years of age or older.

Historical NoteSec. led July 1, 1968; renum. 5100.7, led Sept. 24, 1970; new led: April 25, 1991 as

emergency measure; June 26, 1991 e. July 17, 1991.

100.8

Historical NoteSec. led July 1, 1968; renum. 5100.8, led Sept. 24, 1970; new led: Aug. 3, 1992 as

emergency measure; Oct. 5, 1992; repealed, led July 16, 2012 e. Aug. 1, 2012.

100.9

Historical NoteSec. led July 1, 1968; renum. 5100.9, led Sept. 24, 1970 e. immediately.

100.10 Auburn Correctional Facility.

(a) There shall be in the department an institution to be known as Auburn Correctional Facil-ity, which shall be located at Auburn in Cayuga County, New York, and which shall consist ofthe property under the jurisdiction of the department at that location.


(c) Auburn Correctional Facility shall be classied as a maximum security correctional facil-ity, to be used for the following functions:

(1) general connement facility for males 21 years of age or older; provided, however, thatmales between the ages of 16 and 21 may be placed therein for general connement purposesin accordance with Part 110 of this Chapter;




amds. led: Feb. 6, 1984; Oct. 31, 1984 e. Oct. 31, 1984. Amended (c)(3).

100.11

Historical NoteSec. led July 1, 1968; renum. 5100.11, led Sept. 24, 1970; new led Aug. 27, 1980; re-

pealed, led Oct. 31, 1984 e. Oct. 31, 1984.

100.12 - 100.14


100.15 Clinton Correctional Facility.

(a) There shall be in the department an institution known as Clinton Correctional Facilitywhich shall be located at Dannemora in Clinton County, New York, and which shall consist ofthe land and buildings formerly occupied by Clinton State Prison and the Dannemora StateHospital.

(b) Clinton Correctional Facility shall be a correctional facility for males 16 years of age orolder.

100.7

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(c) Clinton Correctional Facility shall be classied as a maximum security correctional facil-ity to be used for the following functions:

(1) general connement;

(2) reception center for males who are between 16 and 21 years of age, at the time ofsentencing;

(3) reception center for males 21 years of age or older;

(4) detention center; and



amds. led: Aug. 14, 1973; Dec. 29, 1976; Jan. 12, 1977; Jan. 26, 1981; Nov. 24, 1981; April1, 1988 as emergency measure, expired 60 days after ling; June 8, 1988; Oct. 31, 1990 asemergency measure; Jan. 8, 1991; Feb. 14, 1996; Feb. 23, 2009 e. March 11, 2009. Repealed(d).

100.16


repealed, led Aug. 31, 1973; new led July 25, 1975; amds. led: Nov. 16, 1977; Jan. 19,1978; April 27, 1981; repealed, led Nov. 24, 1981 e. Nov. 24, 1981.

100.17 - 100.19


100.20 Green Haven Correctional Facility.

(a) There shall be in the department an institution to be known as Green Haven CorrectionalFacility, which shall be located at Stormville in Dutchess County, New York, and which shallconsist of the property under the jurisdiction of the department at that location, except as providedin section 100.22 of this Part.


(c) Green Haven Correctional Facility shall be classied as a maximum security correctionalfacility, to be used for the following functions:

(1) general connement facility for males 21 years of age or older; provided, however, thatmales between the ages of 16 and 21 may be placed therein for general connement purposesin accordance with Part 110 of this Chapter; and

(2) detention center for males 16 years of age or older.


amds. led: Aug. 8, 1973; July 17, 1975 e. July 17, 1975. Repealed (c)(3).

100.21


amd. led Feb. 14, 1996; repealed, led Sept. 24, 2008 e. Oct. 15, 2008.

100.22


repealed, led Aug. 31, 1973 e. immediately.


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100.23 - 100.24


100.25 Sing Sing Correctional Facility.(a) There shall be in the department an institution to be known as Sing Sing Correctional Fa-

cility, which shall be located at Ossining in Westchester County, New York, and which shallconsist of the property under the jurisdiction of the department at that location.


(c) Sing Sing Correctional Facility shall be classied as a maximum security correctional fa-cility, to be used for the following functions:

(1) general connement facility for males 21 years of age or older; provided, however, thatmales between the ages of 16 and 21 may be placed therein for general connement purposesin accordance with Part 110 of this Chapter;




amds. led: Aug. 8 and 31, 1973; July 17, 1975; Dec. 29, 1976; Jan. 12, 1977; April 1, 1982;June 30, 1982; Jan. 4, 1984; June 10, 1985 e. June 10, 1985. Added (c)(3).

100.26


repealed, new led Aug. 31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.

100.27

Historical NoteSec. led July 1, 1968; renum. 5100.27, led Sept. 24, 1970; new led Aug. 31, 1973; amd.

led Nov. 24, 1978; repealed, led Nov. 24, 1981 e. Nov. 24, 1981.

100.30 Wallkill Correctional Facility.

(a) There shall be in the department an institution to be known as Wallkill Correctional Facil-ity, which shall be located in Ulster County, New York, and which shall consist of the propertyunder the jurisdiction of the department at that location.

(b) Such institution shall be a correctional facility for males 21 years of age or older; provided,however, that males between the ages of 16 and 21 may be placed therein for general conne-ment purposes in accordance with Part 110 of this Chapter.

(c) Wallkill Correctional Facility shall be classied as a medium security general conne-ment facility.

Historical NoteSec. added by renum. 200.30, led Sept. 24, 1970 e. immediately.

100.35 Elmira Correctional and Reception Center.

There shall be in the department a facility to be known as the Elmira Correctional and Recep-tion Center, which shall be located at Elmira in Chemung County, New York, and which shallconsist of the land and buildings formerly occupied by Elmira Correctional Facility and ElmiraReception Center. The Elmira Correctional and Reception Center shall be classied as amaximum security facility, to be used for the following functions:

(a) general connement facility for males 16 years of age or older;

(b) reception facility for males who are between 16 and 21 years of age at the time of sentenc-ing;

100.23

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(c) reception facility for males 21 years of age or older; and

(d) diagnostic and treatment center.

Historical NoteSec. added by renum. 200.35, led Sept. 24, 1970; amds. led: March 22, 1973; Aug. 31,

1973; Nov. 24, 1981; Feb. 6, 1984; April 1, 1988 as emergency measure, expired 60 days afterling; June 8, 1988; Oct. 31, 1990 as emergency measure; Jan. 8, 1991 e. Jan. 23, 1991.Amended (a)-(c).

100.40 Great Meadow Correctional Facility.

(a) There shall be in the department an institution to be known as Great Meadow CorrectionalFacility, which shall be located at Comstock in Washington County, New York, and which shallconsist of the property under the jurisdiction of the department at that location.


(c) Great Meadow Correctional Facility shall be classied as a maximum security correctionalfacility, to be used for the following functions:

(1) general connement facility for males 18 years of age or older; provided, however, thatmales between the ages of 16 and 18 may be placed therein for general connement purposesin accordance with Part 110 of this Chapter; and

(2) detention center for males 16 years of age or older.

Historical NoteSec. added by renum. 200.40, led Sept. 24, 1970; amd. led July 3, 1979 e. July 3, 1979.

Amended (c)(1).

100.45 Coxsackie Correctional Facility.

(a) There shall be in the department an institution to be known as Coxsackie Correctional Fa-cility, which shall be located at West Coxsackie in Greene County, New York, and which shallconsist of the property under the jurisdiction of the department at that location.

(b) Such institution shall be a correctional facility for males between the ages of 16 and 21;provided, however, that males over the age of 21 may be placed therein for general connementpurposes in accordance with Part 110 of this Chapter.

(c) Coxsackie Correctional Facility shall be classied as a maximum security correctional fa-cility, to be used for the following functions:

(1) general connement facility.

Historical NoteSec. added by renum. 200.45, led Sept. 24, 1970; amds. led: Oct. 6, 1975; Nov. 24, 1981;

Feb. 6, 1984; Oct. 27, 2008 e. Nov. 12, 2008. Amended (c).

100.50 Woodbourne Correctional Facility.

(a) There shall be in the department an institution to be known as Woodbourne CorrectionalFacility, which shall be located at Woodbourne in Sullivan County, New York, and which shallconsist of the property under the jurisdiction of the department at that location.

(b) Woodbourne Correctional Facility shall be a correctional facility for males 16 years ofage or older.

(c) Woodbourne Correctional Facility shall be classied as a medium security correctionalfacility, to be used for the following functions:

(1) general connement facility; and

(2) residential treatment facility.

Historical NoteSec. added by renum. 200.50, led Sept. 24, 1970; amds. led: Aug. 29, 1975; Feb. 6, 1984

e. Feb. 6, 1984. Amended (c).


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100.55 Eastern New York Correctional Facility.

(a) There shall be in the department an institution to be known as Eastern New York Cor-rectional Facility, which shall be located at Napanoch in Ulster County, New York, and whichshall consist of the property under the jurisdiction of the department at that location.

(b) Eastern New York Correctional Facility shall be classied as a maximum security cor-rectional facility, to be used as a general connement facility for males 16 years of age or older.

Historical NoteSec. added by renum. 200.55, led Sept. 24, 1970; amds. led: Aug. 31, 1973; Nov. 24,

1978; July 3, 1979; Nov. 24, 1981 e. Nov. 24, 1981. Amended (b).

100.56

Historical NoteSec. added by renum. 200.56, led Sept. 24, 1970; repealed, led Aug. 31, 1973; new led

July 3, 1979; repealed, led Dec. 28, 1981 e. Dec. 28, 1981.

100.60


April 25, 1976; amds. led: Dec. 11, 1980; March 31, 1992 as emergency measure; June 25,1992 as emergency measure e. June 25, 1992; June 25, 1992; repealed, led July 16, 2012e. Aug. 1, 2012.

100.65

Historical NoteSec. added by renum. 200.65, led Sept. 24, 1970; repealed, new led Aug. 31, 1973; amds.

led: July 25, 1975; Sept. 10, 1975; Aug. 17 and 31, 1976; Nov. 4, 1976; Feb. 3, 1978; Nov.24, 1978; March 21, 1979; Oct. 8, 1981; Nov. 24, 1981; Dec. 28, 1981; Aug. 12, 1982; Aug.17, 1984; May 4, 1989 as emergency measure; July 18, 1989; Jan. 31, 1991 as emergencymeasure; April 15, 1991; April 25, 1991 as emergency measure; June 26, 1991; Jan. 10, 1997;repealed, new led Feb. 9, 2011; repealed, led July 16, 2012 e. Aug. 1, 2012.

100.66 Monterey Correctional Facility.

(a) There shall be in the department a facility to be known as Monterey Correctional Facility,which shall be located near Beaver Dams in Schuyler County, New York, and which shall consistof the property under the jurisdiction of the department at that location.

(b) Monterey Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Monterey Correctional Facility shall be classied as a minimum security correctional fa-cility, to be used as a shock incarceration and general connement facility.

Historical NoteSec. led: Sept. 11, 1987 as emergency measure, expired 60 days after ling; Dec. 1, 1987

e. Dec. 16, 1987.

100.67

Historical NoteSec. led: Sept. 11, 1987 as emergency measure, expired 60 days after ling; Dec. 1, 1987;

amds. led: Aug. 3, 1988 as emergency measure, expired 60 days after ling; Nov. 10, 1988;May 15, 1992 as emergency measure; July 17, 1992; repealed, led July 16, 2012 e. Aug. 1,2012.

100.68 Moriah Correctional Facility.

(a) There shall be in the department an institution to be known as Moriah Correctional Facil-ity, which shall be located in the Towns of Moriah and Elizabethtown, Essex County, New York.

(b) Moriah Correctional Facility shall be a correctional facility for males 16 years of age orolder.

100.55

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(c) Moriah Correctional Facility shall be classied as a minimum security correctional facil-ity, to be used as a shock incarceration and general connement facility.

Historical NoteSec. led: Feb. 9, 1989 as emergency measure; April 27, 1989; May 4, 1989 as emergency

measure e. May 10, 1989.

100.69 Butler Correctional Facility.

(a) There shall be in the department an institution to be known as the Butler Correctional Fa-cility, which shall be located in the Town of Butler, Wayne County, New York.

(b) Butler Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Butler Correctional Facility shall be classied as a medium security facility to be used asa general connement correctional facility.

Historical NoteSec. led: May 2, 1989 as emergency measure; July 26, 1989 as emergency measure; Aug.

29, 1989; amds. led: July 27, 1993 as emergency measure, expired 90 days after ling; Oct.26, 1993 as emergency measure; Oct. 26, 1993; Dec. 23, 1998; Feb. 22, 2012 e. March 14,2012. Amended (c).

100.70 Mt. McGregor Correctional Facility.

(a) There shall be in the department a facility to be known as Mt. McGregor Correctional Fa-cility, which shall be located at Wilton in Saratoga County, New York, and which shall consist ofthe property under the jurisdiction of the department at that location.

(b) Mt. McGregor Correctional Facility shall be a correctional facility for males 21 years ofage or older.

(c) Mt. McGregor Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.

Historical NoteSec. added by renum. 200.70, led Sept. 24, 1970; repealed, new led Sept. 7, 1972; amd.

led Aug. 14, 1973; repealed, led July 25, 1975; new led Nov. 4, 1976; amds. led: March21, 1979; Nov. 9, 1979; Nov. 24, 1981; Aug. 17, 1984; Dec. 13, 2011 e. Dec. 28, 2011.

Amended (a), (c).

100.71


Dec. 16, 1977; amds. led: Nov. 24, 1981; Dec. 1, 1987 as emergency measure; repealed, ledJuly 16, 2012 e. Aug. 1, 2012.

100.72 Otisville Correctional Facility.

(a) There shall be in the department an institution to be known as the Otisville CorrectionalFacility, which shall be located in Otisville, Orange County, New York.

(b) Otisville Correctional Facility shall be classied as a medium security facility for males16 years of age or older.

Historical NoteSec. led Dec. 16, 1977; amds. led: Nov. 24, 1981; April 1, 1982 e. April 1, 1982.

Amended (b).

100.73

Historical NoteSec. led: Aug. 1, 1989 as emergency measure; Oct. 2, 1989; amds. led: June 20, 1990 as

emergency measure; Sept. 4, 1990; May 15, 1992 as emergency measure; July 17, 1992; re-pealed, led July 26, 2007 e. Aug. 15, 2007.


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100.74 Ulster Correctional Facility.(a) There shall be in the department an institution to be known as Ulster Correctional Facil-

ity, which shall be located in the Town of Wawarsing, Ulster County, New York.

(b) Ulster Correctional Facility shall be classied as a medium security correctional facilityto be used for the following purposes:

(1) general connement facility for males 16 years of age or older;

(2) detention center;

(3) reception center for males between 16 and 21 years of age at the time of sentencing;and

(4) reception center for males 21 years of age or older.

Historical NoteSec. led: Sept. 6, 1990 as emergency measure; Oct. 31, 1990 as emergency measure; Jan.

8, 1991 e. Jan. 23, 1991.

100.75 Hudson Correctional Facility.(a) There shall be in the department a facility to be known as Hudson Correctional Facility,

which shall be located in the City of Hudson, State of New York, and which shall consist of theproperty under jurisdiction of the department at that location.

(b) Hudson Correctional Facility shall be a correctional facility for males between the ages of16 years and 25 years.

(c) Hudson Correctional Facility shall be classied as a medium security correctional facility,to be used for the following functions:

(1) general connement facility;

(2) work release facility; and


Historical NoteSec. added by renum. 200.75, led Sept. 24, 1970; repealed, led March 22, 1973; new led

Nov. 4, 1976; amds. led: May 26, 1977; April 1, 1982; Sept. 20, 1983; Jan. 29, 1991 as emer-gency measure; April 15, 1991 e. May 1, 1991; April 29, 1991 as emergency measure e.April 29, 1991.

100.76 Gouverneur Correctional Facility.

(a) There shall be in the department a facility to be known as Gouverneur Correctional Facil-ity, which shall be located in the Town of Gouverneur in St. Lawrence County, and which shallconsist of property under the jurisdiction of the department at that location.

(b) Gouverneur Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Gouverneur Correctional Facility shall be classied as a medium security correctional fa-cility, to be used as a general connement facility.

Historical NoteSec. led: Oct. 16, 1990 as emergency measure; Jan. 8, 1991 e. Jan. 23, 1991.

100.80 Bedford Hills Correctional Facility.

(a) There shall be in the department an institution to be known as Bedford Hills CorrectionalFacility, which shall be located at Bedford Hills in Westchester County, New York, and whichshall consist of the property under the jurisdiction of the department at that location.

(b) Such institution shall be a correctional facility for females 16 years of age or older.

(c) Bedford Hills Correctional Facility shall be classied as a maximum security correctionalfacility, to be used for the following functions:


100.74

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(2) reception center for all females committed to the custody of the department, by anycourt in this State, under indeterminate or determinate sentences;



Historical NoteSec. added by renum. 200.80, led Sept. 24, 1970; amds. led: July 15, 1971; Aug. 31,

1973; Nov. 24, 1978; Aug. 27, 1980; Aug. 19, 1983 as emergency measure; Nov. 3, 1983;Feb. 14, 1996; June 4, 2008 e. June 18, 2008. Amended (c).

100.81 Cayuga Correctional Facility.

(a) There shall be in the department a facility to be known as Cayuga Correctional Facility,which shall be located in the Town of Moravia, Cayuga County, New York.

(b) Cayuga Correctional Facility shall be a medium security correctional facility to be used asa general connement facility for males 16 years of age or older.

Historical NoteSec. added by renum. 280.81, led Sept. 24, 1970; repealed, led May 20, 1974; new led

July 27, 1976; repealed, led Nov. 24, 1978; new led Aug. 27, 1980; repealed, led Nov. 24,1981; new led: Nov. 30, 1988 as emergency measure; Feb. 9, 1989 e. March 1, 1989.

100.82 Taconic Correctional Facility.

(a) There shall be in the department an institution to be known as Taconic Correctional Facil-ity, which shall be located on the grounds of Bedford Hills Correctional Facility at Bedford Hillsin Westchester County, New York, on that portion of the property under the jurisdiction of thedepartment located on the northeast side of Harris Road.

(b) Taconic Correctional Facility shall be a correctional facility for females 16 years of age orolder.

(c) Taconic Correctional Facility shall be classied as a medium security correctional facil-ity, to be used as a general connement facility.

(d) An approximate 200-bed annex/unit on the grounds of Taconic Correctional Facility shallalso be used as an alcohol and substance abuse treatment correctional annex.

(e) An approximate 30-bed unit on the grounds of Taconic Correctional Facility shall also beused as a residential treatment facility.

Historical NoteSec. led Oct. 21, 1970; repealed, led Aug. 31, 1973; new led Jan. 7, 1974; amds. led:

Nov. 24, 1978; March 24, 1981; Dec. 30, 1988 as emergency measure; March 8, 1989; March31, 1992 as emergency measure; June 25, 1992 as emergency measure; June 25, 1992; July21, 1993 as emergency measure; Sept. 28, 1993 e. Oct. 13, 1993. Added (e).

100.83 Queensboro Correctional Facility.

(a) There shall be in the department an institution to be known as Queensboro CorrectionalFacility, which shall be located at 47-04 Van Dam Street, Long Island City, County of Queens,New York, and which shall consist of the property under the jurisdiction of the department at thatlocation.

(b) Queensboro Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Queensboro Correctional Facility shall be classied as a minimum security facility, to beused for the following functions:


(2) residential treatment facility;


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(3) [Reserved].

Historical NoteSec. led Aug. 17, 1976; amds. led: Nov. 24, 1978; April 1, 1982; July 14, 1982; Dec. 24,

1986 as emergency measure, expired 60 days after ling; March 23, 1987; Dec. 1, 1987 asemergency measure; July 5, 1991 as emergency measure; Oct. 30, 1991 as emergency mea-

sure; Oct. 30, 1991; March 17, 2010; Oct. 15, 2012 e. Oct. 31, 2012. Added (c)(2).

100.85 - 100.86

Historical NoteSecs. added by renum. 200.85-200.86, led Sept. 24, 1970; repealed, led July 15, 1971.

100.88 Downstate Correctional Facility.

(a) There shall be in the department an institution to be known as Downstate Correctional Fa-cility, which shall be located on Red Schoolhouse Road in the Town of Fishkill in DutchessCounty, New York.

(b) Downstate Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Downstate Correctional Facility shall be classied as a maximum security correctional fa-cility, to be used for the following functions:


(2) reception center for males who are between 16 and 21 years of age at the time ofsentencing;

(3) reception center for males 21 years of age or older; and

(4) detention center.

Historical NoteSec. led Feb. 6, 1979; amds. led: June 30, 1982; July 14, 1982; Oct. 31, 1990 as emer-

gency measure; Jan. 8, 1991 e. Jan. 23, 1991. Amended (c).

100.89 Lakeview Correctional Facility.

(a) There shall be in the department an institution to be known as Lakeview Correctional Fa-cility, which shall be located in the Town of Portland, Chautauqua County, New York.

(b) Lakeview Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Lakeview Correctional Facility shall be classied as a medium security correctional facil-ity, to be used as a general connement and a shock incarceration facility.

Historical NoteSec. led: March 31, 1992 as emergency measure; June 1, 1992; amd. led July 26, 2007

e. Aug. 15, 2007. Amended (c).

100.90 Fishkill Correctional Facility.

(a) There shall be in the department an institution to be known as Fishkill Correctional Facil-ity, which shall be located at Beacon in Dutchess County, New York, and which shall consist ofthe property under the jurisdiction of the department at that location.

(b) Fishkill Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Fishkill Correctional Facility shall be classied as a medium security correctional facility,to be used for the following functions:


(2) work release facility; and

100.83

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Historical NoteSec. added by renum. 200.90, led Sept. 24, 1970; repealed, new led Aug. 31, 1973; amds.

led: May 20, 1974; Nov. 24, 1978; Jan. 29, 1991 as emergency measure; April 15, 1991 e.May 1, 1991; April 29, 1991 as emergency measure e. April 29, 1991. Amended (c).

100.91

Historical NoteSec. added by renum. 200.91, led Sept. 24, 1970; repealed, new led Aug. 31, 1973; re-

pealed, led May 20, 1974; new led May 24, 1974; repealed, led Nov. 24, 1978 e. Nov.24, 1978.

100.92 Rochester Correctional Facility.(a) There shall be in the department a facility to be known as the Rochester Correctional Fa-

cility, which shall be located at Rochester, in Monroe County, New York, and which shall consistof the land and buildings at 55 Greig Street, formerly occupied by a Division for Youth center.

(b) Rochester Correctional Facility shall be a correctional facility for males of the age of 16years or older.

(c) Rochester Correctional Facility shall be classied as a minimum security correctional fa-cility, to be used for the following functions:

(1) residential treatment facility; and

(2) work release facility.

Historical NoteSec. led Jan. 31, 1973; amd. led Aug. 31, 1973; repealed, new led April 29, 1974; amd.

led Nov. 25, 1980 e. Dec. 24, 1980. Amended (c).

100.93

Historical NoteSec. led Sept. 25, 1973; amd. led Nov. 24, 1981; repealed, led Aug. 5, 1986 as emer-

gency measure; made permanent by order led Sept. 30, 1986 e. Sept. 30, 1986.

100.94 Albion Correctional Facility.

(a) There shall be in the department an institution to be known as Albion Correctional Facil-ity, which shall be located in Albion, Orleans County, New York, and which shall consist of theproperty under the jurisdiction of the department at that location.

(b) Albion Correctional Facility shall be a facility for females 16 years of age or older.

(c) Albion Correctional Facility shall be classied as a medium security correctional facilityto be used for the following functions:


(2) work release facility;


(4) alcohol and substance treatment correctional annex.

Historical NoteSec. led July 5, 1974; renum. 100.95, new led Oct. 31, 1977; amds. led: Nov. 24, 1981;

Aug. 5, 1986 as emergency measure; Sept. 30, 1986; Nov. 7, 1991 as emergency measure;Jan. 22, 1992 as emergency measure; Jan. 22, 1992; March 14, 2013 e. April 3, 2013. Added(c)(4).

100.95 Bayview Correctional Facility.

(a) There shall be in the department a facility to be known as Bayview Correctional Facility,which shall be located in the borough of Manhattan, City and State of New York, and which shallconsist of the property under the jurisdiction of the department on the land and building at 550West 20th Street, New York, NY 10011.


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(b) Bayview Correctional Facility shall be a correctional facility for females 16 years of ageor older.

(c) Bayview Correctional Facility shall be classied as a medium security correctional facil-ity, to be used for the following functions:


(2) residential treatment facility;



Historical NoteSec. led Aug. 12, 1974; amd. led April 20, 1976; renum. 100.96 new added by renum.

100.94, led Oct. 31, 1977; amds. led: July 3, 1979; May 22, 1981; July 8, 1981; Feb. 6,1984; Dec. 19, 1990 as emergency measure; March 11, 1991 e. March 27, 1991. Amended(c).

100.96 Edgecombe Residential Treatment Facility.

(a) There shall be in the department a facility to be known as Edgecombe Residential Treat-ment Facility, which shall be located in the borough of Manhattan, City and State of New York,and which shall consist of the property under the jurisdiction of the department on the land andbuilding at 611 Edgecombe Avenue, New York, NY 10032.

(b) Edgecombe Residential Treatment Facility shall be a correctional facility for males 16years of age or older.

(c) Edgecombe Residential Treatment Facility shall be classied as a minimum security cor-rectional facility, to be used for the following functions:

(1) [Reserved]


(3) general connement facility.

Historical NoteSec. led Sept. 19, 1974; amd. led April 20, 1976; renum. 100.97, new added by renum.

100.95, led Oct. 31, 1977; amd. led March 17, 2010 e. April 7, 2010. Amended sec. title,

(a)-(c).

100.97

Historical NoteSec. led March 22, 1976; renum. 100.98, new added by renum. 100.96, led Oct. 31,

1977; amd. led March 24, 1981; repealed, led Nov. 24, 1981 e. Nov. 24, 1981.

100.98

Historical NoteSec. led March 17, 1976; amd. led April 20, 1976; renum. 100.100, new added by renum.

100.97, led Oct. 31, 1977; amd. led April 1, 1982; repealed, led July 16, 2012 e. Aug. 1,2012.

100.99 Hale Creek Correctional Facility.

(a) There shall be in the department an institution to be known as the Hale Creek CorrectionalFacility, which shall be located in the Town of Johnstown, Fulton County, New York.

(b) Hale Creek Correctional Facility shall be a facility for males 16 years of age or older.

100.95

12 --

(c) Hale Creek shall be classied as a medium security facility to be used as alcohol andsubstance abuse treatment annex for the purpose of providing alcohol and substance abuse treat-ment, and as a general connement facility.

Historical NoteSec. led June 15, 1976; renum. 100.101, new led Oct. 31, 1977; repealed, led Nov. 24,

1978; new led May 22, 1981; repealed, led Aug. 11, 1982; new led March 17, 2010 e.April 7, 2010.

100.100 Mohawk Correctional Facility.(a) There shall be in the department an institution to be known as Mohawk Correctional Fa-

cility, which shall be located in the City of Rome, Oneida County, and which shall consist of theproperty under the jurisdiction of the department at that location.


(c) Mohawk Correctional Facility shall be classied as a medium security facility to be usedas a general connement facility.

(d) There shall be on the grounds of the institution a maximum security compound to enclosethe Walsh Regional Medical Unit.

Historical NoteSec. added by renum. 100.98, led Oct. 31, 1977; repealed, led July 3, 1979; new led:

Dec. 4, 1989 as emergency measure; Feb. 8, 1990; amds. led: Dec. 23, 1998; Aug. 2, 2006e. Aug. 23, 2006. Amended (d).

100.101 Lincoln Correctional Facility.(a) There shall be in the department a facility to be known as Lincoln Correctional Facility,

which shall be located in the borough of Manhattan, City and State of New York, and which shallconsist of the property under the jurisdiction of the department on the land and building at 31West 110th Street, New York, NY 10026.

(b) Lincoln Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Lincoln Correctional Facility shall be classied as a minimum security correctional facil-ity, to be used for the following functions:

(1) general connement for males 16 years of age or older;

(2) educational release;

(3) residential treatment; and


Historical NoteSec. added by renum. 100.99, led Oct. 31, 1977; amds. led: Nov. 24, 1978; May 22,

1981; Feb. 6, 1984; June 20, 1990 as emergency measure; Sept. 4, 1990 e. Sept. 19, 1990.Amended (c).

100.102

Historical NoteSec. led Nov. 24, 1981; amds. led: Dec. 30, 1983; Jan. 2, 1991 as emergency measure;

March 11, 1991; repealed, led May 16, 2000 e. May 31, 2000.

100.103

Historical NoteSec. led July 8, 1982; amds. led: July 30, 1982; Oct. 7, 1983; Nov. 14, 1983; Dec. 15,

1983; May 23, 1984 as emergency measure, expired 60 days after ling; July 30, 1984; re-pealed, led Jan. 10, 1997 e. Jan. 29, 1997.

100.104 Ogdensburg Correctional Facility.

(a) There shall be in the department an institution to be known as Ogdensburg CorrectionalFacility, which shall be located in the City of Ogdensburg in St. Lawrence County and which


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shall consist of property under the jurisdiction of the department and formerly under the jurisdic-tion of the New York State Oce of Mental Health at that location.

(b) Ogdensburg Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Ogdensburg Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.

Historical NoteSec. led Nov. 4, 1982; amd. led Feb. 6, 1984 e. Feb. 6, 1984. Amended (a).

100.105 Watertown Correctional Facility.(a) There shall be in the department an institution to be known as Watertown Correctional

Facility, which shall be located in the Town of Watertown in Jeerson County, and which shallconsist of the property under the jurisdiction of the department at that location.


(c) Watertown Correctional Facility shall be classied as a medium security facility, to beused for general connement purposes.

Historical NoteSec. led July 6, 1982 e. July 6, 1982.

100.106 Collins Correctional Facility.(a) There shall be in the department an institution to be known as Collins Correctional Facil-

ity, which shall be located in the Town of Collins in Erie County and which shall consist of prop-erty under the jurisdiction of the department and formerly under the jurisdiction of the New YorkState Oce of Mental Health at that location.

(b) Collins Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Collins Correctional Facility shall be classied as a medium security facility, to be used asa general connement facility.

Historical NoteSec. led Nov. 12, 1982; amd. led Nov. 7, 1983 e. Nov. 7, 1983.

100.107 Groveland Correctional Facility.

(a) There shall be in the department an institution to be known as Groveland Correctional Fa-cility, which shall be located in the Town of Groveland in Livingston County and which shallconsist of property under the jurisdiction of the department (formerly under the jurisdiction ofthe New York State Oce of Mental Health at that location).

(b) Groveland Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Groveland Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.

(d) There shall be on the grounds of Groveland Correctional Facility a minimum securitycomponent located in buildings 23, 120, 121 and 122, to be used as a general connement facilityfor males 16 years of age or older.

Historical NoteSec. led Nov. 12, 1982; amds. led: Feb. 6, 1984; Dec. 30, 1988 as emergency measure,

expired 90 days after ling; May 4, 1989 as emergency measure; July 18, 1989; April 25,1991 as emergency measure; June 26, 1991; July 27, 1993 as emergency measure, expired 90days after ling; Oct. 26, 1993 as emergency measure e. Oct. 26, 1993; Oct. 26, 1993 e.Nov. 10, 1993. Amended (a), added (d).

100.108 Altona Correctional Facility.

(a) There shall be in the department an institution to be known as Altona Correctional Facil-ity, which shall be located in the Town of Altona in Clinton County and which shall consist of

100.104

14 --

property under the jurisdiction of the department, formerly known as the Northern AdirondackCentral School.

(b) Altona Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Altona Correctional Facility shall be classied as a medium security facility, to be used asa general connement facility.

Historical NoteSec. led Feb. 28, 1983; amds. led: April 23, 1984 as emergency measure, expired 60 days

after ling; June 27, 1984 e. June 27, 1984. Amended (c).

100.109 Wende Correctional Facility.

(a) There shall be in the department an institution to be known as Wende Correctional Facil-ity, which shall be located in the Town of Alden in Erie County and which shall consist of prop-erty under the jurisdiction of the department.

(b) Wende Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Wende Correctional Facility shall be classied as a maximum security facility, to be usedfor the following functions:


(2) detention center.

Historical NoteSec. led July 19, 1983; amds. led: June 14, 1984; Oct. 31, 1990 as emergency measure;

Jan. 8, 1991; March 20, 1997; Dec. 23, 1998 e. Jan. 13, 1999. Amended (c).

100.110

Historical NoteSec. led Oct. 7, 1983 as emergency measure, expired Nov. 15, 1983; new added by renum.

100.112, led Dec. 1983; amd. led Dec. 23, 1998; repealed, led June 6, 2011 e. June 22,2011.

100.111 Mid-State Correctional Facility.

(a) There shall be in the department an institution to be known as Mid-State Correctional Fa-cility, which shall be located in the Town of Marcy, Oneida County, and which shall consist ofproperty under the jurisdiction of the department.

(b) Mid-State Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Mid-State Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.

(d) Mid-State Correctional Facility shall be classied as a residential treatment facility totemporarily house certain parolees in accordance with subdivision 10 of Correction Law section73.

Historical NoteSec. led Nov. 3, 1983; amds. led: Feb. 6, 1984; Oct. 19, 2007 e. Nov. 7, 2007. Added

(d).

100.112

Historical NoteSec. led Nov. 3, 1983; renum. 100.110, led Dec. 1983; new led May 4, 1989 as emer-

gency measure; amd. led July 18, 1989; repealed, new led: April 25, 1991 as emergencymeasure; June 26, 1991; repealed, led: July 27, 1993 as emergency measure, expired 90 daysafter ling; Oct. 26, 1993 as emergency measure e. Oct. 26, 1993; Oct. 26, 1993 e. Nov. 10,1993.


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100.113 Greene Correctional Facility.

(a) There shall be in the department an institution to be known as Greene Correctional Facil-ity, which shall be located in the Town of Coxsackie, in Greene County, and which shall consistof property under the jurisdiction of the department.

(b) Greene Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Greene Correctional Facility shall be classied as a medium security facility, to be used asa general connement facility.

Historical NoteSec. led: Aug. 17, 1984 as emergency measure, expired 60 days after ling; Oct. 31, 1984

e. Oct. 31, 1984.

100.114 Wyoming Correctional Facility.

(a) There shall be in the department an institution to be known as Wyoming Correctional Fa-cility, which shall be located in the Town of Attica, in Wyoming County, and which shall consistof property under the jurisdiction of the department.

(b) Wyoming Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Wyoming Correctional Facility shall be classied as a medium security facility, to beused for the following functions:


(2) alcohol and substance abuse treatment facility.


amds. led: July 18, 1994 as emergency measure; Sept. 22, 1994 e. Oct. 12, 1994. Amended(c).

100.115 Orleans Correctional Facility.

(a) There shall be in the department an institution to be known as Orleans Correctional Facil-ity, which shall be located in the Village of Albion, in Orleans County, and which shall consist ofproperty under the jurisdiction of the department.

(b) Orleans Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Orleans Correctional Facility shall be classied as a medium security facility, to be usedfor the following functions:


(2) residential treatment facility to temporarily house certain parolees in accordance withsubdivision 10 of Correction Law section 73.


amds. led: Aug. 5, 1986 as emergency measure; Sept. 30, 1986; March 20, 1997; Jan. 24,2012 e. Feb. 8, 2012. Amended (c).

100.116 Washington Correctional Facility.

(a) There shall be in the department an institution to be known as Washington CorrectionalFacility, which shall be located in the Town of Fort Ann, in Washington County, and which shallconsist of property under the jurisdiction of the department.

(b) Washington Correctional Facility shall be a correctional facility for males 16 years of ageor older.

100.113

16 --

(c) Washington Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.

Historical NoteSec. led March 11, 1985 e. March 11, 1985.

100.117 Sullivan Correctional Facility.

(a) There shall be in the department an institution to be known as Sullivan Correctional Facil-ity, which shall be located in the Town of Fallsburg, in Sullivan County, and which shall consistof property under the jurisdiction of the department.

(b) Sullivan Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Sullivan Correctional Facility shall be classied as a maximum security facility, to beused as a general connement facility and a diagnostic and treatment center.

Historical NoteSec. led March 11, 1985; amds. led: April 1, 1988 as emergency measure, expired 60

days after ling; June 8, 1988; Dec. 23, 1998 e. Jan. 13, 1999. Amended (c).

100.118 Shawangunk Correctional Facility.

(a) There shall be in the department an institution to be known as Shawangunk CorrectionalFacility, which shall be located in the Town of Shawangunk, in Ulster County, and which shallconsist of property under the jurisdiction of the department.

(b) Shawangunk Correctional Facility shall be a correctional facility for males 16 years ofage or older.

(c) Shawangunk Correctional Facility shall be classied as a maximum security facility, to beused as a general connement facility.

Historical NoteSec. led Nov. 4, 1985; amd. led March 20, 1997 e. April 9, 1997. Amended (c).

100.119 Franklin Correctional Facility.

(a) There shall be in the department an institution to be known as Franklin Correctional Facil-ity, which shall be located in the Town of Malone, in Franklin County, and which shall consist ofproperty under the jurisdiction of the department.

(b) Franklin Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Franklin Correctional Facility shall be classied as a medium security facility, to be usedas a general connement facility.

Historical Note

Sec. led July 24, 1986 e. July 24, 1986.

100.120

Historical NoteSec. led: Jan. 5, 1988 as emergency measure, expired 60 days after ling; March 17, 1988;

repealed, led July 16, 2012 e. Aug. 1, 2012.

100.121 Cape Vincent Correctional Facility.

(a) There shall be in the department an institution to be known as Cape Vincent CorrectionalFacility, which shall be located in the Town of Cape Vincent in Jeerson County and which shallconsist of property under the jurisdiction of the department.

(b) Cape Vincent Correctional Facility shall be a correctional facility for males 16 years ofage or older.


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(c) Cape Vincent Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.


as emergency measure; Oct. 28, 1988; amds. led: May 26, 1993 as emergency measure; Aug.2, 1993; April 10, 2007 e. April 25, 2007. Amended (c), repealed (d).

100.122 Riverview Correctional Facility.(a) There shall be in the department an institution to be known as Riverview Correctional Fa-

cility, which shall be located in the City of Ogdensburg in St. Lawrence County and which shallconsist of property under the jurisdiction of the department.

(b) Riverview Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Riverview Correctional Facility shall be classied as a medium security facility, to beused as a general connement facility.


as emergency measure; Oct. 28, 1988; amds. led: Aug. 29, 1989; May 26, 1993 as emer-gency measure; Aug. 2, 1993 e. Aug. 18, 1993. Amended (b).

100.123 Southport Correctional Facility.

(a) There shall be in the department an institution to be known as Southport Correctional Fa-cility, which shall be located in the Town of Southport in Chemung County and which shallconsist of property under the jurisdiction of the department.

(b) Southport Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Southport Correctional Facility shall be classied as a maximum security facility, to beused as a general connement facility.

Historical NoteSec. led: Aug. 17, 1988 as emergency measure, expired 60 days after ling; Dec. 28, 1988

as emergency measure e. Dec. 28, 1988; Dec. 28, 1988 e. Jan. 18, 1989.

100.124 Marcy Correctional Facility.

(a) There shall be in the department an institution to be known as Marcy Correctional Facil-ity, which shall be located in the Town of Marcy in Oneida County and which shall consist ofproperty under the jurisdiction of the department.

(b) Marcy Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Marcy Correctional Facility shall be classied as a medium security facility, to be used asa general connement facility.

Historical NoteSec. led: Oct. 28, 1988 as emergency measure; Dec. 27, 1988 as emergency measure; Jan.

13, 1989 e. Feb. 1, 1989.

100.125 Bare Hill Correctional Facility.

(a) There shall be in the department an institution to be known as Bare Hill Correctional Fa-cility, which shall be located in the Town of Malone in Franklin County and which shall consistof property under the jurisdiction of the department.

(b) Bare Hill Correctional Facility shall be a correctional facility for males 16 years of age orolder.

(c) Bare Hill Correctional Facility shall be classied as a medium security facility, to be usedfor the following functions:


100.121

18 --

(2) alcohol and substance abuse treatment facility.

Historical NoteSec. led: Oct. 28, 1988 as emergency measure; Dec. 27, 1988 as emergency measure; Jan.

13, 1989; amds. led: July 18, 1994 as emergency measure; Sept. 22, 1994 e. Oct. 12, 1994.Amended (c).

100.126

Historical NoteSec. led: Sept. 6, 1990 as emergency measure, expired 90 days after ling; Dec. 19, 1990

as emergency measure; Dec. 19, 1990; amds. led: March 31, 1992 as emergency measure;June 25, 1992 as emergency measure; June 25, 1992; Sept. 25, 1992; July 20, 2007; June 15,2009; repealed, led March 17, 2010 e. April 7, 2010.

100.127 Livingston Correctional Facility.

(a) There shall be in the department an institution to be known as the Livingston CorrectionalFacility located in the Town of Groveland, Livingston County, New York.

(b) Livingston Correctional Facility shall be a correctional facility for males 16 years of ageor older.

(c) Livingston Correctional Facility shall be classied as a medium security correctional fa-cility, to be used for the following functions:


(2) 120-bed alcohol and substance abuse treatment unit.

Historical NoteSec. led: Jan. 31, 1991 as emergency measure; April 15, 1991; amds. led: July 18, 1994

as emergency measure; Sept. 22, 1994; Dec. 14, 2012 e. Jan. 2, 2013. Amended (c)(2).

100.128 Gowanda Correctional Facility.

(a) There shall be in the department an institution to be known as Gowanda Correctional Fa-cility which shall be located in the Town of Collins in Erie County, New York, and which shallconsist of property under the jurisdiction of the department at that location.


(c) Gowanda Correctional Facility shall be classied as a medium security facility to be usedas a general connement facility.

Historical NoteSec. led Dec. 23, 1998; amd. led Aug. 26, 2008 e. Sept. 10, 2008. Amended (c).

100.129 Upstate Correctional Facility.

(a) There shall be in the department an institution to be known as Upstate Correctional Facil-ity which shall be located in the Town of Malone in Franklin County and which shall consist ofproperty under the jurisdiction of the department.

(b) Upstate Correctional Facility shall be a correctional facility for males 18 years of age orolder; provided, however, that males between the ages of 16 and 18 may be placed therein in ac-cordance with Part 110 of this Title.

(c) Upstate Correctional Facility shall be classied as a maximum security facility, to be usedas a general connement facility.

Historical NoteSec. led Oct. 4, 1999 e. Oct. 20, 1999.

100.130 Five Points Correctional Facility.

(a) There shall be in the department an institution to be known as Five Points CorrectionalFacility which shall be located in the Town of Romulus in Seneca County and which shall consistof property under the jurisdiction of the department.


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(b) Five Points Correctional Facility shall be a correctional facility for males 18 years of ageor older; provided, however, that males between the ages of 16 and 18 may be placed therein inaccordance with Part 110 of this Title.

(c) Five Points Correctional Facility shall be classied as a maximum security facility, to beused as a general connement facility.

Historical NoteSec. led Oct. 4, 2000 e. Oct. 18, 2000.

100.131 Chateaugay Correctional Facility.

(a) There shall be in the department an institution to be known as Chateaugay CorrectionalFacility, which shall be located in the town of Chateaugay in Franklin County, New York, andwhich shall consist of the property under the jurisdiction of the department.

(b) Chateaugay Correctional Facility shall be a correctional facility for males 16 years of ageand older.

(c) Chateaugay Correctional Facility shall be classied as a medium security correctional fa-cility to be used as a general connement facility.

Historical NoteSec. led July 20, 2007 e. Aug. 8, 2007.

PART 101Historical Note

Part ( 101.1-101.4) led July 1, 1968; renum. Part 5101, new added by renum. Part 201( 201.1-201.10), led Sept. 24, 1970; repealed, new ( 101.1-101.2) led: Dec. 20, 1972;Aug. 31, 1973; Part (Designation and Classication of the State Hospital for the Mentally Illin the Department of Correctional Services, 101.1-101.2) repealed, led Nov. 24, 1978 e.Nov. 24, 1978.


Part ( 102.1-102.11) added by renum. Part 202, led Sept. 24, 1970; repealed, led Dec.20, 1972; new Part ( 102.1-102.3) led Aug. 31, 1973; Part (Designation and Classicationof the Institution for the Retarded in the Department of Correctional Services, 102.1-102.2) repealed, led Nov. 24, 1978 e. Nov. 24, 1978.

100.130

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PART 103ORDERS DESIGNATING INSTITUTIONS TO WHICH PERSONSCOMMITTED TO CUSTODY OF THE STATE DEPARTMENT OF

CORRECTIONAL SERVICES ARE TO BE DELIVERED

(Statutory authority: Correction Law, 70, 71, 112, 400, 430, 652)

Historical NotePart ( 103.1-103.50) added by renum. Part 203, led Sept. 24, 1970 e. immediately.

103.1 Orders designating Department of Correctional Services receiving institutions.

Persons who are committed, transferred, certied to or placed in the care or custody of theDepartment of Correctional Services are to be delivered to the institutions designated in sections103.5 through 103.45 of this Part.

Historical NoteSec. added by renum. 203.1, led Sept. 24, 1970; repealed, new led Dec. 26, 1972; amd.

led Nov. 24, 1978 e. Nov. 24, 1978.

103.5 Males under 21 at time sentence is imposed.

Every male person committed to the custody of the department under an indeterminate or a re-formatory sentence of imprisonment from all judicial districts of the State, who are between theages of 16 and 21 at the time sentence is imposed, shall be delivered to the Reception Center atElmira, located at Elmira, New York.

Historical Note

Sec. added by renum. 203.5, led Sept. 24, 1970; repealed, new led Dec. 26, 1972.

103.6

Historical NoteSec. led Oct. 7, 1983 as emergency measure, expired Nov. 15, 1983.

103.10 Males over 21 at time sentence is imposed.

Every male person committed to the custody of the department under an indeterminatesentence of imprisonment imposed on or after his 21st birthday shall be delivered to one of thefollowing correctional facilities:

(a) Wende Correctional Facility, located at Alden, New York.

(b) Clinton Correctional Facility, located at Dannemora, New York.

(c) Downstate Correctional Facility in the Town of Fishkill, in Dutchess County, New York.

(d) Such persons shall be committed to the above facilities as designated by written order ofthe commissioner led with the clerk of each court having jurisdiction to commit persons to thecustody of the department.

Historical NoteSec. added by renum. 203.10, led Sept. 24, 1970; amd. led Sept. 7, 1972; repealed, new

led Dec. 26, 1972; amds. led: Aug. 8 and 14, 1973; July 17, 1975; Dec. 29, 1976; Jan. 12,1977; July 12, 1978; June 30, 1982; Oct. 7, 1983; Nov. 14, 1983; Nov. 21, 1983; Dec. 15,1983; May 23, 1984 as emergency measure, expired 60 days after ling; July 30, 1984; June6, 1985 as emergency measure; made permanent by order led July 29, 1985 e. July 29,1985.


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103.15 Females sentenced by courts to the department.

Every female person committed to the custody of the department, under a sentence of imprison-ment by any court in the State, shall be delivered to the Bedford Hills Correctional Facility lo-cated at Bedford Hills, New York.

Historical NoteSec. added by renum. 203.15, led Sept. 24, 1970; repealed, led July 15, 1971; new led

Dec. 26, 1972.

103.16

Historical NoteSec. led July 15, 1971; repealed, led Dec. 26, 1972.

103.20

Historical NoteSec. added by renum. 203.20, led Sept. 24, 1970; repealed, led July 15, 1971.

103.25

Historical NoteSec. added by renum. 203.25, led Sept. 24, 1970; repealed, new led: Dec. 26, 1972; Aug.

31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.

103.30

Historical NoteSec. added by renum. 203.30, led Sept. 24, 1970; repealed, led July 15, 1971; new led

Dec. 26, 1972; repealed, led Aug. 31, 1973 e. immediately.

103.31

Historical NoteSec. led July 15, 1971; repealed, led Dec. 26, 1972.

103.35

Historical NoteSec. added by renum. 203.35, led Sept. 24, 1970; amd. led Sept. 7, 1972; repealed, new

led: Dec. 26, 1972; Aug. 31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.

103.40

Historical NoteSec. added by renum. 203.40, led Sept. 24, 1970; repealed, new led: Dec. 26, 1972; Aug.

31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.

103.45

Historical NoteSec. added by renum. 203.45, led Sept. 24, 1970; amd. led July 1, 1971; repealed, led

Dec. 26, 1972; new led Dec. 17, 1974; amd. led Feb. 14, 1996; repealed, led June 29, 2009e. July 15, 2009.

103.50

Historical NoteSec. added by renum. 203.50, led Sept. 24, 1970; repealed, led Dec. 26, 1972.

103.15

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PART 104ORDERS DESIGNATING INSTITUTIONS TO WHICH PERSONS

RETURNED TO INSTITUTIONS UNDER JURISDICTION OF STATEDEPARTMENT OF CORRECTIONAL SERVICES FOR VIOLATION OF

PAROLE OR CONDITIONAL OR OTHER RELEASE ARE TO BEDELIVERED

(Statutory authority: Correction Law, 70, 71, 112, 138)

Historical NotePart ( 104.1-104.3) added by renum. Part 204, led Sept. 24, 1970 e. immediately.

104.1 Male parole and conditional release violators.

(a) Except as provided in subdivisions (b) and (c) of this section, any male person to bereturned to an institution under the jurisdiction of the department for violation of parole orconditional or other release may be delivered to any of the following correctional facilities:

(1) Attica Correctional Facility;

(2) Auburn Correctional Facility;

(3) Clinton Correctional Facility;

(4) Great Meadow Correctional Facility;

(5) Green Haven Correctional Facility;

(6) Elmira Correctional Facility;

(7) Downstate Correctional Facility;

(8) Ossining Correctional Facility;

(9) Queensboro Correctional Facility; or

(10) Wende Correctional Facility.

(b) Persons paroled or conditionally released from any of the correctional camps who areunder 19 at the time of return for violation of parole or conditional release must be delivered toElmira Correctional Facility or to Coxsackie Correctional Facility on return for violation of pa-role or conditional release.

Historical NoteSec. added by renum. 204.1, led Sept. 24, 1970; repealed, new led Sept. 10, 1973; amds.

led: Nov. 24, 1978; July 14, 1982; Sept. 12, 1985 e. Sept. 12, 1985. Added (a)(10).

104.2 Female parole and conditional release violators.

Any female person to be returned to an institution under the jurisdiction of the department forviolation of parole or conditional or other release is to be returned to the Bedford Hills Cor-rectional Facility or the Bayview Correctional Facility.

Historical NoteSec. added by renum. 204.2, led Sept. 24, 1970; amds. led: July 15, 1971; Aug. 11, 1982

e. Aug. 11, 1982.

104.3 Transfer of parole and conditional release violators.

Persons returned to institutions under the jurisdiction of the department for violation of paroleor conditional or other release who are not suited to programs administered in the institutions towhich they have been delivered shall be transferred to appropriate institutions, authorized toreceive them, as soon as practicable.

Historical NoteSec. added by renum. 204.3, led Sept. 24, 1970 e. immediately.


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PART 105DESIGNATION AND CLASSIFICATION OF DRUG TREATMENT

CAMPUSES

(Statutory authority: Correction Law, 2, 70)

Historical NotePart ( 105.1) led June 30, 1997 e. July 16, 1997.

105.1 Willard Drug Treatment Campus.

(a) Willard Drug Treatment Campus is located in the Towns of Romulus and Ovid in SenecaCounty.

(b) Willard is operated by the department as a secure facility for connement of male andfemale parolees.

(c) Willard serves as a drug treatment campus for:

(1) individuals sentenced to parole supervision sentences pursuant to section 410.91 of theCriminal Procedure Law;

(2) certain parole violators; and

(3) certain oenders sentenced prior to October 1, 1995 who have been so placed as acondition of early parole release.

Historical NoteSec. led June 30, 1997 e. July 16, 1997.


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PART 110INTERPRETATION OF AGE RANGE PROVISIONS

(Statutory authority: Correction Law, 70, 71, 112, 137, 400, 430)

Historical NotePart ( 110.1) added by renum. Part 150, led Dec. 17, 1974 e. immediately.

110.1 Interpretation of age range provisions set forth in this Chapter.

(a) The age ranges set forth in this Chapter are basically indicators of inmate maturity level.In any case where an inmate is not within the age range specied for an institution, such inmatemay nevertheless be conned therein upon specic written approval of the Director of Classica-tion and Movement or his designee if said institution is deemed appropriate for the inmate'ssupervision or oers a program that can be of benet to the health, care or rehabilitation of theinmate.

(b) Wherever the age range of persons who may be conned in an institution is specied inthis Chapter, the following rules of interpretation shall apply:

(1) The age specications are keyed to birthdates and a person no longer falls within therange specied when he has attained the oldest age set forth in the range. (For example, aperson who has reached his 18th birthday shall not be considered to be between 16 and 18years of age);

(2) Except in the case of reception centers, the age specications are keyed to age as ofadmission to an institution, and an inmate who is admitted to an institution while within theage range specied in this Chapter may be conned therein notwithstanding the fact that he isolder than the age range specied for the institution; and

(3) In the case of reception centers, the age specications are keyed to age as of the datethe sentence of imprisonment was imposed.

(c) In any case where an institution is designated as one that may be used for reception orconnement of persons who are 16 years of age, such institution also may be used for receptionor connement as the case may be of persons who are 15 years of age and who are received bythe department pursuant to commitment by the Family Court or pursuant to transfer from anotherState agency.

Historical NoteSec. added by renum. 150.1, led Dec. 17, 1974; amds. led: July 3, 1979; April 30, 1985

e. April 30, 1985. Amended (a).


Part led Dec. 17, 1974; repealed, led Jan. 9, 1979; new ( 120.1) led Aug. 17, 1988 as

emergency measure; repealed, led Jan. 10, 1997 e. Jan. 29, 1997.

120.1


as emergency measure; Oct. 28, 1988; repealed, led Jan. 10, 1997 e. Jan. 29, 1997.

120.5

Historical NoteSec. led Dec. 17, 1964; repealed, led Jan. 9, 1979.

120.10



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120.15


120.20


120.25


120.30


120.35


120.40


120.45


120.15

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PART 130TRANSFER OF FOREIGN NATIONALS

(Statutory authority: Correction Law, 70.1-b, 71, 71.1-a, b, c, 112, 139)

Historical NotePart ( 130.1-130.2) led March 20, 1997 e. April 9, 1997.

130.1 Purpose.(a) The purpose of this regulation is to provide a uniform procedure for voluntary transfer of

incarcerated foreign nationals to home countries under treaty arrangements with the U.S. Govern-ment and in accordance with New York State Correction Law.

(b) Correction Law, section 5(4) authorizes the commissioner to convert the sentence of aperson serving an indeterminate sentence, except for a person serving a sentence with a maximumterm of life imprisonment, to a derminate sentence equal to two-thirds of the maximum or aggre-gate maximum term imposed where such conversion is necessary to make the person eligible fortransfer to Federal custody for transfer to foreign countries under treaties that provide for volun-tary transfers.

(c) Correction Law, section 71 confers on the commissioner, or his designee, the sole andabsolute authority to approve or disapprove an inmate's application for international transfer.Nothing herein shall be construed to confer upon any inmate a right to be transferred to thecustody of a foreign nation.

Historical NoteSec. led March 20, 1997; amds. led: May 16, 2000; May 16, 2011 e. June 1, 2011.

Amended (b).

130.2 Procedure.(a) Reception. Newly received inmates who are identied as foreign nationals of treaty na-

tions shall, as part of the reception process, be advised of the existence of prisoner transfer trea-ties and the possibility of the initiation of a transfer request.

(b) Law libraries. To inform all prisoners who are citizens of another country, each generalconnement facility law library shall contain:

(1) a copy of this regulation and New York State Correction Law;

(2) a listing of nations that have prisoner transfer treaties with the United States;

(3) the most recent Amnesty International report describing prison conditions in eachtreaty nation;

(4) other information on prison conditions in treaty nations published by the United Na-tions, the U.S. Department of State, or human rights organizations, if available; and

(5) to the extent practicable, information on each treaty nation's provisions for the reduc-tion of terms of sentence, or a listing of ocials in the U.S. Department of Justice or theembassy of the foreign country to whom an inmate may write for information.

(c) Application. (1) An inmate who wishes to be considered for voluntary transfer mustcomplete and sign the transfer request form and forward it to the facility superintendent.

(2) Upon receipt, the superintendent shall forward a copy to the executive deputycommissioner.

(3) Upon assessment of eligibility, the executive deputy commissioner, or designee shallforward the request to the commissioner, or designee, along with a recommendation and cop-ies of:

(i) the inmate's request;

(ii) sentence conversion certicate (see subdivision [d] of this section);

(iii) a copy of the sentence and commitment order;

(iv) a copy of the most recent legal date computation printout;


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(v) a copy of the statute(s) under which the inmate was convicted;

(vi) a copy of the nal order of deportation against the inmate from the U.S. Immigra-tion and Customs Enforcement;

(vii) description of the inmate's intake interview;

(viii) inmate family and residence information; and

(ix) any other forms or information that may be required by the foreign country ortreaty.

(d) Conversion of indeterminate sentence to determinate sentence. Where it is necessary toconvert an indeterminate sentence to a determinate sentence in order to make an applicant eligiblefor international transfer, the sentence shall be calculated as equal to two-thirds of the maximumor aggregate maximum term imposed. Indeterminate sentences with a maximum term of lifeimprisonment may not be converted to a determinate sentence.

(e) Commissioner's decision. Within 30 days of receipt, the commissioner, or designee,shall acknowledge receipt of the application. If the application is approved, the commissioner, ordesignee, shall follow the procedure set forth in subdivision (f) of this section. If the applicationis disapproved, the inmate and referring superintendent shall be so advised.

Note: This entire process, from the inmate's application through thenal decision, typically requires up to one year, and may takelonger. Upon receipt of notication of the decision, the inmatewill be informed by letter from the executive deputycommissioner.

(f) Approvals. Upon approval, the following actions shall be taken:

(1) The commissioner, or designee, shall write to the Oce of Enforcement Operations,International Prisoner Transfer Unit, U.S. Department of Justice, advising that New YorkState is willing to transfer a prisoner. The documentation listed in paragraph (c)(3) of this sec-tion shall be enclosed with this communication, and the inmate shall be provided with a copyof the cover letter.

(2) The Department of Justice will approve or disapprove the request and will follow withdocumentation and instructions.

(3) The Department of Justice will notify the appropriate embassy of its decision and, incases where it has approved the request, will ask if the other country is willing to accept theprisoner.

(4) If accepted, the Department of Justice will arrange for a verication proceeding beforea U.S. Magistrate Judge who will have authority to order the prisoner accepted into Federalcustody.

(g) Costs. The facility is responsible for transporting the inmate to a U.S. Magistrate Judgefor a consent verication hearing at the time of the transfer.

(h) Counsel. The Federal Government provides counsel for these hearings. When requested,the superintendent shall allow counsel to interview an inmate prior to a hearing.

(i) Property. The inmate is responsible for disposing of his or her property prior to theconsent verication hearing. Upon completion of the hearing, the inmate will be in the custody ofthe U.S. Marshal's Service and will not be permitted to have any property in his or her possession.

(j) Qualications for transfer to foreign countries. (1) The inmate must be a citizen of thereceiving country.

(2) The inmate must be convicted and sentenced to a term of imprisonment.

(3) The inmate must not be committed solely for a military or immigration oense.

(4) The inmate must have served at least one-half of the minimum term and have at leastone year of the instant sentence remaining to be served at the time of request for transfer.

(5) The inmate must have no pending proceeding by way of appeal or collateral attackupon the instant conviction or sentence.

130.2

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(6) The inmate must be convicted of a crime which is generally punishable as a crimeunder the laws of the other country.

(7) The inmate, the commissioner, the United States Department of Justice, and the receiv-ing country must all consent to the inmate's transfer.

(8) The inmate must have received an order of deportation from the U.S. Immigration andCustom Enforcement.

(k) Rescission of approval. The commissioner may withdraw prior approval of a transferapplication if the inmate engages in criminal conduct or any serious disciplinary infraction(s) fol-lowing his or her request for transfer pursuant to this regulation, or if the commissioner becomesaware of any information which would have led to disapproval of the application.

Historical NoteSec. led March 20, 1997; amds. led: May 16, 2000; Jan. 9, 2002; May 16, 2011 e. June

1, 2011. Amended (c)-(g), (i), (j).


Part ( 150.1) added by renum. Part 205, led Sept. 24, 1970; renum. Part 110, led Dec.17, 1974 e. immediately.

150.1

Historical NoteSec. added by renum. 205.1, led Sept. 24, 1970; renum. 110.1, led Dec. 17, 1974 e.

immediately.


Part ( 155.1-155.2) added by renum. Part 250, led Sept. 24, 1970; repealed, led Dec.17, 1974 e. immediately.

155.1 - 155.2

Historical NoteSecs. added by renum. 250.1-250.2, led Sept. 24, 1970; repealed, led Dec. 17, 1974 e.

immediately.


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Documents

Title 7 Chapter III.pdf