N.Y. Comp. Codes R. & Regs. tit. 7 § 201.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201.6 - Reconsideration of suspension in excess of two years

(a) In the event a visitor or inmate's visiting privileges have been suspended for a term over two years or indefinitely suspended, such person may request a reconsideration at any time after it has been in effect for one year, and on an annual basis thereafter, by writing to the superintendent of the facility housing the inmate to be visited.

(b) The superintendent shall evaluate such a request to determine if any factors exist that warrant a modification so as to permit visitation to resume at a specific time in the future. The criteria to be considered are:

(1) the inmate's institutional record;

(2) showing of special circumstances (e.g., age of visitor or inmate, serious illness, etc.);

(3) length of inmate's unserved sentence; and

(4) past history of violations; and

(5) other good cause factors.

(c) The superintendent shall advise the inmate and visitor of the results of his or her review by written decision, including the reasons therefor.

(d) Appeal of denial of request for reconsideration.

(1) A visitor or inmate may appeal the denial of a request for reconsideration, in writing, to the commissioner within 60 days if:

(i) such person's visiting privileges have been indefinitely suspended or suspended for a term over two years;

(ii) the indefinite suspension or term of suspension has remained in effect for three years; and

(iii) such person's request for reconsideration during the third year under subdivision (a) of this section has been denied by the superintendent.

(2) If the indefinite suspension or term of suspension of visiting privileges remains in effect, such person may appeal a subsequent denial every three years thereafter.

(3) Nothing in this subdivision shall be construed to preclude such person from making an annual request for reconsideration to the superintendent of the correctional facility then housing the inmate to be visited.

(4) No appeal of a denial of a request for reconsideration may be taken if the superintendent has modified the indefinite suspension or term of suspension to permit visitation, including non-contact visitation.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 201.6