N.Y. Comp. Codes R. & Regs. tit. 9 § 7031.1

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

Section 7031.1 - Policy

(a) Each prisoner confined in a local correctional facility is entitled to legal services for purposes of:

(1) legal preparation with respect to any civil or criminal action or proceeding; and

(2) except as otherwise provided in subdivision (d) of this section, legal preparation with respect to any other matter, including but not limited to:

(i) disciplinary charges; and

(ii) complaints or grievances.

(b) As used in this Subtitle, legal services shall include access to:

(1) legal counsel;

(2) legal reference materials and supplies;

(3) a notary public; and

(4) other legal assistance.

(c) As used in this Subtitle, the term legal counsel shall mean:

(1) any attorney authorized to practice law in New York State or in any jurisdiction where a prisoner has a legal action, proceeding or other legal matter pending; and

(2) a law student, law clerk, or paralegal acting under the supervision of and with the written authorization of an attorney who meets the requirements of paragraph (1) of this subdivision.

(d) Except as otherwise provided in Part 7006 of this Subtitle, in the discretion of the chief administrative officer, prisoners may be entitled to representation by legal counsel at disciplinary proceedings, or other facility decision-making processes.

(e) Legal counsel to which prisoners are entitled or permitted pursuant to the provisions of this Part need not be provided at facility expense.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7031.1