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

§ 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 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.