N.Y. Comp. Codes R. & Regs. tit. 7 § 251-2.2 : DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION — Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances — Procedures For Implementing Standards Of Inmate Behavior — Cases Of Inmate Misbehavior —2 - Review Officer —2.2 - [Effective 4/24/2023] Function of the review officer
(a) The review officer shall receive at least once daily, all misbehavior reports issued at the facility.
(b) Except as provided in subdivision (d) of this section, the review officer shall review such reports and considering the seriousness of the alleged violation of the standards of inmate behavior, refer such reports to the appropriate disciplinary body for action as follows:
(1) Where the violation, if substantiated, would warrant only a penalty of loss of recreation for up to and including 13 days and including the loss of privileges, for a period up to and including 13 days, other than correspondence and visitation privileges, the report shall be referred to the violation officer.
(2) Where the violation, if substantiated, would warrant only a penalty of loss of privileges up to and including 30 days, and including confinement to a cell or room (keeplock) for a period up to and including 30 days, the misbehavior report shall be forwarded to the disciplinary hearing officer for appropriate action.
(3) Where the violation, if substantiated, would warrant imposition of a penalty beyond that which may be imposed at a disciplinary hearing, the misbehavior report shall be forwarded to the superintendent for designation of a hearing officer to conduct a superintendent's hearing.
(c) The review officer may dismiss any misbehavior report which fails to state a valid charge, or may return it to be rewritten.
(d) The review officer shall refer any report that includes a charge that an inmate has engaged in an act of self-harm in violation of rule 123.10 (section
270.2[B][23][i] of this Title) to the deputy superintendent for security, who shall fulfill the function of the review officer and have the authority to dismiss the charge or charges if he or she believes, due to the inmate's mental state or for any other reason, that proceeding to a hearing would serve no useful purpose.
(e) The review officer shall review the status of each inmate keeplocked pursuant to a misbehavior report under review, and may order the release of an inmate who is no longer a threat to the safety and security of the facility or to himself.
(f) The review officer shall not act as a hearing officer in any proceeding arising from a misbehavior report which he or she has reviewed.