N.Y. Comp. Codes R. & Regs. tit. 7 § 1700.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 1700.5 - Claim processing procedure

(a) The facility in which the inmate is housed at the time the claim is filed is responsible for investigating and processing an inmate claim.

(b) If an inmate is transferred, the facility in which the loss occurred must cooperate with the processing facility and provide investigative assistance as requested.

(c) Claim limits. The limits on inmate claims are as follows:

(1) Actions of another inmate. The amount paid on a claim for personal property damaged or destroyed by another inmate of a department facility shall not exceed $350 (State Finance Law, section 8 [12]).

(2) Tort of officer or employee. The amount paid on a claim for loss, damage or destruction of personal property caused by the tort of a department officer or employee while acting as such officer or employee shall not exceed $5,000 (State Finance Law, section 8 [12-a]).

(d) The facility in which the claim was filed is responsible for payment of any approved claim. The inmate shall sign the "release" section of the claim and release form (form 1144) upon acceptance of the offer set forth in an approved claim. All support forms, investigation reports, etc. must be retained by the facility for post audit review.

(1) Claims $1,000 and under. All claims approved for $1,000 or under are to be paid from facility appropriations; further review and approval is not required prior to payment.

(2) Claims over $1,000. All claims approved for over $1,000 must be reviewed and approved in sequence by the Superintendent, Division of Budget and Finance (Office of Inmate Accounts) and the Attorney General (AG). Upon final approval, the facility will process a voucher to the Office of the State Comptroller (OSC) for payment.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1700.5