NYCRR TITLE 8 - EDUCATION

§90.14 State aid for cooperation with correctional facilities

(a) Definitions. As used in this section and in Education Law section 285:

(1) State correctional facility means an institution under the control of the Department of Correctional Services.

(2) Eligible State correctional facility library means a collection of informational materials located in space in the facility which is primarily devoted to library service for the general inmate population, under the supervision of a librarian holding either a professional certificate or a conditional certificate as provided for in section 90.7 of this Part.

(3) Inmate population means the number of inmates of each participating State correctional facility named in a public library system's plan of service, as of July 1st of the year preceding the calendar year in which State aid to public library systems is to be paid, as certified by the Commissioner of Correctional Services.

(b) Participation. Each eligible State correctional facility library may elect to participate in the development of the cooperative plan of service with the public library system and other such facility libraries in the system area.

(c) Plan of service. A public library system operating under a plan of service which has been approved pursuant to section 272 of the Education Law which has one or more eligible correctional facility libraries within its area of service and which is applying for State aid for cooperation with such library or libraries, shall file an amendment of its plan of service with the commissioner, setting forth a plan to make the library resources of such system available to meet the library needs of inmates within the facility or facilities located in the system's service area. Such amendment shall include, but not be limited to:

(1) the identification of the eligible State correctional facility libraries in the system area, and the reasons given by any such facility which elects not to participate;

(2) the identification of any State correctional facility or facilities within the system area lacking an eligible correctional facility library. A variance may be granted by the commissioner from the eligibility standards set forth in paragraph (a)(2) of this section, upon submission of a description of the services to be provided to ineligible facilities and of the benefits that the inmate population would derive;

(3) the identification of system personnel involved in negotiating the plan of service with participating correctional facility libraries and of the personnel responsible for implementation of such plan, including any consultant services to be provided;

(4) a description of how the public library system resources will be made available for the educational, cultural and recreational needs of the inmates, as determined from a user needs assessment;

(5) an agreement on procedures to recover or replace missing or damaged materials loaned to a participating facility library; and

(6) the evaluation procedures to be used to determine the effectiveness of the public library system in providing services to the correctional facilities libraries in its area.

(d) Maximum apportionment. Each public library system shall be eligible to receive an apportionment equal to the quotient, computed by two decimals without rounding, of the appropriation provided by law for the purposes of section 285 of the Education Law divided by the State total inmate population, but not more than $9.25, multiplied by the public library system inmate population.

(e) Reports. Each public library system receiving State aid for cooperation with State correctional facilities under an approved plan for the sharing of library resources shall file with the commissioner such fiscal and evaluation reports as he may prescribe, in a form and by a date determined by him.

Section statutory authority: Education Law, § 272, § 285

Statutory authority: Education Law, §§ 207-208, 215, 253-268, 271-273, 273-a, 282, 283, 284, 285; L. 1978, ch. 787, L 1993 Ch 260, §§ 1, 3

Last reviewed: March 15, 2010

Last Updated: March 18, 2010 -- asm