The Department of Corrections and Community Supervision (DOCCS, pronounced “docks”) and Tier 3 Violations

As anyone in prison, or with loved ones in prison, knows, people can be charged with violations of DOCCS rules and regulations while incarcerated. These violations break down into three tiers: Tier 1, 2, and 3 – Tier 3 rendering the most severe of sanctions and Tier 1 the least of them. The biggest issue with Tier 3 violations is that they can lead to the loss of good time, and often do. Because of the severity of the consequences of alleged Tier 3 violations, in 2023, DOCCS decided to allow for legal representation during Tier 3 hearings. At the Law Office of Paul D. Petrus Jr. & Associates, Mr. Petrus and his firm made themselves available for representation as soon as this occurred. Since this law only took effect in 2023, the litigation for it has been sparse thus far. There are a lot of opportunities for litigation if you or your loved one believes DOCCS violated any of their rights. To date, the Tier 3 violation representation can be completed over the telephone. If your loved one is facing a Tier 3 violation, contact our offices for the representation you deserve, as we represent inmates throughout New York.

If your loved one already lost a Tier 3 hearing, we can file an appeal. We are also able to contact Albany on behalf of your loved one to file appeals in Tier 1 and Tier 2 hearings. We handle Tier Violation Hearings, appeals to Albany, and, if necessary, Article 78s. We can help you or your loved one at each and every step of the process.

Additional Information:
The following tiers of disciplinary hearings serve the purpose of determining allegations of rule violations contained in misbehavior reports:
(1) Tier I – violation hearing; provided for in Part 252 of this Title;
(2) Tier II – disciplinary hearing; provided for in Part 253 of this Title; and
(3) Tier III – superintendent’s hearing; provided for in Part 254 of this Title.
The facility review officer shall review the misbehavior report to consider the seriousness of the alleged violations and refer the report to the lowest appropriate disciplinary body (Tier Level) for action.
See Tiers of disciplinary hearings, N.Y. Comp. Codes R. & Regs. tit. 7 § 270.3 | Casetext Search + Citator

Incarcerated individuals involved in attempts or conspiracies to violate institutional rules of conduct, or as accessories to rule violations will be punishable to the same degree as violators of such rules. Incarcerated individuals may be cited for attempts, conspiracies or as accessories whether or not the text of an actual rule contains such terms. These terms have the following meanings:
(1) Attempt. Any act which constitutes a step in a course of conduct which would result in an act of misbehavior.
(2) Conspiracy. Agreement with one or more persons to engage in an act of misbehavior.
(3) Accessory. Providing assistance in any manner prior to, during or after a person commits an act of misbehavior.
See Tiers of disciplinary hearings, N.Y. Comp. Codes R. & Regs. tit. 7 § 270.3 | Casetext Search + Citator

Merit Time Eligibility: Disciplinary Criteria
An incarcerated individual must not commit any serious infraction. A serious disciplinary infraction is defined as behavior which results in criminal or disciplinary sanctions as follows:
(1) Any conviction for a state or federal crime committed after the incarcerated individual was committed to DOCCS;
(2) A final disposition at a Tier II or Tier III hearing in violation of any of the rules as described in 7 NYCRR Section 270.2, or any violations for serious misconduct as described in the incarcerated individual rule book “Standards of Inmate Behavior”;
(3) Receipt of a disciplinary sanction at a Tier III hearing of 60 or more days of SHU and/or Keeplock time, if the time served was 60 days or more on the particular penalty; or
(4) Receipt of any recommended loss of good time as a disciplinary sanction at a Tier III hearing.
See Serving a Sentence | Department of Corrections and Community Supervision

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