(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 incarcerated individual 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) Incarcerated individual population means
the number of incarcerated individuals 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 incarcerated individuals
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 incarcerated individual 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 incarcerated individuals,
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 to 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 incarcerated individual population,
but not more than $9.25, multiplied by the public library system incarcerated
individual 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.