N.Y. Comp. Codes R. & Regs. tit. 7 § 251-1.6

Current through Register Vol. 46, No. 18, May 1, 2024

Section 251-1.6 - Confinement

(a) Incarcerated individuals in special populations as defined in 7 NYCRR § 1.5 shall not be placed in segregated confinement for any length of time.

(b) An incarcerated individual may be confined to a cell or room where such action appears reasonably necessary for protection of the incarcerated individual. In any such case, however, the incarcerated individual shall not be so confined for more than 17 hours, unless approval for an extension of this time has been granted by the facility superintendent and deputy commissioner for correctional facilities. In which case this period may be extended up to 48 hours.

(c) The provisions of this section shall not be construed so as to prohibit emergency action by the superintendent of the facility and, if necessary for the safety or security of the facility, all incarcerated individuals or any segment of the incarcerated individuals in a facility may, on the order of the person in charge of the facility, be confined in their cells or rooms for the duration of any period in which the safety or security of the facility is in jeopardy. In any such case the superintendent shall immediately notify the commissioner.

(d) Repealed

(e) Repealed

N.Y. Comp. Codes R. & Regs. Tit. 7 § 251-1.6

Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023