N.Y. Comp. Codes R. & Regs. tit. 7 § 301.2

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

Section 301.2 - Disciplinary admissions

(a) An incarcerated individual shall only be placed in segregated confinement for behavior that violates institutional rules and regulations involving conduct that poses an unreasonable risk to the health, safety or security of staff, incarcerated individuals, the facility, or the community by:

(i) causing or attempting to cause injury or death to another person or making a credible threat of such injury or death;

(ii) engaging in a sexual act, or compelling or attempting to compel another person by force or threat of force to engage in a sexual act;

(iii) coercing another, by force or threat of force, to violate any rule;

(iv) leading, organizing, inciting, or attempting to cause a riot, insurrection, strike, or other serious disturbance that may result in physical harm to another person, significant property damage or significant interference with facility operations;

(v) procuring, possessing, brandishing, or using a weapon that poses a threat to the health, safety, or security of staff, incarcerated individuals, or security of the facility;

(vi) procuring, possessing, using or distributing dangerous contraband that poses a threat to the health, safety, or security of staff, incarcerated individuals, or security of the facility;

(vii) escaping, attempting to escape or facilitating an escape from a facility, or absconding or attempting to abscond outside of the facility; or

(viii) engaging in conduct constituting a felony under the penal law.

Such disposition shall be for a designated period of time as specified by the hearing officer (7 NYCRR 254.7) and in accordance with the disciplinary sanction guidelines as referenced in 7 NYCRR § 270.2.

(b) An incarcerated individual may be placed in segregated confinement in connection with a disciplinary disposition rendered at another facility.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 301.2

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023