N.Y. Comp. Codes R. & Regs. tit. 7 § 330.3

Current through Register Vol. 46, No. 19, May 8, 2024

Section 330.3 - Admission and transfer policy

Consistent with the department's policy of providing appropriate programming, incarcerated individuals placed in protective custody status will be evaluated and recommended for transfer to facilities where they may be appropriately programmed in general population. This provision is not applicable, however, to incarcerated individuals at reception centers or assigned to a protective custody unit at Mid-State, Attica, Clinton, Elmira, Great Meadow, Green Haven, Hudson, Sing Sing, or Woodbourne Correctional Facilities; or assigned to the assessment and program preparation unit (APPU) at Clinton Correctional Facility.

(a)Voluntary protective custody incarcerated individual. An incarcerated individual in this status may request reassignment to general population. Such request shall be evaluated and within 14 days the incarcerated individual shall either be assigned to general population or be subject to a hearing, conducted in accordance with the provisions of Part 254 of this Title, to determine the need for assignment to involuntary protective custody status.

(b)Involuntary protective custody incarcerated individual.

(1) An incarcerated individual in this status shall have a hearing, conducted within 14 days in accordance with directive(s), to determine the need for protective custody admission.

(2) An incarcerated individual in this status shall have such status reviewed every 30 days by a three-member committee consisting of a representative of the facility executive staff, a security supervisor, and a member of the guidance and counseling staff. The results of such review shall be forwarded, in writing, to the superintendent for final determination.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 330.3

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