N.Y. Comp. Codes R. & Regs. tit. 7 § 301.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 301.4 - Administrative segregation admissions

(a) This section applies to the involuntary removal of an incarcerated individual from general confinement and placement in a special housing unit or residential rehabilitation unit based upon a determination that the individual's continued presence in general population would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, or the facility, or would present an unreasonable risk of escape. Such determination shall be made by the facility superintendent, the deputy commissioner for correctional facilities or their designee.

(b) Within seven days after the initial determination and placement within administrative segregation housing, a hearing shall be conducted pursuant to Part 254 of this Title to consider the specific reasons for administrative segregation, leading to a final determination either to retain or release the incarcerated individual from administrative segregation. An initial written determination of the findings shall be reviewed by the deputy commissioner for correctional facilities or their designee who shall issue a final written determination to the incarcerated individual within seven days of receipt of the initial determination.

(c) An incarcerated individual in administrative segregation status shall have such status reviewed every seven days for the first two months and at least every 30 days thereafter to determine whether such individual's release to general population would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, or the facility, or present an unreasonable risk of escape. The review shall be performed in accordance with the following procedure:

(1) 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 shall examine the incarcerated individual's institutional record and prepare and submit to the deputy commissioner for correctional facilities or their designee a report setting forth the following:

(i) reasons why the individual was initially determined to be appropriate for administrative segregation;

(ii) information on the individual's subsequent behavior and attitude; and

(iii) any other factors that they believe may favor retaining the individual in or releasing the individual from administrative segregation.

(2) Upon receipt of the report and any written statement received from the incarcerated individual, the deputy commissioner for correctional facilities or their designee shall forward these documents to a three-member central office committee consisting of a representative from the office of facility operations, a member of the department's office of special investigations, and an attorney from the office of counsel. The central office committee shall then complete its review and forward the paperwork along with its recommendation to the deputy commissioner for correctional facilities. Upon receipt of the materials from the central office committee, including any written statement received from the incarcerated individual, the deputy commissioner for correctional facilities or their designee shall document in writing whether such determination shall continue or such individual shall be released from administrative segregation, and shall state the specific facts and reasons underlying the continuance or release.

(3) As part of every review, whenever a determination is made to continue the incarcerated individual in administrative segregation, the deputy commissioner for correctional facilities or their designee shall provide a notice to the individual that states the reason(s) for the determination and includes the following statement:

"A determination has been made to continue your administrative segregation status for the reason(s) stated in this notice. Prior to your next review, you may write to the deputy commissioner for correctional facilities or designee to make a statement regarding the need for continued administrative segregation. The reason(s) stated in this notice, any written statement that you submit, as well as your overall custodial adjustment will be considered during the next scheduled review."

(d) At any time, an incarcerated individual may be evaluated and recommended for return to general population at the current facility or transferred to another facility where it is determined the incarcerated individual may be programmed into general population. Nothing in this subdivision shall be construed to terminate the administrative segregation status of an incarcerated individual upon the individual's transfer to another facility, absent written authorization from the deputy commissioner for correctional facilities or their designee.

(e) Incarcerated individuals in administrative segregation shall maintain normal property and privileges unless the specific item or privilege would cause a threat to the safety and security of the incarcerated individual, other incarcerated individuals, staff, or the facility.

(f) Incarcerated individuals in administrative segregation shall either be released from segregated confinement or diverted to a residential rehabilitation unit, or a step-down unit no later than the time limitations set forth in section 301.1 of this Title.

(g) Incarcerated individuals in special populations as defined in section 1.5 of this Title shall not be placed in administrative segregation for any length of time.

(h) Incarcerated individuals in administrative segregation will not be cell-confined more than seventeen hours per day, other than for a facility wide emergency or the purpose of providing medical or mental health treatment.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 301.4

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

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

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