N.Y. Comp. Codes R. & Regs. tit. 7 § 304.1
Current through Register Vol. 46, No. 45, November 2, 2024
(a) The provision of an essential service to an incarcerated individual shall not be denied, restricted or limited as a means of discipline or punishment. The provision of an essential service shall include, but not be limited to correspondence, hygiene items, clothing, bedding, outdoor exercise, food services, health services, religious items and services, printed materials and publications, and legal reference materials.(b) The following incarcerated individual support services are mandated and must be furnished at any time following admission unless deprived by issuance of a deprivation order in accord with section 305.2 of this Title.(c) Incarcerated individuals in segregated confinement shall be offered out-of-cell programming at least four hours per day, including at least one hour for recreation. However, if an incarcerated individual commits a specific act while housed in a SHU and poses a significant risk, their participation in certain programs may be restricted but they must still be provided with at least 4 hours out-of-cell time daily, of which 2 hours are therapeutic programming and 2 hours of recreation.N.Y. Comp. Codes R. & Regs. Tit. 7 § 304.1
Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023