N.Y. Comp. Codes R. & Regs. tit. 7 § 304.3
Current through Register Vol. 46, No. 16, April 17, 2024
Incarcerated individuals confined in the SHU must be permitted one hour of outdoor exercise daily, exclusive of the time it takes to go to and return from the exercise area, beginning on the day following admission.
(a) Incarcerated individuals normally will be offered the opportunity for outdoor exercise despite weather conditions. If during the exercise period the weather significantly deteriorates, the incarcerated individual may request and shall be permitted to return to his/her cell. If this occurs, the outdoor exercise opportunity for that day will be considered to have been satisfied.(b) Except at double-celled SHU's, coats and galoshes or rubbers will be maintained on the unit and will be provided during exercise periods in the event of cold or inclement weather.(c) On those rare occasions when the weather so reduces visibility that it significantly impacts the ability of security staff to visually observe the exercise area (i.e., fog, blizzard, etc.), exercise may be curtailed for the duration of the extreme weather conditions by issuance of a deprivation order in accord with section 305.2 of this Title.N.Y. Comp. Codes R. & Regs. Tit. 7 § 304.3
Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023