N.Y. Comp. Codes R. & Regs. tit. 9 § 7006.1

Current through Register Vol. 46, No. 24, June 12, 2024

Section 7006.1 - Policy and definitions

(a) In order to promote the safety, security and welfare of all incarcerated individuals and staff within local correctional facilities, the chief administrative officer of each facility shall establish and maintain a system of discipline designed to set standards of appropriate behavior, encourage self-control and punish misbehavior fairly, impartially and consistently.

(b) As used in this Part, the following definitions shall apply to the terms listed below:

(1)Segregated confinement shall mean the confinement of an incarcerated individual to an individual occupancy housing unit, in any form, for more than seventeen (17) hours a day, other than in a facility-wide emergency or for the purpose of providing medical or mental health treatment.

(2)Special population shall mean any incarcerated individual:

(i) 21 years of age or younger;

(ii) 55 years of age or older;

(iii) with a disability, as defined in section 292 of the Executive Law; or

(iv) who is pregnant, in the first eight (8) weeks of the post-partum recovery period after giving birth, or caring for a child in the facility.

(3)Residential rehabilitation unit shall mean a separate housing unit used for therapy, treatment, and rehabilitative programming of incarcerated individuals who have been determined to require more than fifteen (15) days of segregated confinement pursuant to facility proceedings.

(4)Chief administrative officer shall mean the highest-ranking facility official present during the time period in which a determination must be rendered.

(5)Violent felony act shall mean conduct of an incarcerated individual that constitutes:

(i) causing or attempting to cause serious physical injury or death to another person or making an imminent threat of such serious physical injury or death if the person has a history of causing such physical injury or death and the chief administrative officer reasonably determines that there is a strong likelihood that the person will carry out such threat;

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

(iii) extorting another, by force or threat of force, for property or money;

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

(v) leading, organizing, inciting, or attempting to cause a riot, insurrection, or other similarly serious disturbance that results in the taking of a hostage, major property damage, or physical harm to another person;

(vi) procuring a deadly weapon or other dangerous contraband that poses a serious threat to the security of the facility; or

(vii) escaping, attempting to escape or facilitating an escape from a facility or escaping or attempting to escape while under supervision outside such facility.

(6)Maximum facility capacity shall have the same meaning as provided in section 7040.2 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7006.1

Amended New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022