N.Y. Comp. Codes R. & Regs. tit. 9 § 7013.4

Current through Register Vol. 46, No. 25, June 18, 2024
Section 7013.4 - Classification categories
(a) Except as otherwise provided in this Part, there shall be 12 classification categories for the purpose of housing inmates within each correctional facility. Such classification categories are derived from three basic categories:
(1) serving sentence;
(2) civil process or contempt; and
(3) criminal process, trial or examination, material witness.
(b) Each basic category contains the following four subcategories:
(1) male adults, ages 18 and over;
(2) male minors, ages 16 to 17 inclusive;
(3) female adults, ages 18 and over; and
(4) female minors, ages 16 to 17 inclusive.
(c) The chief administrative officer may reduce the 12 classification categories specified in subdivisions (a) and (b) of this section to four categories, provided the following conditions are met:
(1) the county has a Division of Probation and Correctional Alternatives-approved Alternatives to Incarceration Service Plan pursuant to Executive Law, article 13-A; and
(2) the commission determines, pursuant to section 7013.2 of this Part, the facility is not in substantial noncompliance with:
(i) staffing requirements;
(ii) security requirements; and
(iii) maximum facility capacity requirements.
(d) Correctional facilities meeting the requirements of subdivision (c) of this section may be permitted to reduce from 12 classification catego- ries to the following four categories:
(1) male adults, ages 18 and over;
(2) male minors, ages 16 to 17 inclusive;
(3) female adults, ages 18 and over; and
(4) female minors, ages 16 to 17 inclusive.
(e) Except as otherwise provided in section 7013.6(a)(1) of this Part, inmates of one classification category as specified under subdivision (a), (b) or (d) of this section shall not be confined in the same housing areas with inmates of other categories.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7013.4

Amended, New York State Register December 10, 2014/Volume XXXVI, Issue 49, eff.12/10/2014