N.Y. Comp. Codes R. & Regs. tit. 9 § 7013.5

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

Section 7013.5 - Classification during an emergency overcrowding condition

(a) When, in the opinion of the chief administrative officer, an emergency overcrowding condition exists in a county correctional facility which is already classifying its inmates according to the four classification categories specified in section 7013.4(d) of this Part and is caused in part by the prohibition against commingling minors and adults, such officer may apply to the commission to commingle minors and adults within facility housing areas for a period not to exceed 30 days as provided in this section.

(b) The chief administrative officer shall contact the commission by telephone, which shall serve as the application, and provide the commission with the following initial summary information:

(1) the nature and extent of the emergency overcrowding condition;

(2) attempts made to secure substitute jail housing space within or outside the county; and

(3) a description of any areas within the facility which could provide safe and secure inmate housing on a temporary basis.

(c) A chief administrative officer's application to commingle adults and minors shall be denied if the commission determines one or more of the following conditions exists:

(1) an emergency overcrowding condition does not exist as defined in section 7013.2(l) of this Part;

(2) the facility is in substantial noncompliance with commission staffing requirements; or

(3) such commingling would present a danger to the health, safety or welfare of inmates within the facility.

(d) The chief administrative officer shall be permitted to commingle minors and adults within facility housing areas for an initial period not to exceed seven days. Such period shall begin when the initial telephone application is received by the officer of the day as designated by the commission unless such officer immediately denies the application.

(e) Provided the commission permits the chief administrative officer to commingle beyond the initial seven-day period, such commingling shall not exceed 30 days.

(f) The commingling of minors and adults shall cease immediately upon notification to the chief administrative officer of the commission's denial to commingle. Such denial shall be based on deficiencies and/or dangers cited by the commission.

(g) The chief administrative officer may correct such deficiencies and/or dangers delineated by the commission and reapply to the commission for permission to commingle minors and adults within facility housing areas. However, no commingling shall occur until the chief administrative officer receives certification from the commission that the facility has corrected the deficiencies cited by the commission.

(h) When such certification has been received by the chief administrative officer, the commingling may continue for 30 days, less any time during which minors and adults were commingled following the initial application to the commission.

(i) The chief administrative officer may apply to the commission a maximum of three times a year for permission to commingle adults and minors within facility housing areas. Such commingling shall be permitted for a maximum of 30 days per period in a given calendar year, pursuant to the requirements of this section.

(j) The chief administrative officer shall cease the commingling when either the overcrowding which necessitated the commingling no longer exists or the 30- day period has expired, whichever occurs first.

(k) Before any such commingling of adults and minors occurs, the chief administrative officer shall thoroughly review information related to initial screening and risk assessment and primary housing assignments pursuant to sections 7013.7(b) and 7013.8(c)-(e) of this Part concerning all inmates being considered for such commingling.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7013.5