N.Y. Comp. Codes R. & Regs. tit. 9 § 7075.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 7075.4 - Confinement

(a) Other than incarcerated individuals subject to segregation, segregated confinement, voluntary confinement, confinement during established sleep hours, confinement for purposes of medical or mental health treatment, confinement to a housing unit designated for classification purposes, confinement for the purpose of providing constant supervision, routine confinement necessary for a change of shift, conducting an incarcerated population count, or the provision of routine services, or temporary confinement necessary to quell a disturbance or incident, any incarcerated individual assigned to an individual or multiple occupancy housing unit shall have unrestrained access to adjoining dayroom space.

(b) Absent exigent circumstances, no incarcerated individual shall be confined in any room, space or other area of the facility that is not designed, intended and purposed for the confinement of individuals, nor any housing unit, cell or pen not listed as appropriate housing on, or beyond the allowable duration specified by, the maximum facility capacity formulation issued by the commission pursuant to section 7040.7 of this Part. Additionally, no facility shall operate an incarcerated individual housing area, or subdivision thereof, for special housing unless it is specifically designated for such use on the maximum facility capacity formulation, issued by the commission pursuant to section 7040.7 of this Part.

(c) Each segregated individual assigned to a multiple occupancy housing unit shall be allowed a minimum of seven (7) hours per day outside the sleeping area.

(d) An administratively segregated incarcerated individual shall only be confined in special housing upon a determination of the chief administrative officer that such incarcerated individual's presence in the facility's general housing would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, the facility, or would present an unreasonable risk of escape. Any such determination shall be made by the chief administrative officer in writing, and shall state the specific facts and reasons underlying the determination.

(e) The confinement of an incarcerated individual to an individual occupancy housing unit for medical or mental health treatment shall, if available, be within the facility's clinical area or in as close proximity to a medical or mental health unit as possible.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7075.4

Adopted New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019

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