N.Y. Comp. Codes R. & Regs. tit. 9 § 7075.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7075.5 - Deprivation of essential services

(a) Unless specifically allowed in this Chapter, the provision of an essential service to an incarcerated individual shall not be denied, restricted or limited as a means of discipline or punishment.

(b) Unless otherwise specified by the provisions of this Chapter, the provision of an essential service to an incarcerated individual shall not be denied, restricted or limited unless the chief administrative officer determines that providing such essential service would cause a threat to the safety, security, or good order of the facility, or the safety, security, or health of any individual. Any such determination shall be made by the chief administrative officer in writing, and shall state the specific facts and reasons underlying the determination.

(c) Any determination made pursuant to subdivision (b) of this section shall be reviewed by the chief administrative officer at intervals not to exceed seven days. A review conducted by the chief administrative officer, pursuant to this subdivision, which may impact an individual's health shall include consultation with the jail physician, facility medical director, or other qualified facility health staff. Following each such review, the chief administrative officer shall document, in writing, a summary of any consultation with health staff, whether such determination shall continue or cease, and state the specific facts and reasons underlying the continuance or termination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7075.5

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