N.Y. Comp. Codes R. & Regs. tit. 9 § 7076.2

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

Section 7076.2 - Definitions

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

(a)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.

(b)Special population shall mean any incarcerated individual:

(1) 21 years of age or younger;

(2) 55 years of age or older;

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

(4) 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.

(c)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.

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

(e)Violent felony act shall have the same meaning as provided in section 7006.1 of this Title.

(f)Facility shall mean a county jail or penitentiary, or a local correctional facility under the jurisdiction of the New York City Department of Correction.

(g)Individual occupancy housing unit shall have the same meaning as provided in Part 7040 of this Title.

(h)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 § 7076.2

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