Current through Register Vol. 46, No. 53, December 31, 2024
Section 7076.5 - Programming(a) Incarcerated individuals in segregated confinement shall be offered out-of-cell programming at least four (4) hours per day, including at least one (1) hour for exercise.(b) Incarcerated individuals in segregated confinement shall be offered programming led by program or therapeutic staff five (5) days per week, except on recognized state legal holidays. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities.(c) If established that an incarcerated individual committed a violent felony act while in segregated confinement and poses a significant and unreasonable risk to the safety and security of other incarcerated individuals or staff, the chief administrative officer may restrict such individual's participation in programming and out-of-cell activities as necessary for the safety of other incarcerated individuals and staff. If such restrictions are imposed, the facility must provide at least four (4) hours out-of-cell time daily, including at least two (2) hours of therapeutic programming and two (2) hours of exercise, and must make reasonable efforts to reinstate access to programming as soon as possible. In no case may such restrictions extend beyond fifteen (15) days unless the incarcerated individual commits a new violent felony act justifying restrictions on program access, or if the chief administrative officer reasonably determines that the incarcerated individual poses an extraordinary and unacceptable risk of imminent harm to the safety or security of other incarcerated individuals or staff. Any extension of program restrictions beyond fifteen (15) days must be meaningfully reviewed and approved at least every fifteen (15) days by the chief administrative officer. Each review must consider the impact of therapeutic programming provided during the fifteen (15) day period on the individual's risk of imminent harm and the chief administrative must articulate in writing, with a copy provided to the incarcerated individual, the specific reason why the individual currently poses an extraordinary and unacceptable risk of imminent harm to the safety or security of incarcerated individuals or staff. In no case may restrictions imposed by the chief administrative officer extend beyond ninety (90) days unless the individual commits a new violent felony act justifying restrictions on program access.N.Y. Comp. Codes R. & Regs. Tit. 9 § 7076.5
Adpoted New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022