N.Y. Comp. Codes R. & Regs. tit. 9 § 7076.6

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

Section 7076.6 - Duration of segregated confinement

(a) Incarcerated individuals of a special population shall not be placed in segregated confinement for any length of time, except as authorized by subdivision (a) of section 7006.7 of this Title as administrative segregation pending a disciplinary hearing.

(b) No incarcerated individual may be placed in segregated confinement for longer than necessary and no more than fifteen (15) consecutive days, nor shall any individual be placed in segregated confinement for more than twenty (20) total days within any sixty (60) day period except as otherwise provided in subdivision (c) of this section. At these limits, the incarcerated individual must be released from segregated confinement or, in facilities with a maximum facility capacity exceeding five hundred (500), diverted to a separate residential rehabilitation unit. If placement of such individual in segregated confinement would exceed the twenty (20) day limit and the chief administrative officer determines that the individual committed a violent felony act, the chief administrative officer may, in a facility with a maximum facility capacity exceeding five hundred (500), place the individual in segregated confinement until admission to a residential rehabilitation unit can be effectuated. Such admission to a residential rehabilitation unit shall occur as expeditiously as possible and in no case take longer than forty-eight (48) hours from the time such individual is placed in segregated confinement.

(c) For offenses determined to constitute a violent felony act, if occurring more than one time within any sixty (60) day period, up to an additional fifteen (15) consecutive days in segregated confinement may occur for each such additional incident. If such subsequent incident takes place in a residential rehabilitation unit or general population, the incarcerated individual may be returned to segregated confinement for up to fifteen (15) consecutive days. If such subsequent incident takes place in segregated confinement and causes physical injury to another person, the incarcerated individual may receive up to an additional fifteen (15) consecutive days in segregated confinement, provided however that the individual must spend at least fifteen (15) days in a residential rehabilitation unit in between each placement of up to fifteen (15) consecutive days in segregated confinement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7076.6

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