N.Y. Comp. Codes R. & Regs. tit. 9 § 7402.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7402.5 - Assignment to facility living unit upon facility admission

(a) After the initial screening and assessment by the facility are completed and pending determination of each resident's living unit assignment, the resident shall be placed in an area designated for such purpose. Placement in such unit shall be temporary pending the determination of an appropriate living unit, which shall be completed within three business days of each resident's admission to the secure facility.

(b) In arriving at a determination of each resident's living unit assignment, the facility director, person acting in that capacity, or designee shall base such determination on the following information, if such information is available and accessible:

(1) criminal history;

(2) propensity for victimization;

(3) medical/mental health history;

(4) history of sex offenses;

(5) history of hostile relationships with other residents;

(6) prior attempts at self-injury or suicide;

(7) prior escapes and attempted escapes;

(8) attitude and behavior during present and prior commitments, including any history of assaultive behavior during such commitments; and

(9) any other information which may affect the safety and security of the resident or staff.

(c) Each secure facility shall utilize a formal and objective system for assessment by the facility in order to fulfill the requirements of subdivisions (a) and (b) of this section and section 7402.6 of this Part.

(d) In considering the information contained in subdivision (b) of this section, the facility director, person acting in that capacity, or designee shall examine and verify the following:

(1) records made available from the court or the delivering jurisdiction;

(2) information obtained during a resident's initial screening and assessment by the facility;

(3) records, to the extent relevant, known, accessible and available, to the facility director, person acting in that capacity, or designee which are prepared at or maintained by any detention facility in the state;

(4) information obtained from mental health treatment providers in accordance with the Mental Hygiene Law;

(5) information contained in the resident's medical and psychiatric records if disclosed by the facility medical director and/or mental health supervisory staff pursuant to section 7402.7 of this Part; and

(6) any other relevant information concerning a resident's condition brought to the attention of the facility director, person acting in that capacity, designee, or any other staff by any person.

(e) Within one business day after determination of the living unit assignment, staff shall notify the resident of the determination and explain its implications, if any.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7402.5

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018