N.Y. Comp. Codes R. & Regs. tit. 9 § 7621.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 7621.7 - Double occupancy housing units originally designated and constructed for double occupancy

(a) A double occupancy housing unit originally designated and constructed for double occupancy is a housing unit with an individually controlled locking device secured from inmate access that was originally designated and constructed to accommodate two inmates. Each double occupancy housing unit originally designated and constructed for double occupancy shall provide a minimum of 50 square feet of floor space per inmate.

(b) Each double occupancy housing unit originally designated and constructed for double occupancy shall house no more than two inmates.

(c) Each double occupancy housing unit originally designated and constructed for double occupancy shall contain the following:

(1) one functioning toilet;

(2) one functioning sink; and

(3) one bed and mattress for each inmate.

(d) Each inmate housed in a double occupancy housing unit originally designated and constructed for double occupancy shall have available one safe storage area.

(e) At least one functioning shower shall be available for each tier or section in which double occupancy housing units originally designated and constructed for double occupancy are located.

(f) Each inmate shall undergo a screening and risk assessment, including a review of medical records, prior to being assigned to a double occupancy housing unit originally designated and constructed for double occupancy. Only those inmates determined by the department to be suitable shall be assigned to double occupancy housing units originally designated and constructed for double occupancy. The department shall adopt written policies and procedures, which shall be filed with the commission, setting forth the standards for determining an inmate's suitability for assignment to a double occupancy housing unit originally designated and constructed for double occupancy. Such standards shall include, but not be limited to, the following factors:

(1) the physical characteristics of the inmate;

(2) the mental state of the inmate;

(3) the health of the inmate;

(4) the inmate's disciplinary and behavioral records; and

(5) the inmate's criminal history and the nature of the offense(s) for which the inmate is currently incarcerated.

(g) An inmate designated as OMH level I shall not be assigned to a double occupancy housing unit originally designated and constructed for double occupancy.

(h) Only those inmates determined by the department to be compatible shall be housed together in a double occupancy housing unit originally designated and constructed for double occupancy. The department shall adopt written policies and procedures, which shall be filed with the commission, setting forth standards for selecting which inmates of those determined to be suitable are to be housed together in a double occupancy housing unit originally designated and constructed for double occupancy. Such standards shall include, but not be limited to, the following factors:

(1) the ethnic and religious backgrounds of the inmates;

(2) the physical capabilities of the inmates;

(3) whether the inmates smoke; and

(4) known enemies of record.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7621.7

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