New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7006 - DISCIPLINE › Section 7006.9 - Disciplinary sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 the charges against the inmate are affirmed as a result of the hearing, one or
					 more of the following sanctions may be imposed based upon the inmate's past
					 record and the severity of the offense:
(1)
					 counsel or reprimand;
(2) loss of
					 one or more specified privileges for a period consistent with the facility
					 rules of inmate conduct for the particular offense(s);
(3) restitution for the loss or damage of
					 property made from existing or future funds in the inmate's account;
(4) restitution, not to exceed $100, for
					 facility expenditures related to the medical treatment of facility staff, make
					 from existing or future funds in the inmate's account;
(5) confinement to a cell, room, or in
					 special housing, as that term is defined in section
					 7013.2(h) 
					 of this Title, for a period consistent with the facility rules of conduct for
					 the particular offense(s), subject to the provisions of Parts 7075, 7076 and
					 7077 of this Title, provided that:
(i) no
					 incarcerated individual of a special population may be sanctioned to segregated
					 confinement;
(ii) except as
					 authorized by subparagraph (iii) of this paragraph, an incarcerated individual
					 shall only be sanctioned to segregated confinement for up to three (3)
					 consecutive days, and no longer than six (6) days in any thirty (30) day
					 period;
(iii) an incarcerated
					 individual may be sanctioned to segregated confinement beyond the limitations
					 of subparagraph (ii) of this paragraph or, in a facility with a maximum
					 facility capacity exceeding five hundred (500), in a residential rehabilitation
					 unit only if the disposition contains a finding that the individual committed a
					 violent felony act, and if the chief administrative officer determines in
					 writing, based on specific objective criteria, the act was so heinous or
					 destructive that placement of the individual in general population housing
					 creates a significant risk of imminent serious physical injury to staff or
					 other incarcerated persons, and creates an unreasonable risk to the security of
					 the facility; and
(iv) for purposes
					 of subparagraph (iii) of this paragraph, the violent felony act of attempting
					 to cause a serious disturbance or to escape shall only be determined to have
					 occurred if there is a clear finding that the incarcerated individual had the
					 intent to cause a serious disturbance or the intent to escape and had completed
					 significant acts in the advancement of the attempt to create a serious
					 disturbance or escape. Evidence of withdrawal or abandonment of a plan to cause
					 a serious disturbance or to escape shall negate a finding of
					 intent;
(6) loss of a
					 specified period of good behavior allowance, subject to restoration pursuant to
					 applicable laws and regulations; and/or
(7) loss of up to one hour of weekly
					 visitation for a period consistent with the facility rules of inmate conduct
					 for the particular offense.