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 7077 - Residential Rehabilitation Units › Section 7077.5 - Programming

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon admission
					 to a residential rehabilitation unit, program and mental health staff shall
					 administer assessments and develop an individual rehabilitation plan in
					 consultation with the incarcerated individual, based upon the individual's
					 medical, mental health, and programming needs. Such plan shall identify
					 specific goals and programs, treatment, and services to be offered, with
					 projected time frames for completion and discharge from the residential
					 rehabilitation unit.
(b)
					 Incarcerated individuals admitted to a residential rehabilitation unit shall be
					 offered at least six (6) hours of daily out-of-cell congregate programming,
					 services, treatment, recreation, activities and/or meals, with an additional
					 minimum of one hour for exercise. Exercise in all residential rehabilitation
					 units shall take place in a congregate setting, unless exceptional
					 circumstances mean doing so would create a significant and unreasonable risk to
					 the safety and security of other incarcerated individuals, staff, or the
					 facility.
(c) Incarcerated
					 individuals in residential rehabilitation units 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 dayroom or out-of-cell recreation area with other
					 people, congregate meals, volunteer programs, or other congregate
					 activities.
(d) An incarcerated
					 individual in a residential rehabilitation unit shall have access to programs
					 and work assignments comparable to core programs and types of work assignments
					 in general population. Such incarcerated individuals shall also have access to
					 additional out-of-cell, trauma-informed therapeutic programming aimed at
					 promoting personal development, addressing underlying causes of problematic
					 behavior resulting in placement in a residential rehabilitation unit, and
					 helping prepare for discharge from the unit and to the community.
(e) If established that an incarcerated
					 individual committed a violent felony act while in a residential rehabilitation
					 unit 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 individual commits
					 a new violent felony act justifying restrictions on program access, or if the
					 chief administrative officer reasonably determines that the individual poses an
					 extraordinary and unacceptable risk of imminent harm to the safety or security
					 of 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 officer 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 other 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.
(f)
					 Restraints shall not be used when incarcerated individuals are participating in
					 out-of-cell activities within a residential rehabilitation unit unless an
					 individual assessment is made that restraints are required because of a
					 significant and unreasonable risk to the safety and security of other
					 incarcerated individuals or staff.