reglab/statecodes huggingface dataset:
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 7006.3 - Rules of inmate conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief administrative officer of each facility shall develop written rules of
					 inmate conduct which contain a list of all rules and regulations governing
					 inmate behavior.
(b) The rules of
					 inmate conduct shall include:
(1) all
					 chargeable offenses;
(2) the range
					 of punishments that may be imposed for each violation, consistent with the
					 seriousness of the conduct prohibited; and
(3) a detailed description and an explanation
					 of the facility's disciplinary procedures.
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 7006.4 - Misbehavior reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
					 a staff member has a reasonable belief that an inmate has committed an offense
					 that constitutes a violation of the facility's rules of inmate conduct, and
					 such violation is not informally resolved, such staff member shall prepare a
					 written misbehavior report.
(b)
					 Each misbehavior report shall include:
(1) the
					 name(s) of the inmate(s) charged with the misconduct;
(2) the date, time and place of
					 occurrence;
(3) a description of
					 the incident or behavior involved and the rule(s) allegedly violated;
(4) the date and time the report is
					 written;
(5) the reporting staff
					 member's printed name and signature.
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 7006.5 - Investigative processes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 investigation into the facts and circumstances of the incident shall be
					 initiated if the chief administrative officer determines that the circumstances
					 warrant such an investigation.
(b)
					 In those cases where an investigation is deemed necessary, the investigation
					 shall be conducted by persons who were not involved in the incident, and a
					 completed report shall be provided to the hearing officer prior to any hearing
					 based on the incident investigated.
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 7006.6 - Assistance to inmates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 an inmate is non-English speaking, illiterate, or for any other reason is
					 unable to prepare a defense, assistance shall be provided to the inmate by a
					 person designated by the chief administrative officer at least 24 hours prior
					 to the hearing.
(b) Such assistance
					 shall include:
(1) interviewing
					 witnesses;
(2) obtaining evidence
					 and/or written statements;
(3)
					 providing assistance at the disciplinary hearing;
(4) providing assistance understanding
					 administrative segregation decisions;
(5) providing assistance understanding the
					 evidence relied on by the hearing officer and the reasons for action
					 taken;
(6) providing assistance
					 understanding the waiver of any rights provided by this Part; and
(7) providing assistance in filing an appeal
					 as provided by this Part.
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 7006.7 - Administrative segregation pending a disciplinary hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An incarcerated individual who threatens
					 the safety, security, and good order of the facility may be immediately
					 confined in a cell or room pending a disciplinary hearing and may be retained
					 in administrative segregation until the completion of the disciplinary process,
					 subject to the limitations of Parts 7075, 7076 and 7077 of this Chapter,
					 provided that:
(1) any such administration
					 segregation shall not constitute segregated confinement unless the chief
					 administrative officer reasonably believes, and issues a written determination
					 that, the individual fits the specified criteria for segregated confinement set
					 forth in subparagraph (iii) of paragraph (5) of subdivision (a) of section
					 7006.9 
					 of this Part; and
(2) any
					 incarcerated individual of a special population placed in segregated
					 confinement pending a disciplinary hearing shall, as expeditiously as possible,
					 but in no case longer than forty-eight (48) hours from the time of such
					 placement, be given at least seven (7) hours a day outside his or her assigned
					 individual occupancy unit or shall, in a facility with a maximum facility
					 capacity exceeding five hundred (500), be transferred to a residential
					 rehabilitation unit.
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 7006.10 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 inmate shall have the right to appeal the hearing officer's disposition and any
					 sanction to the chief administrative officer. Such appeal shall be submitted in
					 writing within two business days of the inmate's receipt of the disposition,
					 specifying the grounds for the appeal.
(b) All appeals shall be reviewed and decided
					 within five business days after receipt and each inmate shall be notified in
					 writing of the results.
(c) The
					 chief administrative officer may reduce or suspend all or part of the sanction,
					 but not increase it.
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 7006.11 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A disciplinary
					 record shall be maintained by the facility which shall include the misbehavior
					 report; the investigation report, if prepared; the formal disposition;
					 sanctions imposed, if any; and the appeal documents.
(b) Records generated pursuant to a
					 disciplinary hearing in which an inmate is found not guilty of charges brought
					 against him, after either the hearing or an appeal, shall be kept confidential
					 and shall not be considered in making decisions pertaining to the inmate's
					 participation in programs, services, or local conditional release, or in the
					 granting or withholding of good behavior credits.
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 7007 - Good Behavior Allowances Against Definite Sentences And Certain Civil Commitments › Section 7007.1 - Good behavior allowances against definite sentences and certain civil commitments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Every person confined in a local correctional facility serving a definite
					 sentence of imprisonment may receive time allowances as discretionary
					 reductions of the term of sentence, as provided by law.
(b) Every person confined in an institution
					 serving a civil commitment for a fixed period of time, whose release is not
					 conditional upon any act within his power to perform, may receive time
					 allowances as discretionary reductions of the term of his commitment, as
					 provided by law.
(c) Recordkeeping
					 rules and regulations--good behavior allowances.
(1) In conjunction with the maintenance of
					 other records and accounts as required by law, a written record shall be kept
					 of every person confined in a local correctional facility who may be eligible
					 to receive a discretionary reduction of a definite sentence or sentences, or
					 who may be eligible to receive a discretionary reduction of the term or terms
					 of civil commitment by reason of the application of good behavior
					 allowances.
(2) The record shall
					 indicate the manner in which the discretionary good behavior allowances were
					 calculated and applied to the term of the sentence, sentences, or civil
					 commitment imposed by the court, to establish the date of discharge.
(3) Whenever such good behavior allowance or
					 any part thereof is withheld, forfeited or cancelled in whole or in part, or
					 whenever such good behavior allowance or any part thereof is restored, a
					 notation to that effect shall be entered in the record with a suitable
					 explanation for the action taken.
(4) Upon commencement of any definite
					 sentence or civil commitment, the term of which is not conditional upon any act
					 within the subject's power to perform, the provisions of this section shall be
					 furnished to the inmate serving such sentence or civil commitment and the
					 meaning of the same shall be fully explained by an officer designated for such
					 purpose, and such inmate shall be required to acknowledge in writing that such
					 explanation was made.
(5) The
					 information required to be maintained by this section shall be a public record.
					 It shall be kept on file in each local correctional facility and shall be
					 delivered to the succeeding officer, by the officer in charge.
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 7008 - Visitation › Section 7008.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All prisoners
					 confined in local correctional facilities are entitled to receive periodic
					 visits.
(b) Consistent with the
					 requirements of this Part, visits shall be permitted upon the request of a
					 prisoner or a prospective visitor with the prisoner's consent.
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 7008 - Visitation › Section 7008.2 - Visiting area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A visiting
					 area of sufficient size to meet the requirements of this Part shall be
					 established and maintained in each facility.
(b) The visiting area shall be designed so as
					 to allow physical contact between prisoners and their visitors.
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 7008 - Visitation › Section 7008.3 - Availability of visits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as provided in Part 7006 of this Title, each prisoner shall be entitled
					 to at least two hours of visitation each week. Each visit shall be at least 30
					 minutes.
(b) The chief
					 administrative officer shall establish and publish a schedule of visits to
					 ensure that each inmate has the opportunity for at least two visits per
					 week.
(c) Prisoners shall be
					 permitted to visit with more than one visitor at the same time, with the
					 maximum number of visitors to be determined by the chief administrative
					 officer.
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 7008 - Visitation › Section 7008.4 - Initial visit

Current through Register Vol. 46, No. 28, July 10, 2024
Each prisoner shall be entitled to receive a noncontact
						visit within 24 hours after his admission to a facility and arrangements shall
						be made to ensure the initial visit, upon the prisoner's
						request.
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 7008 - Visitation › Section 7008.5 - Visitor identification and registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
					 Part, any properly identified person shall, with the prisoner's consent, be
					 permitted to visit that prisoner.
(b) As used in this section, the term
					 properly identified person shall mean a person who presents adequate proof as
					 to his identity.
(c) Each visitor
					 shall be required to provide the following information to facility staff:
(1) his name;
(2) his address;
(3) the date;
(4) the time of entry;
(5) the name of the prisoner or prisoners to
					 be visited; and
(6) the time of
					 exit.
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 7008 - Visitation › Section 7008.6 - Contact visits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Physical contact shall be permitted between a prisoner and his
					 visitors.
(b) Prisoners and their
					 visitors shall be required to conduct themselves in a manner consistent with
					 reasonable standards of public decency.
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 7008 - Visitation › Section 7008.7 - Visitation security and supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All prisoners, prior and subsequent to
					 each visit, may be searched solely to ensure that they possess no
					 contraband.
(b) All prospective
					 visitors may be searched solely to ensure that they possess no
					 contraband.
(c) Personal effects,
					 including but not limited to handbags or packages possessed by any prospective
					 visitor, shall be searched or checked with the visiting area supervising
					 officer.
(d) A search of the
					 visiting area shall be conducted prior and subsequent to each visiting
					 period.
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 7008 - Visitation › Section 7008.8 - Limitation of visitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Consistent with the requirements of this Part, the visitation of a prisoner
					 with a particular visitor may be denied, revoked or limited only when it is
					 determined that such visitation would cause a threat to the safety, security or
					 good order of the facility or the facility or the safety, security or health of
					 the prisoners.
(b) Contact visits
					 as provided for in section
					 7008.6  of this
					 Part may be denied, revoked or limited only when it is determined that such
					 visits constitute a threat to the safety, security or good order of a facility.
					 Should a determination be made to deny, revoke or limit a prisoner's contact
					 visits, alternative arrangements for affording the prisoner visits shall be
					 made, including but not limited to noncontact visits.
(c) Any determination to deny, revoke or
					 limit a prisoner's visitation pursuant to subdivisions (a) and (b) of this
					 section shall be made by the chief administrative officer in writing, and shall
					 state the specific facts and reasons underlying such determination. A copy of
					 this determination shall be given to any person affected by the
					 determination.
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 7009 - Food Services › Section 7009.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
					 the requirements of this Part, each local correctional facility shall maintain
					 a facility food service program sufficient to satisfy the daily nutritional
					 needs of each prisoner.
(b) All
					 food service areas, including but not limited to kitchens, dining areas and
					 food storage areas, shall be maintained in accordance with the provisions of
					 section
					 7015.2 
					 of this Title.
(c) A food service
					 organization which provides food services for a local correctional facility
					 must comply with the requirements of this Part and with the requirements of the
					 State Sanitary Code as contained in 10 NYCRR Part 14.
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 7009 - Food Services › Section 7009.2 - Nutritional adequacy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 food service program in each local correctional facility shall ensure that all
					 prisoners are provided with an appropriate level of nutrients and calories.
					 Such appropriate level of nutrients and calories shall be based upon current
					 recommended dietary allowances of the Food and Nutrition Board of the National
					 Academy of Sciences, National Research Council.
(b) The person responsible for the
					 supervision of the facility food service program shall plan and prepare written
					 and dated menus. Such menus shall be reviewed at least annually by a
					 nutritionist or dietician certified by the State Education Department to ensure
					 that they provide an appropriate level of nutrients and calories.
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 7009 - Food Services › Section 7009.3 - Medical diets

Current through Register Vol. 46, No. 28, July 10, 2024
The chief administrative officer shall ensure that any
						medical diet prescribed for a prisoner by a physician or other authorized
						facility health services staff member is provided such
						prisoner.
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 7009 - Food Services › Section 7009.4 - Religious diets

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the requirements of section
						7024.6  of
						this Title, prisoners are entitled to observe reasonable dietary laws
						established by their religion. Each facility shall provide prisoners with food
						items sufficient to meet such reasonable religious dietary
						laws.
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 7009 - Food Services › Section 7009.5 - Food service personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief administrative officer shall designate an individual who shall be
					 responsible for the supervision of the facility food service program. Such
					 person shall be responsible for:
(1) the
					 preparation of menus consistent with the requirements of section
					 7009.2  of
					 this Part; and
(2) the supervision,
					 preparation and service of all meals.
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 7009 - Food Services › Section 7009.6 - Meals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each prisoner
					 in a local correctional facility shall be served at least three meals in each
					 24-hour period. Such meals shall be scheduled so that:
(1) the morning meal is served at a regularly
					 scheduled time between the hours of 5 a.m. and 9 a.m.;
(2) the noon meal is served at a regularly
					 scheduled time between the hours of 11 a.m. and 2 p.m.; and
(3) the evening meal is served at a regularly
					 scheduled time between the hours of 4 p.m. and 7 p.m.
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 7009 - Food Services › Section 7009.7 - Food storage

Current through Register Vol. 46, No. 28, July 10, 2024
All food stored in a local correctional facility shall be
						maintained in such a manner so as to protect against spoilage or contamination.
						Such foods shall be stored in compliance with the requirements of the State
						Sanitary Code as contained in the Public Health Law or any rules or regulations
						promulgated by the New York State Department of Health.
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 7009 - Food Services › Section 7009.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7010 - Health Services › Section 7010.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
					 provide adequate medical care for incarcerated persons, the chief
					 administrative officer of each local correctional facility shall develop and
					 implement written policies and procedures consistent with this Part.
(b) Prompt screening is essential to identify
					 serious or life-threatening medical conditions requiring immediate evaluation
					 and treatment. Appropriate medical appraisal of inmates is necessary to reduce
					 the risk that a serious physical deficiency or medical emergency will be
					 obscured by drug or alcohol ingestion.
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 7010 - Health Services › Section 7010.2 - Health services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 county legislature, board of supervisors or similar county governing unit shall
					 appoint a properly registered physician for the local correctional
					 facility.
(b)
(1) Each prisoner shall be examined by a
					 physician licensed to practice in the State of New York or by medical personnel
					 legally authorized to perform such examination at the time of admission or as
					 soon thereafter as possible, but no later than 14 days after
					 admission.
(2) Documented evidence
					 of an examination by a physician or other authorized medical personnel within
					 the six-month period prior to admission shall satisfy the requirements of this
					 subdivision. Such documentation shall be reviewed and follow-up treatment
					 initiated as necessary.
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 7010 - Health Services › Section 7010.3 - Possession of medication by inmates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Under no circumstances shall a supply of
					 medicine or medication be issued to or be allowed to be in the possession of an
					 inmate.
(b) Any jurisdiction may
					 request a waiver of the requirements of this section by applying for such
					 waiver to the Commission of Correction. The commission shall make a
					 determination regarding such request based upon the facts and circumstances
					 described therein.
(c)
					 Notwithstanding the requirements of subdivision (a) of this section, any inmate
					 prescribed either nitroglycerine or an asthma or other respiratory inhalant
					 shall be issued and allowed to keep on his person a sufficient quantity of such
					 medicine or medication.
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 7010 - Health Services › Section 7010.4 - Storage of medications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 medications shall be stored in a safe and secure manner consistent with the
					 requirements of this section to insure control only by authorized personnel
					 designated by the facility physician.
(b) Each facility shall store all drugs and
					 biologicals in sanitary, locked compartments under proper temperature
					 controls.
(c) Each facility shall
					 store controlled drugs and other drugs subject to abuse in separately locked,
					 permanently affixed, compartments and in accordance with article 33 of the
					 Public Health Law and 10 NYCRR Part 80. Adequate records of dispensing of such
					 drugs, including perpetual inventory record, shall be maintained.
(d) Poisons and medications for "external use
					 only" shall be kept in a locked cabinet and separate from other
					 medications.
(e) Medications whose
					 shelf life has expired or which are otherwise no longer in use shall be
					 disposed of or destroyed in accordance with State and Federal laws and
					 regulations.
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 7010 - Health Services › Section 7010.5 - Return of unused medications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any jurisdiction may apply to the
					 commission for certification to return to the vendor pharmacy from which it was
					 purchased certain unused medications or drugs.
(b) Certification to return certain unused
					 medications or drugs to the vendor pharmacy shall be permitted only under the
					 following conditions:
(1) the facility
					 employs a licensed health care professional; and
(2) access to drugs and biologicals is
					 permitted only by authorized licensed health care professionals designated by
					 the facility physician.
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 7010 - Health Services › Section 7010.6 - Report concerning the condition of inmates kept apart from the general population

Current through Register Vol. 46, No. 28, July 10, 2024
The report required by section 500-k and paragraph (d) of
						subdivision (6) of section 137  of the Correction Law concerning the
						condition of inmates kept apart from the general population shall be submitted
						to the sheriff or, in local correctional facilities not under the custody and
						control of the sheriff, to the Commissioner of Correction or other person in
						charge of such facility.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part shall be to ensure that each
						local correctional facility implement a jail-based substance use disorder
						treatment and transition services program that supports the initiation,
						operation and enhancement of substance use disorder treatment and transition
						services for incarcerated individuals with substance use disorder.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definitions shall
						apply to the terms listed below:
(a)
					 Commissioner shall mean the Commissioner of the New York State Office of
					 Addiction Services and Supports.
(b)
					 Jail physician shall mean the physician appointed or designated pursuant to
					 section 501  of the
					 Correction Law.
(c) Medication
					 assisted treatment shall mean the treatment of chemical dependence or abuse and
					 concomitant conditions with medications requiring a prescription or order from
					 an authorized prescribing professional.
(d) Chief administrative officer shall mean
					 the highest-ranking official of the facility.
(e) Sheriff shall mean the individual having
					 custody of a local correctional facility pursuant to subdivisions (1) and (2)
					 of section 500-c  of the
					 Correction Law.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, each
						facility shall establish and implement policies and procedures for the
						operation of a substance use disorder treatment and transition services program
						pursuant to a plan approved by the Commissioner in accordance with section 19.18-c 
						of the Mental Hygiene Law.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.4 - Plan for providing services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Services to be provided by a facility's substance use disorder treatment and
					 transition services program shall be in accordance with a plan developed by
					 participating local governmental units, in collaboration with the sheriff,
					 taking into account local needs and available resources.
(b) Any such plan required by subdivision (a)
					 of this section shall include, but not be limited to, the following:
(1) Alcohol, benzodiazepine, heroin and
					 opioid withdrawal management;
(2)
					 At least one formulation of every form of medication assisted treatments
					 approved for the treatment of a substance use disorder by the Federal Food and
					 Drug Administration necessary to ensure that each individual participating in
					 the program receives the particular form found to be the most effective at
					 treating and meeting their individual needs. The Commissioner may allow a
					 facility a limited exemption to providing opioid full agonist treatment
					 medications where the Commissioner determines that no providers that have
					 received the required accreditation are located within a reasonable distance of
					 the facility. A facility that does not have the resources available to meet
					 standards set forth herein may apply to the Commissioner for a limited
					 exception allowing such facility to enter into an agreement with a community-
					 or jail-based program offering substance use disorder treatment and transition
					 services to provide such services to individuals in the facility. Any such
					 determination shall be reviewed on a regular basis;
(3) Group and individual counseling and
					 clinical support;
(4) Peer
					 support;
(5) Discharge planning;
					 and
(6) Re-entry and transitional
					 supports.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.5 - Program screening, placement and participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Without unnecessary delay, but no later than seventy-two (72) hours following a
					 referral, an incarcerated individual shall receive a medical screening to
					 determine if the individual suffers from a substance use disorder for which
					 medication assisted treatment exists.
(b) Following the medical screening, an
					 incarcerated individual who is determined to suffer from a substance use
					 disorder for which medication assisted treatment exists shall be offered
					 placement in the medication assisted treatment program. Placement in such
					 program shall not be mandatory. The offer of placement shall be made in
					 writing, and the decision to accept or deny placement shall be verified by the
					 incarcerated individual's signature and witnessed and signed by an appropriate
					 staff member. If, for any reason, the incarcerated individual is not able to
					 verify, or refuses to verify the decision, the same must be recorded in writing
					 on the offer of placement and witnessed and signed by two (2) appropriate staff
					 members.
(c) Participation in the
					 medication assisted treatment program shall not be unreasonably withheld from a
					 qualified incarcerated individual. An incarcerated individual using medication
					 assisted treatment prior to such individual's incarceration shall be eligible
					 to, upon request by such individual, continue such treatment in the medication
					 assisted treatment program for any period of time during such individual's
					 incarceration.
(d) No individual
					 shall be denied participation in the program on the basis of a positive drug
					 screening upon entering custody or upon intake into the program; nor shall any
					 individual receive a disciplinary infraction for such positive drug screening.
					 No individual shall be removed from, or denied participation in the program on
					 the basis of having received any disciplinary infraction before entry into the
					 program, or during participation in the program.
(e) An incarcerated individual may enter into
					 such program at any time during the individual's incarceration, and an
					 individual's request to participate in the program shall result in an immediate
					 referral for additional medical screening pursuant to subdivision (a) of this
					 section.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.6 - Program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 participating incarcerated individual shall work with an authorized specialist
					 to develop an individualized treatment plan, including an appropriate level of
					 counseling and planning for continuity of care upon return to the
					 community.
(b) Decisions regarding
					 type, dosage, or duration of any medication regimen shall be made by a
					 qualified health care professional licensed or certified under Title VIII of
					 the Education Law who is authorized to administer such medication in
					 conjunction with the incarcerated individual.
(c) Such program shall also include
					 conditions for a reentry strategy for incarcerated individuals who have
					 participated in medication assisted treatment. Such strategy shall include, but
					 not be limited to, providing each participating incarcerated individual with
					 information on available treatment facilities in their area, information on
					 available housing and employment resources, and any other information that will
					 assist the incarcerated individual in continued recovery once released. Such
					 program shall also assist the incarcerated individual in Medicaid enrollment,
					 prior to release.
(d) Such program
					 shall provide participating incarcerated individuals preparing for release from
					 the facility with a one-week supply of any necessary medication, where
					 permissible under federal laws and regulations to continue their medication
					 assisted treatment in an effort to prevent relapse.
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 7011 - Substance Use Disorder Treatment and Transition Services › Section 7011.7 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Records detailing each individual's screening, placement and participation, and
					 each participating individual's program required by sections
					 7011.5 and
					 7011.6  of this Title including, but
					 not limited to, the offer of placement, individualized treatment plan,
					 medication regimen, conditions for a reentry strategy, and medication supply to
					 released individuals, shall be maintained in writing or electronically, and
					 shall sufficiently report the name of the incarcerated individual, the names of
					 all facility/program staff involved, the date, and the name of the recording
					 individual.
(b) Contemporary
					 medication administration records shall be maintained for every incarcerated
					 individual receiving medication assisted treatment pursuant to a facility's
					 substance use disorder treatment and transition services program.
(c)  The jail physician and other designated
					 facility health staff shall retain all records required by this section in the
					 facility, or shall otherwise have the ability to immediately access such
					 records as necessary.
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 7012 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7013 - CLASSIFICATION › Section 7013.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to provide for the effective management of
						inmate populations and facility housing units in a safe and secure correctional
						environment, the chief administrative officer of each correctional facility
						shall establish, implement and maintain a formal and objective system for the
						consistent classification of all inmates. Compliance with this Part shall
						ensure that each facility develops and implements a classification system that
						provides a mechanism for inmate screening, assessment and classification review
						to identify the special needs and security and supervision requirements of
						inmates in order to determine appropriate housing
						assignments.
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 7013 - CLASSIFICATION › Section 7013.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definitions shall
						apply to the terms listed below:
(a)
Classification
shall mean the process of assigning inmates to
					 appropriate housing by determining security and supervision requirements and
					 inmate special needs based on screening and risk assessment and pursuant to New
					 York State Correction Law.
(b)
Formal and objective system
shall mean a procedure for
					 determining an inmate's appropriate housing assignment which utilizes a point
					 scale, decision tree or other method capable of quantifiable analysis or
					 computation.
(c)
Initial
					 screening
shall mean a risk assessment and preliminary determination
					 of an inmate's special needs and security and supervision requirements upon his
					 admission to the facility.
(d)
Primary housing assignment
shall mean the housing assignment
					 of an inmate which is made after the initial screening and classification
					 process.
(e)
Inmate
					 records
shall have the same meaning as set forth in section 7033.2  of
					 this Title.
(f)
Inmate
					 medical and psychiatric records
shall have the same meaning as set
					 forth in section 7033.2  of this Title.
(g)
Classification review
shall mean any classification status assessment made subsequent to an inmate's
					 primary housing assignment.
(h)
Special housing
shall mean any incarcerated individual housing
					 area, or subdivision thereof, used principally for punitive or other
					 administrative segregation.
(i)
Staffing substantial noncompliance
shall mean a condition
					 whereby the actual daily staffing pattern, averaged weekly for at least a
					 four-week period, is below the number of staff necessary to perform the
					 required functions and tasks on a 24-hour basis, exclusive of the full coverage
					 factor, as determined by the commission pursuant to section 7041.2  of this
					 Title.
(j)
Security
					 substantial noncompliance
shall mean a violation of any of the
					 following requirements:
(1) section
					 7003.3(a)-(e) and (h)-(i)  of this Title, supervision of prisoners in facility
					 housing areas;
(2) section
					 7003.6(a)  of this Title, requirements of facility staff members prior to
					 assuming responsibilities in an assigned facility area; and
(3) section 7041.2(a)(1)  of this Title,
					 supervisory staff levels.
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 7013 - CLASSIFICATION › Section 7013.3 - Facility policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief administrative officer of each
					 correctional facility shall develop and implement written policies and
					 procedures which provide for the assessment and classification of inmates and
					 comply with the requirements of this Part. Such policies and procedures shall
					 include, but are not limited to:
(1) staff
					 responsibilities for functions relative to classification;
(2) completion of initial screening and risk
					 assessment, including but not limited to the determination of security and
					 supervision requirements and inmate special needs;
(3) use of formal risk assessment instruments
					 and other appropriate admissions forms in the classification process;
(4) classification assessments made
					 subsequent to initial screening for the assignment of inmates to appropriate
					 facility housing areas;
(5) inmate
					 notification of all classification determinations made subsequent to initial
					 screening and risk assessment;
(6)
					 procedures governing the disclosure of information contained in the detailed
					 summaries of inmate medical and psychiatric records by the facility medical
					 director pursuant to section
					 7013.10 
					 of this Part; and
(7) review and
					 revision of such policies and procedures.
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 7013 - CLASSIFICATION › Section 7013.4 - Classification categories

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided in this Part, there shall be 12 classification
					 categories for the purpose of housing inmates within each correctional
					 facility. Such classification categories are derived from three basic
					 categories:
(1) serving sentence;
(2) civil process or contempt; and
(3) criminal process, trial or examination,
					 material witness.