New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 305 - Controls/restrictions/restraints › Section 305.2 - Deprivation order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provision of an essential service to an incarcerated individual shall not be
				denied, restricted, or limited unless the facility deputy superintendent for
				security, officer of the day (O.D.), or higher-ranking authority determines
				that providing such an essential service would cause a threat to the safety or
				security of the facility, or the safety, security, or health of the
				incarcerated individual, staff or other incarcerated individuals. Initial
				authorization may be given verbally but must be confirmed in writing within 24
				hours with a copy to the superintendent, and one copy to the incarcerated
				individual. The writing shall state specific facts and reasons underlying the
				determination.
(b) Each deprivation
				order must be reviewed on a daily basis by the deputy superintendent for
				security or, in his or her absence, the O.D. or higher-ranking authority. If
				the O.D. is not present at the facility (weekends or holidays), the watch
				commander will personally review the deprivation order and sign the form
				indicating approval or discontinuance. This review shall be documented by the
				reviewing officer, who shall initial and date the order, adding any comments
				that are appropriate.
(c) Any
				determination made pursuant to this Part shall be reviewed by the facility
				superintendent at intervals not to exceed seven days. If a deprivation order
				has been in effect for seven days, the superintendent and incarcerated
				individual shall receive a written notice of renewal on the seventh day and,
				thereafter, every seventh day that the order remains in effect.
(d) The written order and any notice of
				renewal thereafter must briefly state the reason(s) for the deprivation and
				contain the following notice to the incarcerated individual: "You may write to
				the deputy superintendent for security or his/her designee to make a statement
				on the need for continuing the deprivation order."
(e) A review conducted by the facility
				superintendent pursuant to this Part which may impact an incarcerated
				individual's health shall include consultation with qualified facility health
				staff who shall record, in writing, any determination that continuing the
				deprivation would not risk significantly compromising the health of the
				incarcerated individual. Following each such review, the facility
				superintendent shall document, in writing, whether such determination shall
				continue or cease, and state the specific facts and reasons underlying the
				continuance or termination.
(f) Any
				deprivation order depriving an incarcerated individual of minimum standard
				items (e.g., bedding, clothing, etc.) for "mental health" or "psychiatric"
				reasons must be approved by an appropriate clinical professional or, in their
				absence, by the ranking facility health service professional.
(g) If there is an order depriving an
				incarcerated individual of in-cell water, the incarcerated individual's cell
				water shall be turned on for at least 10 minutes, five times per day, as
				follows: approximately 30 minutes prior to the service of each meal, once at
				the beginning of tour I (nights), and once during tour III (evenings) in
				accordance with a schedule established by the superintendent. Staff shall
				notify the incarcerated individual prior to turning on the water and record the
				times that the water is turned on and off in the unit activity log.