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 7077.6 - Duration of stay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any sanction
					 imposed on an incarcerated individual requiring segregated confinement shall
					 run while the individual is in a residential rehabilitation unit and the
					 individual shall be discharged from the unit before or at the time such
					 sanction expires. If the individual's rehabilitation plan is successfully
					 completed before the sanction expires, the individual shall have a right to be
					 discharged from the unit upon such completion.
(b) If an incarcerated individual has not
					 been discharged from a residential rehabilitation unit within one year of
					 initial admission to such a unit, the individual shall have a right to be
					 discharged from the unit unless the individual committed a violent felony act
					 within the prior one hundred eighty (180) days and the individual poses a
					 significant and unreasonable risk to the safety or security of incarcerated
					 persons or staff. In any such case the decision not to discharge such
					 individual shall be immediately and automatically subjected to an independent
					 review by the chief administrative officer. An incarcerated individual may
					 remain in a residential rehabilitation unit beyond the time limits provided in
					 this section if approved by the chief administrative officer. In extraordinary
					 circumstances, a person who has not committed a violent felony act within the
					 prior one hundred eighty (180) days may remain in a residential rehabilitation
					 unit beyond the time limits provided in this section if the chief
					 administrative officer determines that such individual poses an extraordinary
					 and unacceptable risk of imminent harm to the safety or security of
					 incarcerated persons or staff.
(c)
					 There shall be a meaningful periodic review of the status of each incarcerated
					 individual in a residential rehabilitation unit at least every sixty (60) days
					 to assess the individual's progress and determine if the individual should be
					 discharged from the unit. Following such periodic review, if the individual is
					 not discharged from the unit, program and mental health staff shall specify in
					 writing the reasons for the determination and the program, treatment, service,
					 and/or corrective action required before discharge. The incarcerated individual
					 shall be given access to the programs, treatment and services specified, and
					 shall have a right to be discharged from the residential rehabilitation unit
					 upon the successful fulfillment of such requirements.
(d) When an incarcerated individual is
					 discharged from a residential rehabilitation unit, any remaining time to serve
					 on any underlying disciplinary sanction shall be dismissed. If an incarcerated
					 individual substantially completes the developed rehabilitation plan, the
					 individual shall have any associated loss of good time restored upon discharge
					 from the unit.