reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.9 - Religious counseling

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Counseling by a member of the facility's ministerial services staff will be
				provided upon the written request of an inmate.
(b) The facility senior chaplain or a
				designated member of the ministerial services staff will be required to make a
				minimum of one round per week in the SHU.
(c) No inmate religious advisor or assistant
				will be permitted to visit the SHU.
(d) Attendance at congregate religious
				services will not be permitted.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.10 - Counseling services

Current through Register Vol. 46, No. 28, July 10, 2024
Inmates who have displayed such adverse behavior as to
				  warrant assignment to a SHU generally require counseling services to a greater
				  extent than most inmates in general population.
(a) A correction counselor will visit the SHU
				on a daily basis (excluding weekends and holidays) to provide appropriate
				counseling services. This will include responding to inmate requests,
				correction counselor referrals, emergency services, and to see each new
				admission.
(b) Counseling contacts
				will be noted in each inmate's guidance and counseling unit file and in the
				appropriate SHU file.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.11 - Education

Current through Register Vol. 46, No. 28, July 10, 2024
Inmates in special housing units will be offered the
				  opportunity to participate in a cell study program. However, an inmate assigned
				  to a disciplinary housing unit will be offered the opportunity to participate
				  in a cell study program to the extent possible based upon the inmate's overall
				  behavioral adjustment. Education counselors, teachers or other appropriate
				  staff members may visit the special housing inmates as needed to provide
				  assistance to any inmate participating in a cell study
				  program.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.12 - General library services

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be available to inmates in the SHU, general
				  library materials in a quantity equal to at least two books and one
				  magazine/periodical for each inmate. This reading material will be rotated in
				  the special housing unit every 60 days.
(a) Items selected from the general library
				shall be considered part of the maximum allowed as set forth in section
				302.2(e)
				 or
				303.2(c) 
				of this Title, whichever is applicable.
(b) Each facility will develop a system for
				the maintenance of an appropriate inventory record.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.13 - Correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each inmate shall be permitted to send and to receive privileged and regular
				correspondence, in accordance with Parts 721, "Privileged Correspondence,"and
				720, "Inmate Correspondence Program," of this Title. The inmate's ability to
				send or receive correspondence may not be limited by a deprivation
				order.
(b) An inmate may at any
				reasonable time address a written communication to the superintendent or the
				commissioner. When an inmate makes a request for permission to write such a
				communication, the responsible employee to whom the request is made shall:
				supply the inmate with necessary writing materials and an envelope; allow the
				inmate to write his communication in privacy; and forward it promptly to the
				addressee.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.14 - Inmate grievance program

Current through Register Vol. 46, No. 28, July 10, 2024
Inmates assigned to the SHU will have access to the inmate
				  grievance mechanism as follows:
(a)
				Grievance forms will be made available upon request to an SHU
				officer.
(b) A staff representative
				of the inmate grievance resolution committee will visit the SHU a minimum of
				once per week, or more often if necessary or requested to do so by the
				supervisor in charge of the SHU, to interview the inmate and investigate the
				grievance.
(c) Appropriate
				procedures as required by Part 701, "Inmate Grievance Program," of this Title
				will be implemented.
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 305.1 - Frisks

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of directives concerning
				  "Control of and Search for Contraband," the following procedures will be
				  followed in such designated special housing units.
(a) Strip frisk.
(1) On initial entry to an SHU, an inmate
				will be strip-frisked.
(2) When an
				inmate is transferred from one facility disciplinary SHU to another facility
				disciplinary SHU, he may be strip-frisked on exiting the facility but may not
				be strip-searched or strip-frisked without probable cause upon entry to the
				receiving facility and/or its SHU.
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 305.3 - Use of restraints, generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition. For the purposes of this
				section, mechanically restrained means either:
(1) handcuffed in front with a waist chain;
				or
(2) handcuffed in back with or
				without a waist chain.
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 305.4 - Restraint orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any inmate
				assigned to an SHU who has history of assaultive behavior and/or who presents a
				threat to the safety or security of himself/herself, other persons, or State
				property may be placed under a restraint order by the deputy superintendent for
				security or, in his/her absence, the O.D. or higher ranking
				authority.
(b) A restraint order
				will be valid for no more than seven days and may be renewed by the deputy
				superintendent for security or, in his/her absence, the O.D. or higher ranking
				authority.
(c) A copy of the
				restraint order and any renewal thereafter must be forwarded to the
				superintendent and the inmate within 24 hours. The order and any renewal
				thereafter must briefly state the reason(s) for the order or renewal and
				contain the following notice to the inmate: "You may write to the deputy
				superintendent for security or his/her designee to make a statement as to the
				need for continuing the restraint order."
(d) A restraint order will describe the types
				of restraints to be used and the manner in which they are to be applied (e.g.,
				handcuffed in front or in back, with or without waist chain, with or without
				leg irons).
(e) If an inmate is
				under a restraint order directing that he/she be mechanically restrained
				whenever he/she leaves the SHU cell for any reason, the inmate will remain
				mechanically restrained during the entire period of time he/she is out of the
				SHU cell, except:
(1) upon request of a
				physician, nurse practitioner, or a physician's assistant (P.A.) when removal
				is necessary to permit medical treatment;
(2) upon request of the Parole Board at a
				parole hearing;
(3) upon the
				request of a judge or magistrate;
(4) when the inmate can be secured in a
				shower room during the scheduled shower period;
(5) when the inmate has been secured in the
				exercise area, unless the restraint order (or renewal) includes a written
				determination stating the reason(s) why the removal of restraints in the
				exercise area would, in the light of the particular circumstances relative to
				the affected inmate, present a treat to the safety or security of the inmate,
				other persons or State property. Such a determination, in any restraint order
				or renewal, shall only remain in effect for three days unless approved in
				writing by the superintendent or acting superintendent, based upon his or her
				review of the relevant facts. Note: This paragraph does not apply to Southport
				Correctional Facility;
(6) upon
				order of the deputy superintendent for security services or higher ranking
				authority; or
(7) when in a general
				population visiting room and not in a noncontact area.
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 305.5 - Closing cell hatch covers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				those SHU cells which have only one solid door, vision panels will be
				maintained with the hatch coverings in an opened position, unless a deprivation
				order is issued. A deprivation order to close such hatch coverings may be
				issued for good cause, including but not limited to the reasons listed below
				which warrant their being closed:
(1) The
				throwing of feces, urine, food, or other objects through the aforementioned
				openings.
(2) The inmate refuses to
				keep his/her hands within the cell and/or otherwise attempts to assault or
				harass staff.
(3) The inmate is so
				disruptive as to adversely affect the proper operation of the unit.
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 305.6 - Use of cell shields

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cell
				shield is a transparent cell front covering, equipped to provide adequate
				ventilation.
(b) Cell shields may
				be ordered for good cause, including but not limited to the reasons listed
				below:
(1) Spitting through the cell door, or
				the throwing of feces, urine, food, or other objects through the cell
				door.
(2) The inmate refuses to
				keep his/her hands within the cell and/or otherwise attempts to assault or
				harass staff.
(3) The inmate is so
				disruptive as to adversely affect the proper operation of the unit.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 306 - Other Special Housing Units › Section 306.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may designate portions of correctional facilities as other special
				housing units to be used for purposes such as, but not limited to, the
				following:
(1) inmates required to be
				confined in a special housing unit as a reception center, detention center or
				diagnostic and treatment center (as these terms are defined in the Correction
				Law);
(2) a special housing unit
				used for outside work gangs or inmates assigned to work release
				programs;
(3) a special housing
				unit used for inmates who are physically unable to participate in the programs
				of the facility;
(4) a special
				housing unit used for inmates assigned there temporarily by the central office
				division of classification and movement for the purpose of evaluation and
				reclassification; or
(5) other
				purposes in the discretion of the commissioner.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 310 - Special Housing Unit Case Management Committee › Section 310.1 - Establishment of the special housing unit case management committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				in each correctional facility designated as level 1 by the Office of Mental
				Health (OMH), a committee to be known as the special housing unit case
				management committee.
(b) Such
				committee shall be co-chaired by the first deputy superintendent or deputy
				superintendent for security or designee and the unit chief or clinical director
				of the OMH mental health satellite unit or designee.
(c) Each co-chairperson shall select at least
				two individuals to sit as additional committee members from among the following
				staff within the facility: facility health services director or designee;
				deputy superintendent for security (if not a chairperson); OMH clinical staff
				assigned to the SHU; SHU sergeant; ICP counselor; correction officers assigned
				to the SHU; SHU guidance counselor, and other OMH or department staff within
				the facility as may be deemed appropriate. If the OMH co-chairperson is not a
				clinician, at least one of the additional individuals selected to sit on the
				committee shall be an OMH clinician. A committee member or other staff will be
				designated to take summary notes of the committee meetings.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 310 - Special Housing Unit Case Management Committee › Section 310.2 - Role of the special housing unit case management committee

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of the special housing unit case management
				  committee are to review, monitor and coordinate the behavior and treatment plan
				  for those inmates assigned to SHU in a correctional facility designated as
				  level 1 by OMH who are on the OMH mental health caseload and other SHU inmates
				  based upon a recent request to the committee from OMH or department staff, and
				  to initially review the status of all inmates newly assigned to SHU in a
				  correctional facility designated as level 1 by OMH following a superintendent's
				  hearing in which the inmate's mental state or intellectual capacity was deemed
				  to be at issue in accordance with subdivision (b) of section
				  254.6  of
				  this Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 310 - Special Housing Unit Case Management Committee › Section 310.3 - Procedure of the special housing unit case management committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The committee
				shall meet at least once every two weeks. A minimum of four committee members
				to include staff representation from OMH and department shall be present at
				each meeting. At least one of the committee members present at each meeting
				shall be an OMH clinician.
(b) The
				agenda for each meeting shall include an initial review of the status of any
				inmate newly assigned to SHU at the facility following a superintendent's
				hearing in which the inmate's mental state or intellectual capacity was deemed
				to be at issue, a review of the status of any SHU inmate based upon a recent
				request to the committee from OMH or department staff, and a review of the
				status of SHU inmates on the OMH mental health caseload.
(c) During the review of an inmate's status:
(1) security staff will present the inmate's
				disciplinary and criminal history, including an assessment of the inmate's
				propensity for acts of violence and security risk;
(2) OMH clinical staff will present the
				inmate's mental health diagnoses, including behaviors and treatment needs
				associated with such a diagnoses, psychiatric medications, including the
				purpose of the medication, side effects and medication compliance, acts of
				self-harm and psychiatric history, including psychiatric hospitalizations,
				during and prior to the inmate's current assignment to the SHU; and
(3) guidance staff, if on the committee, will
				present the inmate's programming history and general custodial adjustment
				during and prior to the inmate's current assignment to the SHU. If no guidance
				staff are on the committee, other participating staff will present this
				information.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 315 - Residential Rehabilitation Units › Section 315.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Residential rehabilitation units are housing units used for
				  the treatment and rehabilitative programming of incarcerated individuals
				  serving disciplinary sanctions which extend beyond the maximum duration of
				  placement set forth in section
				  301.1  of this Title.
				  Incarcerated individuals placed in a residential rehabilitation unit shall be
				  afforded out-of-cell time in the most congregate setting available and shall be
				  provided the least restrictive environment necessary to maintain the safety and
				  security of the facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 316 - Step-down Units › Section 316.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
To provide incarcerated individuals with a productive
				  alternative to segregated confinement by preparing them for the transition back
				  to general confinement or the community.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 316 - Step-down Units › Section 316.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
A step-down unit means a housing unit used for the
				  progressive programming of an incarcerated individual with a violent or
				  behavioral history that has led to long-term periods of segregated confinement
				  in order to prepare him or her for return to general population or the
				  community. Incarcerated individuals placed in a step-down unit shall be
				  afforded out-of-cell time in the most congregate setting available and shall be
				  provided the least restrictive environment necessary to maintain the safety and
				  security of the facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 316 - Step-down Units › Section 316.3 - Admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Incarcerated individuals may be admitted to a step-down unit from either
				segregated confinement or a residential rehabilitation unit.
(b) Incarcerated individuals admitted to a
				step-down unit shall be offered the following:
(1) at least seven hours out-of-cell on a
				daily basis; and
(2) out-of-cell
				programs and activities that promote personal development and group engagement,
				addressing underlying causes of problematic behavior resulting in placement in
				segregated confinement or a residential rehabilitation unit, and helping
				prepare for discharge from the unit to general confinement or the community,
				and
(3) the opportunity to lessen
				restrictions and earn additional privileges under the progressive inmate
				movement system by meeting established benchmarks and individual
				goals.
(4) An incarcerated
				individual can be denied out-of-cell activities described in this section, if
				the commissioner or his designee determines that the incarcerated individual's
				participation in such activities presents an imminent risk of danger to the
				incarcerated individual or to others.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 319 - MENTAL ILLNESS › Section 319.1 - Effective Date

Current through Register Vol. 46, No. 28, July 10, 2024
This provision shall take effect on the two year and one
				  hundred eightieth day after it shall become a law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 319 - MENTAL ILLNESS › Section 319.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
To help ensure that incarcerated individuals with serious
				  mental illness who are placed in segregated confinement for disciplinary
				  purposes receive timely assessments and a heightened level of mental health
				  care and, absent exceptional circumstances, are placed in a residential mental
				  health treatment unit.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 320 - Residential Mental Health Units › Section 320.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part defines the models of residential mental health
				  units operated jointly by the department and the Office of Mental
				  Health.
The conditions and services provided in the residential
				  mental health units shall be at least comparable to those in all residential
				  rehabilitation units, and all residential mental health units shall be in
				  compliance with the provisions of paragraphs (i), (j), (k) and (l) of
				  subdivision (6) of section 137  of the
				  Correction Law. Residential mental health units that are either residential
				  mental health unit models or behavior health unit models shall also be in
				  compliance with all provision of paragraph (m) of subdivision (6) of section 137  of the
				  Correction Law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 320 - Residential Mental Health Units › Section 320.2 - Residential Mental Health Unit

Current through Register Vol. 46, No. 28, July 10, 2024
A residential mental health unit (RMHU) is a program that
				  includes a separate housing location within a correctional facility designed to
				  address the corrections-based therapeutic treatment of incarcerated individuals
				  currently diagnosed with a serious mental illness who, due to their behavior,
				  are serving a confinement sanction. These incarcerated individuals often
				  present with a complex interplay of antisocial behaviors and psychological
				  factors. The unit is designed to meet the therapeutic needs of these
				  incarcerated individuals, while maintaining appropriate safety and security on
				  the unit. Although an RMHU is not operated as a disciplinary housing unit, in
				  light of the security concerns associated with the behaviors that resulted in
				  their confinement and other sanctions, incarcerated individuals that pose a
				  significant and unreasonable risk to the safety and security of incarcerated
				  persons, staff, or the facility may be subject to limitations on the quantity
				  and type of property they are permitted to have, in order to maintain security
				  and order on the unit. All incarcerated individuals will be offered four hours
				  of structured out-of-cell therapeutic programming and/or mental health
				  treatment along with three hours out-of-cell congregate programming, services,
				  treatment, recreation, activities, and/or meals, with an additional one hour of
				  recreation, for a total of seven hours out-of-cell on a daily
				  basis.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 320 - Residential Mental Health Units › Section 320.3 - Behavioral Health Unit

Current through Register Vol. 46, No. 28, July 10, 2024
A behavioral health unit (BHU) is a program that includes a
				  separate housing location within a correctional facility designed to address
				  the corrections-based therapeutic treatment of incarcerated individuals
				  currently diagnosed with a serious mental illness who, due to their behavior,
				  are serving a confinement sanction. These incarcerated individuals have
				  displayed a marked inability to conform their behavior to societal and/or
				  institutional standards of conduct. They present with a complex interplay of
				  antisocial behaviors and psychological factors that have resulted in their not
				  having benefited from habilitation efforts in the community or rehabilitation
				  efforts during a series of institutional placements. The unit is designed to
				  meet the therapeutic needs of seriously mentally ill incarcerated individuals,
				  while maintaining adequate safety and security on the unit. Although a BHU is
				  not operated as a disciplinary housing unit, in light of the security concerns
				  associated with the behaviors that resulted in their confinement and other
				  sanctions, incarcerated individuals that pose a significant or unreasonable
				  risk to the safety of incarcerated persons, staff or the facility may be
				  subject to limitations on the quantity and type of property they are permitted
				  to have, in order to maintain security and order on the unit. All incarcerated
				  individuals housed in a BHU are offered four hours of structured out-of-cell
				  therapeutic programming and/or mental health treatment along with three hours
				  out-of-cell congregate programming, services, treatment, recreation,
				  activities, and/or meals, with an additional one hour of recreation for a total
				  of seven hours out-of-cell on a daily basis.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 320 - Residential Mental Health Units › Section 320.4 - Therapeutic Behavioral Unit

Current through Register Vol. 46, No. 28, July 10, 2024
The therapeutic behavioral unit (TBU) provides services to
				  female incarcerated individuals who are currently diagnosed with a serious
				  mental illness who, due to their behavior, are serving a confinement sanction.
				  The incarcerated individuals are offered seven hours of out-of-cell programming
				  which includes four hours of structured out-of-cell therapeutic programming
				  along with three hours out-of-cell congregate programming, services, treatment,
				  recreation, activities, and/or meals, with an additional one hour of recreation
				  for a total of seven hours out-of-cell on a daily basis.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 330 - Protective Custody Status Incarcerated Individuals › Section 330.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the minimum conditions of confinement for
				  incarcerated individuals in protective custody within the department. Incarcerated
				  individuals in this status shall be housed in an area which will best maximize the
				  safety and security of both the incarcerated individuals and the
				  facility.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 330 - Protective Custody Status Incarcerated Individuals › Section 330.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Voluntary protective custody
				incarcerated individual
. An incarcerated individual who is a potential
				victim or a witness likely to be intimidated, or who lacks the ability to live in
				the general facility community and who may for good cause be restricted from
				communication with the general incarcerated population, and who voluntarily accepts
				admission into protective custody status.
(b)
Involuntary protective custody
				incarcerated individual
. An incarcerated individual who may be a potential
				victim or a witness likely to be intimidated, or who lacks the ability to live in
				the general facility community and who may for good cause be restricted from
				communication with the general incarcerated population, and who does not voluntarily
				accept admission into protective custody status.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 330 - Protective Custody Status Incarcerated Individuals › Section 330.3 - Admission and transfer policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the department's policy of providing appropriate
				  programming, incarcerated individuals placed in protective custody status will be
				  evaluated and recommended for transfer to facilities where they may be appropriately
				  programmed in general population. This provision is not applicable, however, to
				  incarcerated individuals at reception centers or assigned to a protective custody
				  unit at Mid-State, Attica, Clinton, Elmira, Great Meadow, Green Haven, Hudson, Sing
				  Sing, or Woodbourne Correctional Facilities; or assigned to the assessment and
				  program preparation unit (APPU) at Clinton Correctional Facility.
(a)
Voluntary protective custody
				incarcerated individual
. An incarcerated individual in this status may
				request reassignment to general population. Such request shall be evaluated and
				within 14 days the incarcerated individual shall either be assigned to general
				population or be subject to a hearing, conducted in accordance with the provisions
				of Part 254 of this Title, to determine the need for assignment to involuntary
				protective custody status.
(b)
Involuntary protective custody incarcerated individual
.
(1) An incarcerated individual in this status
				shall have a hearing, conducted within 14 days in accordance with directive(s), to
				determine the need for protective custody admission.
(2) An incarcerated individual in this status
				shall have such status reviewed every 30 days by a three-member committee consisting
				of a representative of the facility executive staff, a security supervisor, and a
				member of the guidance and counseling staff. The results of such review shall be
				forwarded, in writing, to the superintendent for final determination.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 330 - Protective Custody Status Incarcerated Individuals › Section 330.4 - Conditions of confinement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Out-of-cell
				time
. No incarcerated individual may be held in segregated confinement
				for protective custody. Any unit used for protective custody must, at a
				minimum, conform to requirements governing residential rehabilitation units.
				Incarcerated individuals will be offered at least seven hours of daily
				out-of-cell congregate programming, services, treatment, recreation,
				activities, and/or meals, with an additional hour for recreation, a minimum of
				one hour out-of-cell time shall be scheduled for outdoor exercise. The
				additional six hours of out-of-cell time may be used for activities listed in
				directive(s).
(b)
Exercise/recreation
.
(1)
				Weather permitting, one hour of exercise per day will be out-of-doors,
				excluding the time necessary to process and escort the incarcerated individual
				to and from the outdoor exercise area.
(2) Gallery recreation will include
				opportunities for incarcerated individuals to participate in passive board
				games, watch television, play cards, read or write outside of their
				cells.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 330 - Protective Custody Status Incarcerated Individuals › Section 330.5 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This directive shall not apply to the
				operation of Green Haven's protective custody unit, which is governed by the
				provisions of the stipulation in the action entitled Honeycutt v.
				Coughlin.
(b) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 330 - Protective Custody Status Incarcerated Individuals › Section 330.6 - Local rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility housing incarcerated individuals in protective
				  custody status shall promulgate rules and regulations for care and custody and
				  submit them to the deputy commissioner for facility operations for review and
				  approval.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The laws stated above provide that the Commissioner of
				  Correctional Services, with the approval of the Director of the Budget shall
				  establish and may amend rules and regulations authorizing the payment of
				  reasonable and necessary moving expenses, supplemental relocation payments,
				  loss of favorable mortgage financing and closing costs to occupants of property
				  acquired pursuant to such laws. The following rules and regulations shall apply
				  to moving expenses, supplemental relocation payments, loss of favorable
				  mortgage financing and closing costs to eligible persons caused by their
				  displacement from real property acquired pursuant to such
				  laws.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
				  mean:
(a) Commissioner. The State
				Commissioner of Correctional Services.
(b) Department. The State Department of
				Correctional Services.
(c)
				Individual. A person who is not a member of a family as herein
				defined.
(d) Family. The term
				family means two or more individuals, one of whom is the head of a household,
				plus all other individuals regardless of blood or legal ties who live with and
				are considered a part of the family unit. Where two or more individuals occupy
				the same dwelling with no identifiable head of a household, they shall be
				treated as one family.
(e)
				Business. The term business means any lawful activity, expecting a farm
				operation, conducted primarily:
(1) for the
				purchase, sale, lease and rental of personal and real property, and for the
				manufacture, processing, or marketing of products, commodities, or any other
				personal property;
(2) for the sale
				of services to the public;
(3) by a
				nonprofit organization; or
(4)
				solely for the purpose of moving and related expenses, for assisting in the
				purchase, sale, resale, manufacture, processing, or marketing or products,
				commodities, personal property, or services by the erection and maintenance of
				an outdoor advertising display or displays, whether or not such display or
				displays are located on the premises on which any of the above activities are
				conducted.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.3 - General provisions applicable to residential and commercial moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses shall be made by
				  an eligible person in writing to the commissioner upon forms prescribed by him
				  and shall be accompanied by such information, evidence and executed vouchers as
				  he may require. Such application shall be submitted to the commissioner through
				  the Office of Real Property, Facilities Development Corporation and payment of
				  such moving expenses will be made to eligible persons under the circumstances
				  and to the extent set forth herein.
(a) Any individual, family, business, or farm
				operator is eligible to receive payment for the reasonable expenses of moving
				his personal property subsequent to the earlier of the following two dates:
(1) he is in occupancy at the initiation of
				negotiations for the acquisition of the real property in whole or in part;
				or
(2) he is in occupancy at the
				time he is given a written notice by the State that it is their intent to
				acquire the property by a given date or he is given notice to vacate the
				property by a specific date.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.4 - Residential moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
All eligible residential occupants will be entitled to
				  reimbursement of actual, reasonable and necessary moving expenses or may elect
				  a fixed amount in accordance with the counted room allowance.
(a)
(1) If
				the eligible person elects to receive a scheduled payment in lieu of actual,
				reasonable and necessary moving expenses, the following schedules will apply:
ROOM COUNT SCHEDULE
Unfurnished
								units
Each
								additional
room
1st room
2nd
3rd
4th
5th
6th
$75
$110
$150
$190
$225
$25 each
Mobile
								homes
sq. ft.
300
300/500
500/700
700/800
800 over
$100
$150
$200
$250
$300
Furnished units,
								sleeping rooms (including mobile homes)
1st room
2nd + remaining
$25
$15
(2)
				In addition to the amounts specified in paragraph (1) of this subdivision, each
				relocated individual or family will be entitled to an additional $200
				dislocation allowance. When garages, sheds, and outbuildings are acquired and
				the eligible person's place of residence is not disturbed, or when the eligible
				person's principal place of residence is not the appropriated site, a fixed
				allowance may be applied per the aforementioned room count schedules less the
				$200 dislocation allowance.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.6 - Procedure for actual cost basis moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
On an actual cost basis, all bids, estimates and final bills
				  being submitted on each phase of the move by moving concerns or skilled
				  craftsmen, herein referred to as contractors, shall contain as a minimum the
				  following information:
(a) Name and
				address of the contractor and date prepared.
(b) If estimates, bids or bills are to be
				made on an hourly rate or some other basis, then such method must contain
				sufficient data and explicit details to expedite meaningful analysis.
(c) An itemized list of the estimated or
				actual charges for packing, unpacking, crating, dismantling, disconnecting,
				reassembling and reconnection.
(d)
				If any material is required in the reinstallation of personal property it must
				be itemized together with the costs. No reimbursement will be made for
				materials used for the replacement or reinstallation of acquired property. The
				reasonable cost of new materials used in the reinstallation of personal
				property will be reimbursed only when it is in the best interest of the State
				to do so.
(e) In cases where use of
				trucks and other equipment are necessary, an itemized list of charges shall be
				based upon an hourly, daily, weekly or monthly rate, whichever total amount is
				lesser, based upon the number of estimated hours equipment will be used. The
				estimated equipment rate or hourly wage rate shall not exceed the prevailing
				industry rate for such equipment or labor. If the eligible person utilized
				equipment or labor at a rate less than the rates paid by commercial movers, the
				lesser rate will be used.
(f) If it
				is determined by the commissioner that the bids, estimates or bills submitted
				appear unreasonable, unnecessary or noncompensable, the eligible person may be
				required to submit additional information considered necessary to determine the
				reasonable and necessary cost of moving.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.7 - "in lieu of" moving expenses for business or farm occupants

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of actual, reasonable and necessary moving expenses,
				  searching fees and actual direct losses of tangible personal property, a
				  business or farm operation is eligible for a payment equal to the average
				  annual net earnings of the displaced business or farm, except such payment
				  shall not be less than $2,500 nor more than $10,000 providing the following
				  requirements are met:
(a) Business.
				The owner of the business eligible for relocation expenses must submit a
				written application as prescribed by the commissioner, with eligibility for
				payment contingent upon the State's determination that the business:
(1) cannot be relocated without a substantial
				loss of patronage, herein defined as the average dollar volume of business
				transacted during the two taxable years immediately preceding the year in which
				the business is relocated, and
(2)
				is not part of a commercial enterprise having at least one other establishment
				which is not being acquired by the State or the United States and which is
				engaged in the same or similar business, and
(3) the business contributes materially to
				the income of the displaced owner of a part-time occupation in the
				home.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.8 - Actual, reasonable and necessary searching fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of a business, farm
				operation, or nonprofit organization, the eligible person or his qualified
				representative may be reimbursed for the actual, reasonable and necessary
				expenses in searching for a replacement site not to exceed $500. The owner of a
				displaced advertising sign, eligible under section
				400.3 
				of this Part, may be reimbursed his actual, reasonable expenses in searching
				for a replacement sign site not to exceed $100. Reimbursement will be limited
				to the above amounts unless in exceptional cases the commissioner deems
				otherwise.
(b) The expenses in
				searching for a replacement site may include transportation expenses, meals and
				lodging away from home and the reasonable value of time actually spent in
				searching for but not including any commission for the sale of a
				property.
(c) The application for
				reimbursement shall take the form of a summary affidavit which is to include
				the name and address of the eligible person, a detailed summary of the work
				performed, dates and hours worked and wage rate applied not to exceed $10 per
				hour. Lodging, mileage, and subsistence charges will be allowed according to
				and consistent with the prevailing rates approved for State travel and expense
				purposes by the State Comptroller for those type of expenditures.
(d) All actual, reasonable and necessary
				expenses directly related to the search for replacement property must be
				documented by detailed, receipted bills.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.9 - Actual direct losses of tangible personal property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actual direct losses of tangible personal
				property are allowed in the case of a business, farm, or nonprofit organization
				when an eligible person who is displaced is entitled to relocate such personal
				property but elects not to do so. Payments for such losses may only be made
				after a bona fide effort has been made by the owner to sell the item(s)
				involved. When the item(s) is sold, payment will be made according to the
				following standards:
(1) If the business,
				farm, etc. is reestablished, but the personal property is replaced with a
				comparable item at the new location, payment shall be the lesser of:
(i) the replacement cost less the net
				proceeds of the sale; or
(ii) the
				estimated cost of moving the item.