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 7006.1 - Policy and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 order to promote the safety, security and welfare of all incarcerated
					 individuals and staff within local correctional facilities, the chief
					 administrative officer of each facility shall establish and maintain a system
					 of discipline designed to set standards of appropriate behavior, encourage
					 self-control and punish misbehavior fairly, impartially and
					 consistently.
(b) As used in this
					 Part, the following definitions shall apply to the terms listed below:
(1)
Segregated confinement
shall mean the confinement of an incarcerated individual to an individual
					 occupancy housing unit, in any form, for more than seventeen (17) hours a day,
					 other than in a facility-wide emergency or for the purpose of providing medical
					 or mental health treatment.
(2)
Special population
shall mean any incarcerated individual:
(i) 21 years of age or younger;
(ii) 55 years of age or older;
(iii) with a disability, as defined in
					 section 292  of the Executive Law; or
(iv) who is pregnant, in the first eight (8)
					 weeks of the post-partum recovery period after giving birth, or caring for a
					 child in the facility.
(3)
Residential rehabilitation
					 unit
shall mean a separate housing unit used for therapy, treatment,
					 and rehabilitative programming of incarcerated individuals who have been
					 determined to require more than fifteen (15) days of segregated confinement
					 pursuant to facility proceedings.
(4)
Chief administrative
					 officer
shall mean the highest-ranking facility official present
					 during the time period in which a determination must be rendered.
(5)
Violent felony act
shall
					 mean conduct of an incarcerated individual that constitutes:
(i) causing or attempting to cause serious
					 physical injury or death to another person or making an imminent threat of such
					 serious physical injury or death if the person has a history of causing such
					 physical injury or death and the chief administrative officer reasonably
					 determines that there is a strong likelihood that the person will carry out
					 such threat;
(ii) compelling or
					 attempting to compel another person, by force or threat of force, to engage in
					 a sexual act;
(iii) extorting
					 another, by force or threat of force, for property or money;
(iv) coercing another, by force or threat of
					 force, to violate any rule;
(v)
					 leading, organizing, inciting, or attempting to cause a riot, insurrection, or
					 other similarly serious disturbance that results in the taking of a hostage,
					 major property damage, or physical harm to another person;
(vi) procuring a deadly weapon or other
					 dangerous contraband that poses a serious threat to the security of the
					 facility; or
(vii) escaping,
					 attempting to escape or facilitating an escape from a facility or escaping or
					 attempting to escape while under supervision outside such
					 facility.
(6)
Maximum facility capacity
shall have the same meaning as
					 provided in section
					 7040.2  of this
					 Title.