reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7313 - CLASSIFICATION › Section 7313.3 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Classification, assessment, and reassessment policies and procedures shall
				  include, but not be limited to:
(1) staff
				  responsibilities for functions relative to classification, assessment and
				  reassessment;
(2) completion of the
				  initial screening, assessment and reassessment, including, but not limited to,
				  the determination of risk, security and supervision requirements and youth
				  special needs;
(3) use of a formal
				  screening and assessment instrument and other appropriate intake forms in the
				  classification, assessment and reassessment process;
(4) assessments and reassessments made
				  subsequent to initial screening for the assignment of youth to an appropriate
				  individual occupancy room;
(5)
				  notification to the youth of all individual occupancy room and program
				  assignments based upon the assessment and reassessment process; and
(6) procedures governing the disclosure of
				  information contained in the youth's medical and mental health records by the
				  facility medical director and/or mental health supervisory staff pursuant to
				  section 7313.7  of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7313 - CLASSIFICATION › Section 7313.4 - Initial screening and assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon admission to a facility, each youth shall be administered an initial
				  screening and assessment which shall consist of a facility interview, visual
				  assessment, and review of the commitment documents. Such initial screening and
				  assessment shall occur immediately upon a youth's admission.
(b) Assessment instrument(s) shall be
				  utilized by the facility to elicit and record information on each youth
				  relating to the following:
(1) visible injury
				  or injuries;
(2) medical
				  conditions, including allergies, requiring immediate treatment or
				  attention;
(3) developmental or
				  physical disabilities;
(4) history
				  of mental health treatment;
(5)
				  potential for self-injury or suicide;
(6) history of detention or confinement,
				  including, but not limited to, hostile relationships with other
				  youth;
(7) medication currently
				  being taken;
(8) present attitude,
				  appearance, and behavior;
(9)
				  history of alcohol or substance abuse;
(10) criminal charge(s) and
				  conviction(s);
(11) tattoos, body
				  piercing, and other identifiers of gang affiliation;
(12) sexual assault within the previous
				  twenty-four (24) hours; and
(13)
				  any other relevant information concerning the safety or welfare of the
				  youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7313 - CLASSIFICATION › Section 7313.5 - Assignment to a facility living unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the initial screening and
				  assessment are completed, and pending determination of a youth's living unit
				  assignment, the youth shall be placed in an individual occupancy room
				  designated for such purpose. Placement in such unit shall be temporary pending
				  the determination of an appropriate living unit, which shall be completed
				  within five (5) business days of the youth's admission to the
				  facility.
(b) In arriving at a
				  determination of a youth's living unit assignment, the director, or designee,
				  shall base such determination on the following information, if such information
				  is available and accessible:
(1)
				  delinquency/criminal history;
(2)
				  propensity for victimization or violence;
(3) medical/mental health history;
(4) history of sex offenses;
(5) history of hostile relationships or
				  incidents with other youth;
(6)
				  prior attempts at self-injury or suicide;
(7) prior escapes or attempted
				  escapes;
(8) attitude and behavior
				  during present and prior commitments, including any history of assaultive
				  behavior during such commitments;
(9) gender identity or expression;
(10) sexual orientation; and
(11) any other information which may affect
				  the safety and security of the youth or staff.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7313 - CLASSIFICATION › Section 7313.6 - Reassessment review

Current through Register Vol. 46, No. 28, July 10, 2024
The director, or designee, shall review and, when
					 necessary, revise a youth's risk, security and supervision and special needs
					 requirements when one or more of the following occur:
(a) the youth is involved in a serious
				  facility incident or exhibits adjustment problems which threaten the youth's
				  safety, or the safety, security or operational stability of the
				  facility;
(b) a written request,
				  including justification, is made by staff to alter or review the youth's risk,
				  security and supervision, and special needs requirements based on new
				  information or exhibited positive or negative behavior; or
(c) the facility medical director or mental
				  health supervisory staff discloses relevant information about the youth,
				  pursuant to section 7313.7  of this Part, which has not already been considered
				  in determining the youth's risk, security and supervision, and special needs
				  requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7313 - CLASSIFICATION › Section 7313.7 - Confidentiality and disclosure of youth medical and mental health records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility
				  shall adhere to the requirements of Part 7310 of this Title, Article 27-F of
				  the Public Health Law, Article 33 of the Mental Hygiene Law, all applicable
				  Department of Health regulations and Part 180-3 of this Title to ensure the
				  confidentiality of a youth's medical, mental health, and facility
				  records.
(b) The director shall
				  make provisions for maintaining all medical and mental health records in
				  confidential files, separate from other youth facility records.
(c) Except as otherwise prohibited or
				  restricted by law, the facility medical director and/or mental health
				  supervisory staff shall promptly disclose to the director, or designee,
				  information received concerning a youth which is or may be relevant in
				  determining the youth's risk, security and supervision and special needs
				  requirements, or may affect the life, safety, or welfare of the youth or any
				  other person. The director, or designee, shall then promptly disclose such
				  information to the appropriate staff responsible for making classification,
				  assessment, and/or reassessment decisions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7313 - CLASSIFICATION › Section 7313.8 - Youth classification, initial screening, assessment, and reassessment records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Determinations based upon all initial screenings, assessments by the facility,
				  and reassessments of a youth's risk, security and supervision, and special
				  needs requirements shall be made in writing and kept in the youth's
				  file.
(b) The information to be
				  retained in the youth's file shall include, but is not limited to:
(1) the date when the initial screening was
				  completed, including verification that the youth was notified of needs
				  determinations and their implications, if any;
(2) the youth's security and supervision
				  requirements;
(3) any special needs
				  of the youth;
(4) the name of staff
				  responsible for making recommendations based on assessment by the facility or
				  reassessment, and the signature of the director, or designee, making the final
				  determination;
(5) the date of each
				  facility assignment and living unit assignment based upon assessment by the
				  facility and the reassessment process; and
(6) all instruments, forms, and other
				  information used to make or record initial screening, assessments by the
				  facility, and reassessment determinations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7320 - MAXIMUM FACILITY CAPACITY › Section 7320.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  promote a safe, secure and healthy environment, there shall be a limit on the
				  total number of youth confined at any given time within each
				  facility.
(b) Consistent with the
				  requirements of this Part, the director shall develop written policies and
				  procedures that govern a facility's maximum facility capacity. These policies
				  and procedures shall be reviewed annually and updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7320 - MAXIMUM FACILITY CAPACITY › Section 7320.2 - 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)
Maximum facility capacity
shall mean the greatest number of
				  youth that may be confined at one time within each facility, as formulated by
				  the commission, in consultation with OCFS, pursuant to the requirements of this
				  Part.
(b)
Individual
				  occupancy room
shall mean a youth's bedroom with an individually
				  controlled locking device secured from youth access and equipped to accommodate
				  one youth.
(c)
Living
				  unit
shall mean an area in which youth congregate, shower and
				  participate in program and leisure activities.
(d)
Special management unit
shall mean any unit which can be designated for the individual housing of a
				  youth separate and apart from the general population for purposes including,
				  but not limited to:
(1) a medical treatment
				  unit;
(2) a classification and
				  orientation unit; or
(3) a mental
				  health unit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7320 - MAXIMUM FACILITY CAPACITY › Section 7320.3 - Facility population limitation

Current through Register Vol. 46, No. 28, July 10, 2024
The total number of youth confined within a facility shall
					 not exceed the maximum facility capacity of such facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7320 - MAXIMUM FACILITY CAPACITY › Section 7320.4 - Individual occupancy room

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each individual occupancy room shall contain at least 70 square feet of floor
				  space if such unit is constructed after the effective date of this Part and has
				  been rated for single occupancy by the Commission. Individual occupancy rooms
				  with less than 70 square feet shall be permitted if such units were originally
				  constructed for such purpose prior to the effective date of this
				  Part.
(b) Each individual occupancy
				  room shall contain one bed and mattress. Mattresses shall be constructed of a
				  fire-retardant material. When issued, mattress covers shall be constructed of
				  materials both water-resistant and easily sanitized.
(c) At least one functioning toilet, sink and
				  shower shall be available for every 8 youth contained within a living
				  unit.
(d) Each individual occupancy
				  room constructed after the effective date of this Part shall provide a minimum
				  of 25 square feet of unencumbered living unit space per youth adjacent and
				  accessible to such unit.
(e) Each
				  individual occupancy room shall house only one youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7320 - MAXIMUM FACILITY CAPACITY › Section 7320.5 - Formulating maximum facility capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
				  Part, the Commission shall formulate a maximum facility capacity in writing for
				  the facility.
(b) In formulating
				  the proposed maximum facility capacity of a facility, the Commission, in
				  consultation with OCFS, shall determine the maximum number of youth that can be
				  housed in all individual occupancy rooms pursuant to the requirements of this
				  Part. Such determination shall be based on the following:
(1) the number of properly equipped
				  individual occupancy rooms; and
(2)
				  the facility's ability to provide required programs and services and to comply
				  with other provisions of this Part which are related to facility
				  capacity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7320 - MAXIMUM FACILITY CAPACITY › Section 7320.6 - Application for a change in maximum facility capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall apply to the
				  Commission for a revision of the certified maximum facility capacity of a
				  facility upon a change in any of the factors delineated in section 7320.5(b)  of
				  this Part.
(b) Such application
				  shall be made in writing and include the specific facts, reasons and special
				  circumstances underlying the request.
(c) Within 60 days after receipt, the
				  Commission shall review such application and, following consultation with OCFS,
				  forward its determination in writing to the director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7322 - REPORTABLE INCIDENTS › Section 7322.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  provide a mechanism by which facility operations, policies and procedures can
				  be monitored, evaluated and improved, each facility shall internally review and
				  assess all incidents of a serious or potentially problematic nature, and report
				  such incidents to the Commission pursuant to the requirements of this
				  Part.
(b) Consistent with the
				  requirements of this Part, the director shall develop written policies and
				  procedures that govern the reporting of facility incidents to the Commission.
				  These policies and procedures shall be reviewed annually and updated as
				  needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7322 - REPORTABLE INCIDENTS › Section 7322.2 - Reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
The following incidents shall be reported to the Commission
					 pursuant to the requirements of this Part:
(a) assaults;
(b) sexual abuse;
(c) sexual assaults;
(d) employee misconduct;
(e) communicable reportable
				  disease;
(f) contraband;
(g) deaths;
(h) escapes;
(i) escape attempts;
(j) fires;
(k) personnel group actions;
(l) youth group actions;
(m) hostage situations;
(n) major disturbances;
(o) major maintenance/service
				  disruptions;
(p) natural/civil
				  emergencies;
(q) attempted
				  suicides;
(r) self-inflicted
				  injuries; and
(s) serious
				  accidental injuries.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7322 - REPORTABLE INCIDENTS › Section 7322.3 - Reporting incidents other than youth deaths

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As required in section 7322.2  of this
				  Part, whenever a reportable incident occurs at a facility, the director, or
				  designee, shall report such incident to the Commission pursuant to the
				  following requirements:
(1) all major
				  disturbances, escapes, youth group actions, personnel group actions, hostage
				  situations, natural/civil emergencies, major maintenance/service disruptions,
				  or any incident during which control at a facility is lost or partially lost
				  shall be reported immediately upon occurrence or discovery in a form and manner
				  as required by the Commission.
(2)
				  all assaults, sexual assaults, sexual abuse, employee misconduct, communicable
				  reportable disease, contraband, escape attempts, fires, attempted suicides,
				  self-inflicted injuries, serious accidental injuries, or occurrence(s) that
				  disrupt the normal operations of a facility, or that involve injury to youth or
				  staff resulting in hospital treatment shall be reported, in a form and manner
				  as required by the Commission, within 24 hours of occurrence or
				  discovery.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7322 - REPORTABLE INCIDENTS › Section 7322.4 - Reporting youth deaths

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  director, or designee, shall report the death of any youth listed on its
				  official facility count to the Commission within six hours of pronouncement of
				  death, in a form and manner prescribed by the Commission.
(b) Within three days after the pronouncement
				  of a youth's death, a copy of the deceased's entire medical record, including
				  the preliminary autopsy report, if available, shall be forwarded to the
				  Commission.
(c) Any copies of
				  medical records provided pursuant to subdivision (b) of this section shall be
				  certified as being a true copy of such record by the authority responsible for
				  maintaining the record.
(d) Within
				  10 days after the pronouncement of a youth's death, the facility medical
				  director shall forward a follow-up report in writing to the Commission which
				  shall include, but not be limited to:
(1) a
				  narrative medical history of the deceased covering the period 90 days prior to
				  death;
(2) the deceased's primary
				  medical and/or psychiatric diagnosis and the therapy provided, if any, as a
				  result of such diagnosis;
(3) a
				  narrative description of the terminal event occurring immediately prior to the
				  pronouncement of death; and
(4) a
				  final copy of the autopsy report, if available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7322 - REPORTABLE INCIDENTS › Section 7322.5 - Maintenance of reportable incident information

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of all completed reports and supplementary
					 information prepared by the director, or designee, pertaining to reportable
					 incidents, including copies of all information forwarded to the Commission
					 pursuant to the requirements of this Part, shall be maintained in a centralized
					 facility location.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7322 - REPORTABLE INCIDENTS › Section 7322.6 - Review and assessment of reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall develop and implement
				  procedures for the review, investigation, and assessment of reportable
				  incidents.
(b) The director shall
				  regularly review all reports prepared by facility staff in conjunction with the
				  review and/or investigation of reportable incidents, including pertinent
				  facility log entries.
(c) The
				  director, or designee, shall take appropriate actions, based upon such review
				  of prior incidents, to reduce the possibility of recurrence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7326 - PRINTED MATERIAL AND PUBLICATIONS › Section 7326.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every youth
				  placed in a facility is entitled to receive printed material and publications
				  suitable for minors. Youth shall be permitted to receive such material from any
				  approved vendor, including but not limited to bookstores or
				  publishers.
(b) Consistent with the
				  requirements of this Part, the director shall develop written policies and
				  procedures that govern access to printed material and publications at each
				  facility. The written policy and procedures shall be reviewed annually and
				  updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7326 - PRINTED MATERIAL AND PUBLICATIONS › Section 7326.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term censor shall mean the
					 exclusion of any printed material or publications, or any portion
					 thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7326 - PRINTED MATERIAL AND PUBLICATIONS › Section 7326.3 - Facility review of incoming printed material and publications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incoming printed material and
				  publications may be read and reviewed. Incoming printed material and
				  publications may be censored only when it is determined that an item of printed
				  material or a publication constitutes a threat to the safety or security of a
				  facility, or the youth's treatment or rehabilitation program.
(b) When the introduction of any printed
				  material or publication is thought to constitute a threat to the safety or
				  security of the facility, or the youth's treatment or rehabilitation, such
				  printed material or publication shall be forwarded to the director, or
				  designee, for appropriate disposition. The director, or designee, shall read
				  and review such printed material and shall make a determination as to whether
				  it shall be censored.
(c) Any
				  determination made pursuant to subdivision (b) of this section shall be made in
				  writing and shall state the specific facts and reasons underlying such
				  determination. A copy of such determination shall be given to the intended
				  youth recipient.
(d) The reading,
				  review and determination made pursuant to subdivision (b) of this section shall
				  be completed within 10 days after receipt of the printed material or
				  publication at the facility.
(e)
				  When any incoming printed material or publication may involve a criminal
				  offense, it shall be forwarded by the director, or designee, for appropriate
				  disposition.
(f) Except as provided
				  in subdivision (b) of this section, the deletion of any portion of any printed
				  material or publication that has been censored pursuant to subdivision (c) of
				  this section shall be permitted only when the intended youth recipient consents
				  in writing to such deletion, in which case the censored portion of the printed
				  material or publication shall be deleted and the remainder forwarded to the
				  intended youth recipient.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7326 - PRINTED MATERIAL AND PUBLICATIONS › Section 7326.4 - Limitation of incoming printed material and publications

Current through Register Vol. 46, No. 28, July 10, 2024
The director may adopt policies and procedures which limit
					 the amount of printed material and other paper materials retained within a
					 youth's individual occupancy room, in furtherance of the safety, security and
					 operational stability of the facility, especially safety from the risk of
					 fire.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7328 - EXERCISE, RECREATION AND LEISURE ACTIVITIES › Section 7328.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within a
				  facility, exercise, recreation and leisure activities are essential to youth
				  health and contribute to reducing youth tension. Pursuant to the requirements
				  of this Part, the director shall require that the facility provide exercise,
				  recreation and leisure activities for all youth.
(b) Consistent with the requirements of this
				  Part, the director shall develop written policies and procedures regarding
				  youth access to exercise, recreation and leisure activities. The written
				  policies and procedures shall be reviewed annually and updated as
				  needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7328 - EXERCISE, RECREATION AND LEISURE ACTIVITIES › Section 7328.2 - Exercise, recreation and leisure activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility shall provide each youth
				  with at least two hours of exercise, recreation and leisure activities per day,
				  to include one hour devoted to large muscle exercise.
(b) Each facility shall provide an
				  opportunity for youth to have a minimum forty-five (45) minutes of exercise,
				  recreation and leisure activities outdoors per day, except during inclement
				  weather when exercise, recreation and leisure activities may be held
				  indoors.
(c) The determination to
				  cancel outdoor exercise, recreation and leisure activities due to inclement
				  weather shall be based upon factors related to the safety, security and
				  operational stability of the facility, or the health of the youth including,
				  but not limited to, weather conditions that impair visibility, precipitation,
				  and accumulation of snow or ice. Such determination shall be made by the
				  director, or designee, which will be recorded in writing, and shall state the
				  specific facts and reasons underlying the determination.
(d) The director shall designate a qualified
				  staff member or members to plan and coordinate all exercise, recreation and
				  leisure activity programs.
(e) Each
				  facility shall maintain a schedule for exercise, recreation and leisure
				  activities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7328 - EXERCISE, RECREATION AND LEISURE ACTIVITIES › Section 7328.3 - Exercise, recreation and leisure areas and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility shall establish and
				  maintain one or more outdoor areas of sufficient size and design to enable
				  youth to engage in outdoor exercise, recreation and leisure
				  activities.
(b) Each facility shall
				  provide youth with appropriate outer garments when they participate in outdoor
				  exercise, recreation and leisure activity periods.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7328 - EXERCISE, RECREATION AND LEISURE ACTIVITIES › Section 7328.4 - Exercise, recreation and leisure areas inspections

Current through Register Vol. 46, No. 28, July 10, 2024
Visual inspections of exercise, recreation and leisure
					 activity areas and equipment shall be conducted before and subsequent to each
					 period of use. The performance and results of such visual inspections shall be
					 recorded in writing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7328 - EXERCISE, RECREATION AND LEISURE ACTIVITIES › Section 7328.5 - Limitation of exercise, recreation and leisure activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The exercise, recreation and leisure
				  activity period of a youth may be denied, revoked or limited when it is
				  determined that such exercise, recreation and leisure activities would cause a
				  threat to the safety, security, or operational stability of the facility, or
				  the safety, security or health of any youth.
(b) Any determination to deny, revoke or
				  limit a youth's exercise, recreation and leisure activities pursuant to this
				  section shall be made by the director, or designee. Such decision shall be made
				  in writing and state the specific facts and reasons underlying such
				  determination. The youth shall be informed of such determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7331 - ACCESS TO LEGAL SERVICES › Section 7331.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Youth placed in
				  a facility shall be allowed access to legal services for the purpose of legal
				  preparation with respect to any matter, action or proceeding.
(b) Consistent with the requirements of this
				  Part, the director shall develop written policies and procedures that govern
				  youth access to legal services. These policies and procedures shall be reviewed
				  annually and updated as needed.
(c)
				  As used in this subtitle, legal services shall include access to:
(1) legal counsel; and
(2) the Ombudsman.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7331 - ACCESS TO LEGAL SERVICES › Section 7331.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				  Part, the term legal counsel shall mean:
(1)
				  any attorney authorized to practice law in New York State or in any
				  jurisdiction where a youth has a legal action, proceeding or other legal matter
				  pending; and
(2) a law student, law
				  clerk, paralegal, or other agent acting under the supervision of and with the
				  written authorization of an attorney who meets the requirements of paragraph
				  (1) of this subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7331 - ACCESS TO LEGAL SERVICES › Section 7331.3 - Access to legal counsel

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, all youth shall have access to
				  legal counsel. Such access shall include telephone communications and visits
				  between youth and their legal counsel at times not unduly disruptive of
				  facility routine.
(b) Visits or
				  telephone communications between youth and their legal counsel shall not be
				  monitored except visually.
(c)
				  Access to legal counsel shall be made available at the request of legal
				  counsel, the youth, the youth's parent(s), legal guardian or spouse.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7331 - ACCESS TO LEGAL SERVICES › Section 7331.4 - Notary public

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall make available the services of a notary
					 public to the youth within 72 hours of the youth's request for notarization or
					 attestation of their signature.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7331 - ACCESS TO LEGAL SERVICES › Section 7331.5 - Limitation on legal services

Current through Register Vol. 46, No. 28, July 10, 2024
A youth's access to legal services, as defined in this
					 Part, shall not be denied, revoked or limited.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In order to provide an effective and impartial procedure
					 for the timely resolution of youth complaints, the director shall establish,
					 implement and maintain a formal grievance program. Every effort shall be made
					 to resolve youth complaints in an informal manner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.2 - 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)
				  Grievance shall mean a written youth complaint concerning either written or
				  unwritten facility policies, procedures, rules, practices, programs or the
				  action or inaction of any person within the facility. Dispositions and
				  sanctions resulting from a disciplinary hearing shall not be the subject of a
				  grievance.
(b) Grievant shall mean
				  a youth who has filed a grievance pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.3 - Facility grievance policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall ensure the development
				  and implementation of written policies and procedures consistent with this
				  Part.
(b) Such policies and
				  procedures shall include, but are not limited, to:
(1) a detailed description of grievance
				  program operations including steps, timelines, investigative processes and
				  available internal and external appeal procedures;
(2) staff responsibilities for functions
				  relative to the grievance program;
(3) procedures to ensure grievance program
				  accessibility to youth;
(4) steps
				  to be taken to encourage staff to informally resolve youth
				  complaints;
(5) a statement
				  regarding safeguards for youth against reprisals for having filed a
				  grievance;
(6) procedures for
				  orientation to the grievance program for all facility staff;
(7) procedures for corrective action to be
				  taken when a grievance is found to have merit; and
(8) an annual review of such policies and
				  procedures and revision, if necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.4 - Facility grievance program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every youth shall be provided access to
				  the facility's grievance program.
(b) Instructions for filing a grievance shall
				  be included in the facility rules and information as required by section
				  7305.9(a)(14)  of this Chapter.
(c)
				  Every youth shall be advised in writing as to the availability of grievance
				  forms upon admission.
(d) Facility
				  staff shall make forms readily available so that a youth may file a grievance.
				  A youth must file a grievance within ten (10) days of the date of the act or
				  occurrence giving rise to the grievance.
(e) The director shall designate one or more
				  staff members to act as a grievance coordinator.
(f) The director, or designee, shall ensure
				  that each grievance is investigated to the fullest extent necessary by an
				  impartial person who was not personally involved in the circumstances giving
				  rise to the grievance; provided, however, that a grievance that is too vague to
				  understand may be returned to the youth. Failure to supply sufficient
				  information within five (5) days shall be cause to deny the
				  grievance.
(g) At a minimum, each
				  investigation of a youth's grievance shall include gathering and assessing the
				  following information:
(1) a description of
				  the facts and issues underlying the circumstances of the grievance;
(2) summaries of all interviews held with the
				  grievant and with all parties involved in the grievance;
(3) copies of pertinent documents;
				  and
(4) any additional relevant
				  information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.5 - Appeal to the Citizens' Policy and Complaint Review Council

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five (5) business days of receipt
				  of the director's determination, any grievant may appeal any grievance denied
				  by the director, in whole or in part, to the Commission's Citizens' Policy and
				  Complaint Review Council by indicating his/her desire to appeal on the
				  grievance form in the space provided for such purpose.
(b) Within three (3) business days of receipt
				  of the grievant's notice of appeal, the grievance coordinator shall submit, in
				  a manner and form prescribed by the Commission, the appeal, the accompanying
				  investigation report and all other pertinent documents to the Commission's
				  Citizens' Policy and Complaint Review Council.
(c) The grievance coordinator shall provide
				  the grievant with a receipt indicating the date the appeal was submitted to the
				  Citizens' Policy and Complaint Review Council.
(d) The Citizens' Policy and Complaint Review
				  Council shall issue a written determination to the appeal within 45 business
				  days of receipt, copies of which shall be provided to the grievant, the
				  director and the grievance coordinator. If such determination is in favor of
				  the grievant as a matter of law, the chairperson of the Citizens' Policy and
				  Complaint Review Council shall direct the director to comply with the grievance
				  and provide an appropriate remedy.
(e) The director shall submit verification of
				  compliance with the Citizens' Policy and Complaint Review Council's
				  determination as directed. Such verification shall be filed with the
				  grievance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.6 - Grievance program forms

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall utilize both a grievance form and an
					 investigation report form as provided by the Commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.7 - Continuation and termination of grievances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a grievant is released or transferred
				  from a facility prior to the resolution of a grievance, the director shall
				  cause a determination to be made on such grievance pursuant to the requirements
				  of this Part.
(b) If the director
				  denies such grievance, he or she shall submit the grievance to the Citizens'
				  Policy and Complaint Review Council as set forth in section 7332.5  of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.8 - Grievance coordinator responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The grievance coordinator shall act as a
				  liaison between the grievant, the director and the Commission in all matters
				  that pertain to the youth grievance program.
(b) The chairperson of the Citizen's Policy
				  and Complaint Review Council may direct a facility's grievance coordinator to
				  provide a paper copy of the written determination to the grievant, if still
				  incarcerated in the facility, within one business day of receipt.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.9 - Assistance to youth

Current through Register Vol. 46, No. 28, July 10, 2024
If a grievant is non-English speaking, illiterate or if the
					 complexity of the issue(s) makes it unlikely that the youth will be able to
					 adequately present the substance of the grievance, upon the grievant's request
					 the grievance coordinator shall ensure that the grievant is assisted in the
					 preparation of the written grievance and at other stages of the grievance
					 process in which assistance is needed. A grievant may seek the assistance of
					 other youth with the approval of the director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.10 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The director shall develop a centralized record of all
					 grievances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7332 - GRIEVANCE PROGRAM › Section 7332.11 - Staff orientation

Current through Register Vol. 46, No. 28, July 10, 2024
All facility staff shall receive an orientation to the
					 grievance program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7334 - CORRESPONDENCE AND TELEPHONE › Section 7334.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the requirements of this Part, the director shall develop written policies and
				  procedures that govern correspondence and telephone usage at the facility. The
				  written policies and procedures shall be reviewed annually and updated as
				  needed.
(b) Subject to the
				  limitations of this Part, youth are entitled to correspond with any
				  person.
(c) There shall be no
				  restriction upon incoming or outgoing youth correspondence based upon:
(1) the amount of correspondence sent or
				  received; or
(2) the language in
				  which such correspondence is written.