reglab/statecodes huggingface dataset:
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 7013 - CLASSIFICATION › Section 7013.5 - Classification during an emergency overcrowding condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When, in the opinion of the chief
					 administrative officer, an emergency overcrowding condition exists in a county
					 correctional facility which is already classifying its inmates according to the
					 four classification categories specified in section
					 7013.4(d) 
					 of this Part and is caused in part by the prohibition against commingling
					 minors and adults, such officer may apply to the commission to commingle minors
					 and adults within facility housing areas for a period not to exceed 30 days as
					 provided in this section.
(b) The
					 chief administrative officer shall contact the commission by telephone, which
					 shall serve as the application, and provide the commission with the following
					 initial summary information:
(1) the nature
					 and extent of the emergency overcrowding condition;
(2) attempts made to secure substitute jail
					 housing space within or outside the county; and
(3) a description of any areas within the
					 facility which could provide safe and secure inmate housing on a temporary
					 basis.
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 7013 - CLASSIFICATION › Section 7013.6 - Authorized commingling

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Nothing contained in this Part shall prevent the chief administrative officer
					 from commingling inmates in different classification categories in the same
					 area for purposes including, but not limited to:
(1) special housing, admissions/orientation
					 housing, and medical/mental health observation, provided minors and adults are
					 separately grouped to prevent access between such classification
					 categories;
(2) meals served in
					 dining areas located outside facility housing areas;
(3) visitation;
(4) exercise held in areas located outside
					 facility housing areas;
(5)
					 educational/vocational programs;
(6) work programs;
(7) divine worship; or
(8) any other organized facility program or
					 activity.
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 7013 - CLASSIFICATION › Section 7013.7 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 inmate upon admission to a facility shall undergo an initial screening and risk
					 assessment which shall consist of a screening interview, visual assessment and
					 review of commitment documents. Such screening and risk assessment shall occur
					 immediately upon an inmate's admission.
(b) A screening instrument(s) shall be
					 utilized to elicit and record information on each inmate relating to the
					 following:
(1) visible
					 injury/injuries;
(2) medical
					 conditions requiring immediate treatment;
(3) mental or physical handicap(s);
(4) history of mental illness or
					 treatment;
(5) potential for
					 self-injury or suicide;
(6) history
					 of detention or incarceration, including but not limited to hostile
					 relationships with other inmates;
(7) medication currently being
					 taken;
(8) present appearance and
					 behavior;
(9) evidence of
					 intoxication by alcohol or drugs or a history of alcohol or substance
					 abuse;
(10) criminal charge(s) and
					 conviction(s); and
(11) any other
					 relevant information concerning the safety or welfare of the inmate.
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 7013 - CLASSIFICATION › Section 7013.8 - Assignment to facility housing areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 After initial screening and risk assessment is completed and prior to
					 determining each inmate's primary housing assignment, the inmate shall be
					 placed in a housing unit within a housing area(s) designated for classification
					 purposes. Such housing area(s) may be utilized on a temporary or permanent
					 basis, given the needs and physical plant limitations of each
					 facility.
(b) Placement in such
					 housing areas shall be temporary pending completion of the classification
					 process, including the determination of appropriate housing, which shall be
					 completed within five business days of each inmate's admission to the facility.
					 The chief administrative officer may extend the time to complete the
					 classification process for a particular inmate up to an additional 10 business
					 days if he concludes that additional time is necessary to make a determination
					 of appropriate housing.
(c) In
					 arriving at a determination of each inmate's housing assignment, the chief
					 administrative officer shall base his/her decision on the following
					 information, if such information is available and accessible to the chief
					 administrative officer:
(1) criminal
					 history;
(2) propensity for
					 victimization;
(3) history of
					 medical/mental illness;
(4) history
					 of sex offenses;
(5) history of
					 hostile relationship(s) with other inmates;
(6) prior attempts at self-injury or
					 suicide;
(7) prior escapes and
					 attempted escapes;
(8) attitude and
					 behavior during present and prior incarceration(s), including any history of
					 assaultive behavior during incarceration; and
(9) any other information which may affect
					 the safety and welfare of the inmate or facility staff.
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 7013 - CLASSIFICATION › Section 7013.9 - Classification review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief administrative officer shall review and revise as necessary, pursuant to
					 the requirements of section
					 7013.8(c)-(e) 
					 of this Part, an inmate's classification status when one or more of the
					 following conditions occur:
(1) the inmate is
					 involved in a serious unusual incident or exhibits adjustment problems which
					 threaten his/her safety or the safety, security or good order of the
					 facility;
(2) a written request,
					 including justification(s), is made by facility staff to alter or review the
					 inmate's classification status based on new information or exhibited positive
					 or negative behavior; and/or
(3)
					 the facility medical director discloses relevant information about the inmate
					 pursuant to section
					 7013.10 
					 of this Part which has not already been considered in determining the inmate's
					 classification status.
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 7013 - CLASSIFICATION › Section 7013.10 - Confidentiality and disclosure of inmate medical and psychiatric records information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 facility shall adhere to the requirements of sections
					 7033.6,
					 7064.7,
					 7064.8
					 and
					 7064.9 
					 of this Chapter and the Public Health Law, article 27-F and Department of
					 Health regulations pertaining thereto concerning the confidentiality of inmate
					 records and inmate medical and psychiatric records.
(b) The facility medical director of each
					 facility shall maintain all detailed summaries of inmate medical and
					 psychiatric records in a separate confidential file.
(c) Except as otherwise prohibited or
					 restricted by law, the facility medical director of each facility shall
					 promptly disclose to the chief administrative officer information which he/she
					 receives concerning an inmate which is or may be relevant in determining the
					 inmate's classification, transport or segregation status or may affect the
					 life, safety or welfare of the inmate or any other person. Relevant inmate
					 information subject to such disclosure shall include, but is not limited to,
					 pregnancy, time elapsed from delivery or pregnancy outcome, mental or physical
					 disability, or serious mental illness. The chief administrative officer shall
					 then promptly disclose information as appropriate to facility staff responsible
					 for making classification, transport or segregation decisions.
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 7013 - CLASSIFICATION › Section 7013.11 - Staff training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief administrative officer shall ensure that appropriate facility staff
					 receive orientation to current facility policies and procedures relating to
					 classification.
(b) All facility
					 staff assigned to perform duties related to the administration and
					 implementation of classification shall be trained in facility classification
					 policies and procedures that pertain to their area(s) of
					 responsibility.
(c) All facility
					 staff assigned to perform duties related to the administration and
					 implementation of classification procedures pursuant to sections
					 7013.7,
					 7013.8
					 and
					 7013.9  of
					 this Part shall be trained in classification theory and techniques by
					 completing a training program approved by the commission. Only facility staff
					 who have completed such training shall perform duties related to the
					 administration and implementation of classification procedures.
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 7013 - CLASSIFICATION › Section 7013.12 - Inmate screening and classification records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All initial screening, risk assessment
					 and any subsequent determinations of an inmate's classification status shall be
					 made in writing and kept in the inmate's file.
(b) With the exception of detailed summaries
					 of inmate medical and psychiatric records which shall be kept in a confidential
					 file pursuant to section
					 7013.10 
					 of this Part, the information to be retained in the inmate's file shall
					 include, but is not limited to:
(1) the
					 inmate's classification category pursuant to section
					 7013.4(a)-(c) 
					 of this Part;
(2) the inmate's
					 criminal history;
(3) the inmate's
					 security and supervision requirements;
(4) any special needs of the
					 inmate;
(5) the inmate's specific
					 housing unit assignments, indicating the housing unit category, i.e., general
					 housing, punitive segregation, medical/mental health observation, etc. and the
					 specific cell or room location, i.e., 3rd floor west - cell #9;
(6) facility staff responsible for making
					 each classification determination;
(7) dates when initial screening and each
					 subsequent classification determination were made, including verification that
					 the inmate was notified of such determinations and their implications;
					 and
(8) all screening instruments,
					 forms or other information used to make or record initial screening, risk
					 assessment and subsequent classification determinations.
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 7013 - CLASSIFICATION › Section 7013.13 - Quarterly classification report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or before the 15th day of February,
					 May, August and November of each year, the chief administrative officer shall
					 forward a quarterly report relative to the housing and classification of
					 inmates to the commission which reflects information pertaining to the
					 preceding three-month period.
(b)
					 Such report shall be prepared and submitted on forms required by the
					 commission.
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 7014 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7015 - Sanitation › Section 7015.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, each local
						correctional facility shall establish and implement policies and procedures
						designed to ensure that such facility is maintained in a sanitary
						condition.
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 7015 - Sanitation › Section 7015.2 - General facility sanitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief administrative officer shall
					 establish written procedures designed to ensure that all areas of the facility
					 are maintained in a sanitary condition. Facility sanitation tasks shall be
					 completed as necessary to maintain a clean and sanitary facility.
(b) Each local correctional facility shall
					 maintain a sufficient inventory of sanitation equipment. Such equipment shall
					 be maintained in good condition and stored in a safe and secure
					 manner.
(c) The chief
					 administrative officer may require prisoners to maintain their respective cells
					 or individual housing areas in clean and sanitary condition. In the discretion
					 of the chief administrative officer, sentenced prisoners may be required to
					 perform facility sanitation tasks.
(d) The food service area of each facility,
					 and all food preparation equipment and utensils, shall be maintained in a clean
					 and sanitary condition consistent with the State Sanitary Code. All persons
					 employed in the food service area shall conform to hygienic practices
					 consistent with the State Sanitary Code.
(e) Each local correctional facility shall
					 develop and implement procedures designed to eliminate insect and rodent
					 infestation. Consistent with such policies and procedures:
(1) the chief administrative officer may
					 prohibit or establish limitations regarding the accumulation of food items in
					 cells or individual housing areas; and
(2) any pesticide applied in the facility
					 shall be used consistent with the manufacturer's recommendations and any
					 applicable laws or regulations.
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 7015 - Sanitation › Section 7015.3 - Local health department inspections

Current through Register Vol. 46, No. 28, July 10, 2024
The chief administrative officer shall request that the
						local health authority with jurisdiction over the facility perform annual
						inspections of the facility. The results of such inspection shall be recorded
						in writing, together with a summary of the action taken to address any
						deficiencies, and maintained on file at the facility.
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 7015 - Sanitation › Section 7015.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7016 - Commissary And Inmate Accounts › Section 7016.1 - Commissary

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
					 discretion of the sheriff or chief administrative officer, a commissary may be
					 established, maintained and operated for the purpose of making available, for
					 sale to prisoners, items deemed proper by such officials and consistent with
					 the health and welfare of the prisoners and the security and general operation
					 of the facility concerned.
(b) The
					 prices of any items offered for sale shall be fixed by the sheriff, or official
					 in charge, to the extent that the commissary operation will be self-supporting
					 and will provide a modest return above costs.
(c) Profits resulting from commissary sales
					 shall be deposited in a separate bank account and shall be utilized only for
					 purposes of prisoner welfare and rehabilitation.
(d) Commissary accounts shall be maintained
					 in a manner which will fully substantiate all purchases, sales and
					 expenditures, and definite arrangements shall be made for periodic audit of the
					 commissary accounts by the office of county auditor, county treasurer or other
					 county officer in a similar capacity.
(e) Nothing in this section shall be
					 construed as exempting commissary operations in a county jail or a county
					 penitentiary from compliance with the provisions of any applicable county or
					 State statute, resolution, rule, regulation, etc.
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 7016 - Commissary And Inmate Accounts › Section 7016.2 - Inmate accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
					 required by subdivision (7) of section 500-c  of the Correction Law, an
					 institutional fund account shall be maintained on behalf of every inmate, and
					 deposits shall be made into such accounts of any prisoner funds
					 received.
(b) For the purpose of
					 receiving prisoner funds, the sheriff or chief administrative officer may
					 utilize, or cause to be utilized, electronic kiosks, automated teller machines,
					 or other similar devices or systems capable of allowing members of the public
					 to deposit funds into an inmate's institutional fund account. Members of the
					 public depositing prisoner funds in such a manner may be charged a service fee
					 not to exceed $5 per transaction.
(c) Devices and systems utilized pursuant to
					 subdivision (b) of this section shall comply with all applicable laws, codes,
					 rules and regulations, including the New York State Banking Law and the rules
					 and regulations of the New York State Banking Department.
(d) Nothing contained in this section shall
					 otherwise relieve a facility of the requirement to receive and deposit prisoner
					 funds, without imposition of a service fee, pursuant to sections
					 7002.4(f),
					 7004.6(b)(4)
					 and
					 7025.4(c) 
					 of this Title.
(e) Notice shall be
					 conspicuously posted by, on, or proximate to any device or system utilized
					 pursuant to subdivision (b) of this section, advising members of the public:
(1) the amount of any service fee associated
					 therewith;
(2) that acceptable
					 funds mailed to an inmate in correspondence or a package will be deposited into
					 the intended inmate's institutional fund account without the imposition of a
					 service fee;
(3) facility policy
					 regarding the acceptance of cash, checks, money orders, and other instruments
					 of payment; and
(4) any other
					 facility rule or regulation concerning inmate account deposits which, in the
					 opinion of the chief administrative officer, should be so conveyed to the
					 public.
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 7017 - Personnel Standards › Section 7017.1 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Full-time and
					 part-time correction officers shall satisfactorily complete a correctional
					 training program approved by the division of criminal justice services. Such
					 training shall be completed within one year following the date of appointment
					 as a correction officer.
(b)All
					 special housing unit and residential rehabilitation unit staff and their
					 supervisors shall undergo specialized training prior to assignment to such
					 unit, and regular specialized training thereafter, on substantive content
					 developed in consultation with relevant experts, on topics including, but not
					 limited to, the purpose and goals of the non-punitive therapeutic environment,
					 trauma-informed care, restorative justice, and dispute resolution
					 methods.
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 7017 - Personnel Standards › Section 7017.2 - Briefing of new employees

Current through Register Vol. 46, No. 28, July 10, 2024
A manual of facility policies and procedures shall be
						made available to each facility employee at the time of appointment. The chief
						administrative officer shall insure that each correction officer, prior to
						assignment to active duty, is instructed with respect to the responsibilities
						and requirements of their position.
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 7018 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7019 - Gifts And Gratuities › Section 7019.1 - Gifts and gratuities

Current through Register Vol. 46, No. 28, July 10, 2024
Any trading or bartering with prisoners by any person
						associated with the operation of a county jail or a county penitentiary is
						strictly prohibited. No sheriff, warden or superintendent or any officer in
						charge, or any staff person shall receive a gift of any nature whatsoever from
						any prisoner, nor shall any person in charge, or any employee, be permitted to
						give anything whatsoever to a prisoner, or to buy anything from or sell
						anything to a prisoner, or to extend to a prisoner any favor of diet, clothing
						or of any other nature not common to all. These same prohibitions apply to
						relatives or friends of prisoners or to any other person acting in behalf of a
						prisoner.
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 7020 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7021 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 7022 - REPORTABLE INCIDENTS › Section 7022.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
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 incidents to the commission pursuant
						to the requirements of this Part.
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 7022 - REPORTABLE INCIDENTS › Section 7022.2 - Reportable incident categories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following general categories of incidents shall be reported to the commission
					 pursuant to the requirements of this Part:
(1) assaults;
(2) sexual assaults;
(3) contagious illnesses;
(4) contraband;
(5) deaths;
(6) major maintenance/service
					 disruptions;
(7) major
					 disturbances;
(8) minor
					 disturbances;
(9) individual inmate
					 disturbances;
(10) natural/civil
					 emergencies;
(11)
					 escapes;
(12) attempted
					 escapes;
(13)
					 abscondences;
(14) fires;
(15) firearm discharges;
(16) inmate group actions;
(17) personnel group actions;
(18) hostage situations;
(19) attempted suicides;
(20) self-inflicted injuries;
(21) accidental injuries;
(22) deprivation/limitation of essential
					 services; and
(23) inmate cell
					 confinement.
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 7022 - REPORTABLE INCIDENTS › Section 7022.3 - Reporting incidents other than inmate deaths

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except in the case of inmate deaths,
					 whenever a reportable incident occurs, each facility shall report such incident
					 to the commission's Albany office, regardless of the time of day or day of the
					 week, pursuant to the following requirements:
(1) all major disturbances, escapes, inmate
					 group actions, personnel group actions, hostage situations, firearm discharges,
					 natural/civil emergencies, and major maintenance/services disruptions shall be
					 reported immediately upon occurrence or discovery, in a form and manner
					 prescribed by the commission, as set forth in the commission's Reportable
					 Incident Guidelines for County Correctional Facilities; and
(2) all other reportable incidents shall be
					 reported in a form and manner prescribed by the commission, as set forth in the
					 commission's Reportable Incident Guidelines for County Correctional Facilities,
					 within 24 hours of occurrence or discovery.
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 7022 - REPORTABLE INCIDENTS › Section 7022.4 - Reporting inmate deaths

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 facility shall report the death of any inmate committed thereto, whether or not
					 such death actually occurs at the facility, to:
(1) the coroner or medical examiner of the
					 county in which the facility is located, within one hour of pronouncement of
					 death;
(2) the commission, within
					 six hours of pronouncement of death, regardless of the time of day or day of
					 week, in a form and manner prescribed by the commission's medical review board
					 as described in the commission's Reportable Incident Guidelines for County
					 Correctional Facilities.
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 7022 - REPORTABLE INCIDENTS › Section 7022.5 - Availability of reportable incident guidelines information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 copy of the commission's Reportable Incident Guidelines for County Correctional
					 Facilities shall be made available to all facility staff designated by the
					 chief administrative officer to be responsible for reporting incidents to the
					 commission.
(b) A sufficient number
					 of such guidelines shall be maintained in locations within the facility which
					 are accessible to all facility staff.
(c) Copies of the reportable incident
					 guidelines manual are available, pursuant to the Freedom of Information Law,
					 upon request from the New York State Commission of Correction, Alfred E. Smith
					 State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001.
					 All such requests should specify the item sought as Reportable Incident
					 Guidelines for County Correctional Facilities. The guidelines manual consists
					 of a soft-bound, indexed booklet 192 pages in length. A copy of these
					 guidelines has been filed with the Department of State.
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 7022 - REPORTABLE INCIDENTS › Section 7022.6 - 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 facility staff pertaining to reportable incidents,
						including copies of all information forwarded to the commission pursuant to the
						requirements of this Part, shall be maintained on file.
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 7022 - REPORTABLE INCIDENTS › Section 7022.7 - Review and assessment of reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief administrative officer shall
					 develop and implement procedures for the review, investigation and assessment
					 of reportable incidents.
(b) The
					 chief administrative officer and/or other designated supervisory staff shall
					 regularly review all reports prepared by facility staff resulting from the
					 review and/or investigation of reportable incidents, including pertinent
					 facility log entries.
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 7023 - Access To Media › Section 7023.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
					 the requirements of this Part, prisoners are entitled to present their views to
					 the public through the media.
(b)
					 As used in this Part, the term media shall mean any printed or electronic means
					 of conveying information to any portion of the public, and shall include, but
					 is not limited to, newspapers, magazines, books or other publications, and
					 licensed radio and television stations.
(c) Media/prisoner interviews in the facility
					 shall be subject to the provisions of Part 7008 of this Title.
(d) The chief administrative officer may, in
					 his discretion, restrict or prohibit the use of cameras and recording devices
					 by the media.
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 7024 - RELIGION › Section 7024.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prisoners have
					 an unrestricted right to hold any religious belief, and to be a member of any
					 religious group or organization.
(b) Prisoners are entitled to exercise their
					 religious beliefs in any manner that does not constitute a threat to the
					 safety, security or good order of a local correctional facility, or the health
					 of any individual.
(c) No person
					 shall be permitted to proselytize or to seek to convert any prisoner without
					 the consent of such prisoner, nor shall any prisoner be compelled to or
					 dissuaded from exercising any religious belief.
(d) Equal status and protection shall be
					 afforded all prisoners in the exercise of their religious beliefs, except when
					 such exercise results in facility expenditures which are unreasonable or
					 disproportionate to those extended to other prisoners for similar
					 purposes.
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 7024 - RELIGION › Section 7024.2 - Congregate religious activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of
					 section
					 7024.1(b) 
					 of this Part, all prisoners shall be permitted to congregate for the purpose of
					 religious worship and other religious activities.
(b) Each facility shall provide all prisoners
					 access to an appropriate area for congregate religious worship and other
					 religious activities. This area shall be made available to prisoners in
					 accordance with the tenets of their religion, at times not unduly disruptive of
					 facility routine.
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 7024 - RELIGION › Section 7024.3 - Religious advisors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
					 used in this Part, the term religious advisor shall mean a person other than a
					 prisoner whose ecclesiastical credentials have been approved by the chief
					 administrative officer.
(b)
					 Religious advisors shall be permitted to conduct congregate religious
					 activities at least once per week at a time approved by the chief
					 administrative officer. When no religious advisor is available, the chief
					 administrative officer may permit a member of a prisoner religious group to
					 conduct legitimate religious activities.
(c) Consistent with the requirements of
					 section
					 7024.1(b) 
					 of this Part, prisoners shall be permitted confidential consultation with their
					 religious advisors at times not unduly disruptive of facility
					 routine.
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 7024 - RELIGION › Section 7024.4 - Celebration of religious holidays or festivals

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of section
						7024.1(b) 
						of this Part, prisoners shall be permitted to celebrate religious holidays or
						festivals on an individual or congregate basis.
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 7024 - RELIGION › Section 7024.5 - Supervision of prisoners exercising their religious beliefs

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall maintain supervision sufficient to
						ensure that the exercise of religious beliefs by prisoners does not constitute
						a threat to the safety, security or good order of a correctional facility, or
						the health of any individual.
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 7024 - RELIGION › Section 7024.6 - Religious dietary laws

Current through Register Vol. 46, No. 28, July 10, 2024
Prisoners are entitled to observe reasonable dietary laws
						established by their religion. Each facility shall provide prisoners with food
						items sufficient to meet such reasonable religious dietary
						laws.
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 7024 - RELIGION › Section 7024.7 - Change of religion

Current through Register Vol. 46, No. 28, July 10, 2024
A prisoner shall be permitted to change his religious
						affiliation upon application to the appropriate religious authority. The
						prisoner and the appropriate religious authority shall notify the chief
						administrative officer of such change.
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 7024 - RELIGION › Section 7024.8 - Religious articles

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of section
						7024.1(b) 
						of this Part, prisoners shall be entitled to wear and possess religious medals
						or other religious articles.
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 7024 - RELIGION › Section 7024.9 - Exercise of religious beliefs by prisoners in segregation

Current through Register Vol. 46, No. 28, July 10, 2024
Prisoners confined in administrative or punitive
						segregation shall not be prohibited from exercising their religious beliefs
						consistent with the requirements of section
						7024.1(b) 
						of this Part.
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 7024 - RELIGION › Section 7024.10 - Recognition of a religious group or organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prisoner requests to exercise the beliefs
					 of religious groups or organizations not generally well known shall be made to
					 the chief administrative officer.
(b) In determining requests made pursuant to
					 subdivision (a) of this section, the chief administrative officer shall
					 consider the following factors among others as indicating a religious
					 foundation for the belief:
(1) whether there
					 is substantial literature supporting the belief as related to religious
					 principle;
(2) whether there is
					 formal, organized worship by a recognizable and cohesive group sharing the
					 belief;
(3) whether there is an
					 informal association of persons who share common ethical, moral or intellectual
					 views supporting the belief; and
(4) whether the belief is deeply and
					 sincerely held by the prisoner.
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 7024 - RELIGION › Section 7024.11 - Limitations on the exercise of religious beliefs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 determination made by the chief administrative officer to limit the exercise of
					 the religious beliefs of any prisoner shall be made in writing and shall state
					 the specific facts and reasons underlying such determination. A copy of this
					 determination shall be given to any person affected by the
					 determination.
(b) Any
					 determination made pursuant to subdivision (a) of this section shall be
					 reviewed and maintained in accordance with sections 7075.5 and 7075.6  of this
					 Title.
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 7025 - PACKAGES › Section 7025.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, prisoners
						shall be permitted to receive packages from and send packages to any
						person.
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 7025 - PACKAGES › Section 7025.2 - Incoming prisoner packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief administrative officer shall maintain a list of items prisoners may
					 receive.
(b) As used in this Part,
					 the term contraband shall mean any item in an incoming prisoner package which
					 constitutes a threat to the safety, security or good order of a facility, or
					 the health of any individual, or any item not permitted pursuant to
					 subdivisions (a) and (d) of this section or any item which may constitute a
					 criminal offense or may be the fruits or instruments of a crime.
(c) Upon admission to the facility, prisoners
					 shall be provided with a copy of the list referenced in subdivision (a) of this
					 section.
(d) In his or her
					 discretion, the chief administrative officer may require that the contents of
					 any incoming prisoner package be purchased from, and mailed to the facility by,
					 a company whose ordinary business includes the sale and shipping of such
					 items.
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 7025 - PACKAGES › Section 7025.3 - Outgoing prisoner packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any items which a prisoner sends from a
					 facility shall be packaged in the presence of the prisoner and under the
					 supervision of facility staff.
(b)
					 The costs incurred in sending any outgoing prisoner packages shall be borne by
					 the prisoner.
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 7025 - PACKAGES › Section 7025.4 - Inspection of incoming prisoner packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All incoming prisoner packages may be
					 inspected solely to ensure that they contain no contraband. Any contraband
					 found in an incoming prisoner package shall be forwarded to the chief
					 administrative officer for the following disposition:
(1) If the contraband found may involve a
					 criminal offense, it shall be forwarded to the appropriate law enforcement
					 authority.
(2) If the contraband
					 does not involve a potential criminal offense, it shall be returned to the
					 sender or retained with the prisoner's secured property for return upon the
					 prisoner's departure.
(3)
					 Contraband that presents a threat to facility sanitation or health may, upon
					 order of the chief administrative officer, be destroyed.
(4) The chief administrative officer shall
					 give written notice of any determination made pursuant to this subdivision to
					 any person affected by the determination. This written notice shall include:
(i) the name and address of the
					 sender;
(ii) the nature of the
					 contraband; and
(iii) a statement
					 of the specific facts and reasons underlying the determination.
(5) All other items contained in
					 an incoming prisoner package from which contraband has been removed shall be
					 forwarded to the intended prisoner recipient.
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 7025 - PACKAGES › Section 7025.5 - Deprivation of packages

Current through Register Vol. 46, No. 28, July 10, 2024
Any decision to deny, restrict or limit an inmate of any
						right, service, item or article, guaranteed an inmate by the provisions of this
						Part, shall be done in accordance with section 7075.5  of this
						Title.