reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 260 - General Provisions › Section 260.4 - Forfeitures and disallowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  incarcerated individual shall not automatically forfeit or automatically be
				  disallowed any good behavior allowance by reason of the fact that he or she has
				  been confined after being found guilty at a superintendent's hearing for
				  committing a Tier III offense. If such an individual receives a disciplinary
				  sanction which includes a recommended loss of good time and is placed in a
				  special housing unit, residential rehabilitation unit, or a step-down unit and
				  successfully completes his or her rehabilitative programming, there shall be a
				  presumption that any recommended loss of good time shall be restored subject to
				  committee review and in accordance with the other provisions and requirements
				  set forth in this Subchapter.
(b) A
				  disposition involving loss of a specified period of good behavior allowance
				  made in a superintendent's hearing under Part 254 of this Title shall be deemed
				  to be tentative until such time as it actually affects consideration for parole
				  or for conditional or other release and shall then either be confirmed or be
				  modified by the commissioner or his designee.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 261 - Time Allowance Committees › Section 261.1 - Establishment of time allowance committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be in each correctional
				  facility a committee to be known as the time allowance committee.
(b) Such committee shall consist of at least
				  three members designated by the superintendent. The superintendent shall
				  appoint one of the members as chairman. The members shall be selected from a
				  list of at least eight employees preselected by the superintendent and filed
				  with the deputy commissioner for correctional facilities. The list of names
				  filed by the superintendent shall be deemed approved by the deputy commissioner
				  for correctional facilities unless and until the deputy commissioner for
				  correctional facilities removes an individual from the list in
				  writing.
(c) Each such committee
				  shall have a chairman designated by the superintendent from among the members
				  and the chairman shall be responsible for the proper operation of the
				  committee.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 261 - Time Allowance Committees › Section 261.2 - Role of time allowance committees

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the time allowance committee shall be to
					 make recommendations as to the amount of good behavior allowance to be granted
					 to inmates who are eligible to be considered for such
					 allowance.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 261 - Time Allowance Committees › Section 261.3 - Procedure of time allowance committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For inmates entitled to be considered for
				  good behavior allowances, the file of each such inmate shall be considered in
				  the fourth month preceding the month of the earliest possible date he or she
				  would be entitled to consideration for release if that date depends on the
				  amount of good behavior allowance to be granted.
(b) The committee shall consider the entire
				  file of the inmate, and then shall decide upon a recommendation as to the
				  amount of good behavior allowance to be granted, applying the principles set
				  forth in sections
				  260.3 and
				  260.4 
				  of this Title. At such meetings, conducted in accordance with subdivision (a)
				  of this section, any inmate who has had a recommended loss of good behavior
				  allowance from a superintendent's hearing shall appear before the committee.
				  The committee shall consider whether, and set forth its recommendation as to
				  whether, the inmate's subsequent behavior merits restoration of all or part of
				  the lost allowance and its reasons therefor.
(c) The committee shall not recommend the
				  granting of the total allowance authorized by law or the withholding of any
				  part of the allowance in accordance with any automatic rule, but shall appraise
				  the entire institutional experience of the inmate and make its own
				  determination.
(d) The committee
				  shall promptly report the results of its deliberations in writing to the
				  superintendent. Such report shall set forth its recommendation for the time to
				  be allowed for the period under consideration and the reasons for the
				  recommendation.
(e) All
				  recommendations of the committee shall be pursuant to a decision of a majority
				  of the members, but any member who disagrees shall note his recommendations and
				  the reasons therefor on the report of the committee. Where a majority of the
				  members are unable to agree upon a recommendation, the chairman shall report
				  such fact and each member shall report his recommendation and his reasons in
				  the report made by the chairman.
(f) Where the time allowance committee has
				  recommended an allowance which will extend the period of incarceration beyond
				  the earliest or any previously established release date, the inmate may be
				  scheduled to reappear before another time allowance committee in accordance
				  with the direction of the commissioner, superintendent or committee
				  chairperson.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 262 - Granting Of Time Allowances › Section 262.1 - Procedure for granting good behavior allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After consideration of the file by the
				  committee, and after fulfilling any other requirements set forth in this
				  Subchapter, the committee shall make a recommendation to the superintendent as
				  to the amount of good behavior allowance to be accorded to the
				  inmate.
(b) The superintendent
				  shall promptly review the report of the committee and shall endorse any
				  comments he may deem appropriate thereon and immediately forward the report of
				  the committee and his comments, if any, to the commissioner or his
				  designee.
(c) The commissioner or
				  his designee will then transmit to the superintendent an order either
				  confirming or modifying the amount of time to be granted or, remand the matter
				  back to the committee for reevaluation and a hearing in accordance with section
				  261.4  of
				  this Title.
(d) The time allowance
				  specified in the final order of the commissioner or his designee shall be the
				  good behavior allowance to be granted to the inmate. The grant of the good
				  behavior allowance shall be contingent on the inmate's continued good behavior,
				  efficient and willing performance of duties assigned, and progress and
				  achievement in an assigned treatment program. The inmate shall be given a copy
				  of this determination promptly.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 262 - Granting Of Time Allowances › Section 262.2 to 262.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 263 - Stay Of Good Behavior Allowance › Section 263.1 - Stay of good behavior allowance

Current through Register Vol. 46, No. 28, July 10, 2024
Between the time a decision has been made with respect to
					 good behavior allowance and the time that an inmate would be eligible for
					 parole consideration or for conditional or other release, the award of any good
					 behavior allowance that has been granted shall be stayed and such allowance
					 shall be suspended as provided by section
					 263.2 
					 of this Part.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 263 - Stay Of Good Behavior Allowance › Section 263.2 - Procedure for stay of good behavior allowance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Superintendent's hearing
(1) The decision directing that a misbehavior
				  report be heard in a superintendent's hearing against an inmate shall stay the
				  award of any good behavior allowance that has been granted such inmate, and
				  such allowance shall be suspended and of no force and effect until a final
				  decision has been made in the superintendent's hearing.
(2) At the conclusion of the hearing, if the
				  disposition does not involve loss of good behavior allowance, the allowance
				  previously granted shall be reinstated.
(3) Where the disposition does involve loss
				  of good behavior allowance, and the inmate has an approved conditional release
				  date earlier than his or her maximum expiration date, the disposition shall
				  automatically be reviewed by the commissioner or his designee.
(4) If the hearing decision is affirmed, the
				  recommended loss of good behavior allowance shall be applied to the inmate's
				  conditional release date. Any modification or other decision rendered by the
				  commissioner or his designee shall be applied as specified in such decision.
				  The inmate shall be given a copy of this determination promptly.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter B - Procedures For Granting Good Behavior Allowances › Part 264 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter C - Standards Of Inmate Behavior In All Facilities › Part 270 - Standards Of Inmate Behavior-behavior Prohibited In All Facilities And The Classification Of Each Infraction › Section 270.1 - Expired

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter C - Standards Of Inmate Behavior In All Facilities › Part 270 - Standards Of Inmate Behavior-behavior Prohibited In All Facilities And The Classification Of Each Infraction › Section 270.3 - Tiers of disciplinary hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following tiers of disciplinary
				  hearings serve the purpose of determining allegations of rule violations
				  contained in misbehavior reports:
(1) Tier I
				  - violation hearing; provided for in Part 252 of this Title;
(2) Tier II - disciplinary hearing; provided
				  for in Part 253 of this Title; and
(3) Tier III - superintendent's hearing;
				  provided for in Part 254 of this Title.
The facility review officer shall review the misbehavior
					 report to consider the seriousness of the alleged violations and refer the
					 report to the lowest appropriate disciplinary body (Tier Level) for
					 action.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter C - Standards Of Inmate Behavior In All Facilities › Part 270 - Standards Of Inmate Behavior-behavior Prohibited In All Facilities And The Classification Of Each Infraction › Section 270.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter C - Standards Of Inmate Behavior In All Facilities › Part 270 - Standards Of Inmate Behavior-behavior Prohibited In All Facilities And The Classification Of Each Infraction › Section 270.5 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter C - Standards Of Inmate Behavior In All Facilities › Part 270 - Standards Of Inmate Behavior-behavior Prohibited In All Facilities And The Classification Of Each Infraction › Section 270.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter D - Merit Time › Part 280 - Procedures For Granting Merit Time › Section 280.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Inmates serving sentences for certain nonviolent crimes may
					 receive merit time allowances against their sentences provided they have
					 achieved certain significant programmatic objectives, have not committed any
					 serious disciplinary infractions and have not filed any frivolous lawsuits. In
					 the case of an indeterminate sentence, the merit eligibility date is the parole
					 eligibility date minus the merit time allowance as outlined in section
					 280.3  of
					 this Part. In the case of a determinate sentence, the merit eligibility date is
					 five-sevenths of the imposed term, as outlined in section
					 280.3  of
					 this Part. When granted, merit time allowances enable inmates to appear before
					 the Board of Parole for possible release on parole on their merit eligibility
					 dates. A merit time allowance is a privilege to be earned by the inmate and no
					 inmate has the right to demand or require that any such allowance be granted.
					 This Subchapter sets forth the policy and procedures for granting and
					 withholding merit time allowances.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter D - Merit Time › Part 280 - Procedures For Granting Merit Time › Section 280.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
An inmate must satisfy all criteria set forth in
					 subdivisions (a) through (d) of this section to be eligible for merit time
					 consideration.
(a) Crime, sentence and
				  commitment criteria.
(1) An inmate cannot be
				  presently serving a sentence for an A-1 felony other than an A-1 felony defined
				  in article 220 of the Penal Law or a violent felony offense (this will include
				  any sentence for a violent felony offense which has been imposed by another
				  state).
(2) An inmate cannot be
				  presently serving a sentence for any of the following or any attempt thereof:
(i) manslaughter in the second
				  degree;
(ii) vehicular manslaughter
				  in the first or second degree;
(iii) criminally negligent
				  homicide;
(iv) incest;
(v) any offense defined in article 130 of the
				  Penal Law (sex offenses);
(vi) any
				  offense defined in article 263 of the Penal Law (use of a child in a sex
				  performance); or
(vii) aggravated
				  harassment of an employee by an inmate.
(3) An inmate cannot be presently serving an
				  indeterminate sentence of imprisonment authorized for an A-1 felony other than
				  an A-1 felony defined in article 220 of the Penal Law.
(4) An inmate must be serving a sentence of
				  one year or more.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter D - Merit Time › Part 280 - Procedures For Granting Merit Time › Section 280.3 - Effect on the sentence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Indeterminate sentences.
(1) The merit time
				  allowance is one-third of the minimum term or period imposed by the court for
				  an inmate convicted of an A-1 felony under article 220 of the Penal law and
				  one-sixth of the minimum term or period imposed by the court for an inmate
				  convicted of any other eligible offense.
(2) An inmate serving a sentence for any
				  Class A-II through Class E drug offense may earn supplemental merit time in the
				  amount of an additional one- sixth of the minimum period of the sentence
				  imposed for the drug felony if he or she has either:
(i) completed two or more of the four
				  possible merit program objectives listed in section
				  280.2(d)(1)(ii) 
				  of this Part; or
(ii) completed one
				  of the four and also successfully maintained employment in a work release
				  program or other continuous temporary release program for a period of not less
				  than three months.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter D - Merit Time › Part 280 - Procedures For Granting Merit Time › Section 280.4 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Merit time
				  reviews.
(1) The records of an inmate
				  eligible for a merit time allowance under the criteria set forth in section
				  280.2  of this Part
				  shall be reviewed by facility guidance staff prior to his or her merit
				  eligibility date.
(2) The inmate's
				  program history and record will be reviewed by a senior counselor, deputy
				  superintendent for programs, and superintendent, or their respective designees
				  to identify any inmate whose behavior, subsequent to commitment to the
				  department, may be regarded as inconsistent with the intent of Correction Law,
				  section
				  803(1)(d) and public
				  safety. Factors which will be viewed negatively include:
(i) evidence of escape or attempted escape;
				  and
(ii) refusal to participate in
				  the Shock Incarceration Program.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter D - Merit Time › Part 280 - Procedures For Granting Merit Time › Section 280.5 - Effect of merit time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any inmate
				  who is granted a merit time allowance will appear before the Board of Parole
				  for possible release on parole at a date computed by subtracting the merit time
				  allowance from his or her parole eligibility date.
(b) If the Board of Parole grants the inmate
				  parole, he or she will be released to parole supervision.
(c) If parole is withheld by the board, the
				  inmate will again be considered by the board for possible release when he or
				  she reaches the original parole eligibility date.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter E - Limited Credit Time Allowances › Part 290 - Limited Credit Time Allowances › Section 290.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Certain inmates serving either a determinate or
					 indeterminate sentence for a crime that is not a merit eligible offense as
					 defined in Correction Law section 803, may be eligible to earn a six-month
					 Limited Credit Time Allowance (LCTA) against their sentences pursuant to
					 Correction Law section 803-b, provided that they have achieved certain
					 significant programmatic accomplishments, have not committed a serious
					 disciplinary infraction or maintained an overall poor institutional record, and
					 have not filed any frivolous lawsuits. In the case of an inmate serving a
					 sentence with a maximum term of life for an eligible A-I felony, the six-month
					 LCTA benefit is subtracted from the minimum period to establish the inmate's
					 LCTA date. In the case of all other LCTA eligible offences, the LCTA benefit is
					 subtracted from the conditional release date to establish the inmate's LCTA
					 date. An LCTA benefit is a privilege to be earned by the inmate and no inmate
					 has the right to demand or require that any such allowance be granted. This
					 directive sets forth the policy and procedures for granting or withholding an
					 LCTA benefit.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter E - Limited Credit Time Allowances › Part 290 - Limited Credit Time Allowances › Section 290.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
An inmate must satisfy all of the criteria set forth in
					 subdivisions (a) through (d) of this section to be eligible for an LCTA
					 benefit.
(a) Eligibility by crime. An
				  inmate is eligible for an LCTA benefit if:
(1) he or she IS NOT serving a sentence for
				  murder in the first degree;
(2) he
				  or she IS NOT serving a sentence for an offense defined in article 130 of the
				  Penal Law;
(3) he or she IS NOT
				  serving a sentence for an attempt or conspiracy to commit such offense;
				  and
(4) he or she IS serving an
				  indeterminate sentence fora non-drug A-I felony, such as murder in the second
				  degree;
(5) he or she IS serving a
				  determinate or indeterminate sentence for a violent felony offense as defined
				  in subdivision 1of Penal Law section 70.02; or
(6) he or she IS serving a determinate or
				  indeterminate sentence for an offense defined in article 125 of the Penal
				  Law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter E - Limited Credit Time Allowances › Part 290 - Limited Credit Time Allowances › Section 290.3 - Effect of lcta on the sentence

Current through Register Vol. 46, No. 28, July 10, 2024
In the case of an eligible A-I inmate or persistent
					 offender serving an indeterminate sentence with a maximum life term, such
					 inmate may be eligible for release on parole six months before his or her
					 parole eligibility date. In the event such an eligible inmate has appeared
					 before his/her Initial Parole Board, been given a reappearance date and
					 thereafter receives an LCTA certificate, then that information will be
					 forwarded to the Parole Board, which can then carefully weigh this achievement
					 at the inmate's next parole reappearance hearing. In the case of any other
					 eligible inmate who is serving either a determinate or indeterminate sentence,
					 such inmate may be eligible for an LCTA conditional release six months before
					 the regular conditional release date.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 300 - General Provisions › Section 300.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				establish standards for the operation of special housing units (SHU's) at the
				department's facilities. Unless otherwise provided, the provisions contained
				herein apply to designated special housing units only.
(b) Set forth herein are the minimum
				conditions of confinement for inmates admitted to SHU's pursuant to Part 301 of
				this Title. These inmates shall be housed in an area designed to maximize
				facility safety and security.
(c)
				[Reserved]
(d) Whenever the
				provisions of any Part of this regulation are inconsistent with the provisions
				of a Federal or State court order, such court order will be
				controlling.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 300 - General Provisions › Section 300.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The superintendent may, by
				written order, designate certain areas or cells as special housing units. A copy of
				any such designation shall be transmitted to the commissioner immediately for
				approval by the commissioner or his designee.
(b) A special housing unit (SHU), in maximum
				security facilities as well as in designated medium security facilities, shall
				consist of single- or double-occupancy cells grouped so as to provide separation
				from the general population, and may be used to house incarcerated individuals
				confined to such units pursuant to Part 301 of this Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 301 - Special Housing Unit Admissions › Section 301.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Incarcerated individuals may be admitted to special housing units
				  for any of the several situations described in this Part. Incarcerated individuals
				  in special populations as defined in 7 NYCRR §
									1.5   shall not be placed in
				  segregated confinement for any length of time.
No incarcerated individual may be placed in segregated confinement
				  (SHU) for longer than necessary and for no more than 15 consecutive days or 20 total
				  days in any 60-day period, except where a specific act constitutes a violent felony
				  act, if occurring more than once in a 60-day period, the incarcerated individual may
				  serve an additional 15 consecutive days but must spend at least 15-days in a
				  Residential Rehabilitation Unit (RRU) in between each placement in SHU. Incarcerated
				  individuals will be transferred or moved to an RRU if they have additional
				  confinement time after completing 15-days in SHU.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 301 - Special Housing Unit Admissions › Section 301.2 - Disciplinary admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				incarcerated individual shall only be placed in segregated confinement for
				behavior that violates institutional rules and regulations involving conduct
				that poses an unreasonable risk to the health, safety or security of staff,
				incarcerated individuals, the facility, or the community by:
(i) causing or attempting to cause injury or
				death to another person or making a credible threat of such injury or
				death;
(ii) engaging in a sexual
				act, or compelling or attempting to compel another person by force or threat of
				force to engage in a sexual act;
(iii) coercing another, by force or threat of
				force, to violate any rule;
(iv)
				leading, organizing, inciting, or attempting to cause a riot, insurrection,
				strike, or other serious disturbance that may result in physical harm to
				another person, significant property damage or significant interference with
				facility operations;
(v) procuring,
				possessing, brandishing, or using a weapon that poses a threat to the health,
				safety, or security of staff, incarcerated individuals, or security of the
				facility;
(vi) procuring,
				possessing, using or distributing dangerous contraband that poses a threat to
				the health, safety, or security of staff, incarcerated individuals, or security
				of the facility;
(vii) escaping,
				attempting to escape or facilitating an escape from a facility, or absconding
				or attempting to abscond outside of the facility; or
(viii) engaging in conduct constituting a
				felony under the penal law.
Such disposition shall be for a designated period of time as
				  specified by the hearing officer (7 NYCRR 254.7) and in accordance with the
				  disciplinary sanction guidelines as referenced in 7 NYCRR §
											270.2.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 301 - Special Housing Unit Admissions › Section 301.3 - Detention admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Detention admissions may be
				used in the following cases:
(1) in the case of an
				incarcerated individual who is awaiting initial appearance before or determination
				of a superintendent's hearing, if a security supervisor, with written approval of
				the superintendent or designee, reasonably believes the person fits the criteria for
				segregated confinement in subparagraph (ii) of paragraph (k) of section 137   of the
				Correction Law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 301 - Special Housing Unit Admissions › Section 301.4 - Administrative segregation admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section
				applies to the involuntary removal of an incarcerated individual from general
				confinement and placement in a special housing unit or residential
				rehabilitation unit based upon a determination that the individual's continued
				presence in general population would pose an unreasonable and demonstrable risk
				to the safety and security of staff, incarcerated individuals, or the facility,
				or would present an unreasonable risk of escape. Such determination shall be
				made by the facility superintendent, the deputy commissioner for correctional
				facilities or their designee.
(b)
				Within seven days after the initial determination and placement within
				administrative segregation housing, a hearing shall be conducted pursuant to
				Part 254 of this Title to consider the specific reasons for administrative
				segregation, leading to a final determination either to retain or release the
				incarcerated individual from administrative segregation. An initial written
				determination of the findings shall be reviewed by the deputy commissioner for
				correctional facilities or their designee who shall issue a final written
				determination to the incarcerated individual within seven days of receipt of
				the initial determination.
(c) An
				incarcerated individual in administrative segregation status shall have such
				status reviewed every seven days for the first two months and at least every 30
				days thereafter to determine whether such individual's release to general
				population would pose an unreasonable and demonstrable risk to the safety and
				security of staff, incarcerated individuals, or the facility, or present an
				unreasonable risk of escape. The review shall be performed in accordance with
				the following procedure:
(1) A three-member
				committee consisting of a representative of the facility executive staff, a
				security supervisor, and a member of the guidance and counseling staff shall
				examine the incarcerated individual's institutional record and prepare and
				submit to the deputy commissioner for correctional facilities or their designee
				a report setting forth the following:
(i)
				reasons why the individual was initially determined to be appropriate for
				administrative segregation;
(ii)
				information on the individual's subsequent behavior and attitude; and
(iii) any other factors that they believe may
				favor retaining the individual in or releasing the individual from
				administrative segregation.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 302 - Admission Procedure › Section 302.1 - Guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an inmate is admitted to an SHU, a security
				  supervisor will be present and the inmate will:
(a) Undergo a strip-frisk followed by a
				hand-held metal detector and/or B.O.S.S. chair search in accord with the
				provisions outlined in department directives concerning "Control of and Search
				for Contraband."
Note: An inmate being transferred from another facility shall
				  not be strip-frisked upon admission without probable cause. The metal detector
				  search shall be conducted by the receiving facility.
(b) Be examined by a qualified member of the
				facility health services staff as soon as possible, but not later than 24 hours
				after admission. Those inmates who were involved in a fight, a use of force, or
				a use of chemical agent incident will be examined immediately.
(c) Receive a copy of all rules (in Spanish
				when applicable) pertaining to the unit and be permitted to discuss these rules
				with a member of the SHU staff.
(d)
				Be assigned to a cell within the SHU.
(1) Each
				cell shall be heated adequately for comfort as well as being lighted adequately
				to permit reading. Each cell shall be equipped with the following:
(i) one toilet and sink;
(ii) one mattress per occupant;
(iii) one bed per occupant; and
(iv) one pillow per occupant.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 302 - Admission Procedure › Section 302.2 - Issue items (initial)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Clothing.
(1) All new admissions to the SHU shall be
				provided with a clean State- issue set of clothing from an established SHU
				inventory. The following items shall be provided immediately after the required
				search:
(i) 1 pair of pants;
(ii) 1 shirt;
(iii) 1 set of underwear (including bra for female
				inmates); and
(iv) 1 pair of slippers
				(where available; if not available, 1 pair of sneakers).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 303 - Post-admission Adjustment › Section 303.1 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				completing a period of 30 consecutive days of satisfactory adjustment, i.e., a
				period free of disciplinary sanctions (including time spent serving a keeplock
				or special housing disposition prior to transfer to a SHU), each inmate will be
				permitted additional items/privileges as set forth below. Determination of
				satisfactory adjustment shall be based on a review of log entries and the
				disciplinary record for the period by the superintendent or his designee. An
				inmate assigned to Southport Correctional Facility or a double-celled SHU must
				also have completed an orientation period prior to receiving these additional
				items/privileges.
(b) Actions
				resulting in disciplinary sanctions during the "post adjustment" period may
				result in a loss of privileges and the imposition of a new 30-day adjustment
				period.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 303 - Post-admission Adjustment › Section 303.2 - Additional in-cell items

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request of each inmate, additional in-cell items
				  (provided they are not restricted by the issuance of a deprivation order in
				  accord with section
				  305.2  of this
				  Title) will be permitted as follows:
(a) playing cards (one deck);
(b) earphones (facility issue only, if cells
				are equipped with a jack);
Note: In facilities not equipped with jacks, inmates may be
				  allowed to have their personal radios/tape-players for use with an earplug, no
				  tapes permitted. Batteries may be purchased from the commissary.
(c) books, magazines or newspapers
				(not to exceed a total of 10 per inmate in the cell, excluding legal
				publications);
(d) photos
				(personal, additional 10, not to exceed a total of 20 per inmate in the cell,
				no frames/albums);
(e)
				stamps;
(f) skin cream, 1 oz.
				size.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 303 - Post-admission Adjustment › Section 303.3 - Commissary purchase

Current through Register Vol. 46, No. 28, July 10, 2024
Each inmate will be permitted to make one commissary purchase
				  per month of those items listed below in a monetary amount not to exceed 50
				  percent of the monthly total permitted general population inmates:
(a) stamps (up to maximum buy and possession
				limits set forth in Part 720 of this Title);
(b) writing pad without spiral
				binding;
(c) legal paper;
(d) carbon paper;
(e) legal folders without metal
				clips/fasteners;
(f) shampoo (one
				container, not to be kept in cell);
(g) shaving cream (one only, not to be kept
				in cell);
(h) toothbrush, mini (one
				only);
(i) toothpaste (one
				only);
(j) deodorant, stick type
				only;
(k) personal soap (if larger
				than 1 oz. bar to be given at shower time);
(l) skin cream (1 oz. size containers - up to
				10 containers may be purchased per buy; 1 container in cell, others to be
				issued on use and exchange basis); and
(m) denture cleanser (effervescent tablet
				form only; a cup may be issued for use);
(n) shower slippers;
(o) knit cap (1 green);
(p) playing cards (one deck);
(q) batteries (for inmates allowed to possess
				personal radios/tape players);
(r)
				nicotine patches (for smoking cessation); and
(s) denture adhesive (one 2.4 oz. tube only;
				to be issued on a use-and-exchange basis).
Shampoo and shaving cream/soap will be issued at shower
					 time.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provision of an
				essential service to an incarcerated individual shall not be denied, restricted or
				limited as a means of discipline or punishment. The provision of an essential
				service shall include, but not be limited to correspondence, hygiene items,
				clothing, bedding, outdoor exercise, food services, health services, religious items
				and services, printed materials and publications, and legal reference
				materials.
(b) The following
				incarcerated individual support services are mandated and must be furnished at any
				time following admission unless deprived by issuance of a deprivation order in
				accord with section
				305.2  of this
				Title.
(c) Incarcerated individuals in
				segregated confinement shall be offered out-of-cell programming at least four hours
				per day, including at least one hour for recreation. However, if an incarcerated
				individual commits a specific act while housed in a SHU and poses a significant
				risk, their participation in certain programs may be restricted but they must still
				be provided with at least 4 hours out-of-cell time daily, of which 2 hours are
				therapeutic programming and 2 hours of recreation.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.2 - Food

Current through Register Vol. 46, No. 28, July 10, 2024
Incarcerated individuals confined in a special housing unit,
				  residential rehabilitation unit or step-down unit will be provided meals of the same
				  type as the meals available to incarcerated individuals in general population and in
				  sufficient quantity to be nutritionally adequate, except as provided in this
				  section.
(a) All food items will be
				delivered to the incarcerated individuals upon receipt from the food service area,
				and in a manner that will ensure receipt of the food in an appropriate
				condition.
(b) Repealed
(c) Repealed
(d) Repealed
(e) Repealed
(f) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.3 - Exercise

Current through Register Vol. 46, No. 28, July 10, 2024
Incarcerated individuals confined in the SHU must be permitted one
				  hour of outdoor exercise daily, exclusive of the time it takes to go to and return
				  from the exercise area, beginning on the day following admission.
(a) Incarcerated individuals normally will be
				offered the opportunity for outdoor exercise despite weather conditions. If during
				the exercise period the weather significantly deteriorates, the incarcerated
				individual may request and shall be permitted to return to his/her cell. If this
				occurs, the outdoor exercise opportunity for that day will be considered to have
				been satisfied.
(b) Except at
				double-celled SHU's, coats and galoshes or rubbers will be maintained on the unit
				and will be provided during exercise periods in the event of cold or inclement
				weather.
(c) On those rare occasions
				when the weather so reduces visibility that it significantly impacts the ability of
				security staff to visually observe the exercise area (i.e., fog, blizzard, etc.),
				exercise may be curtailed for the duration of the extreme weather conditions by
				issuance of a deprivation order in accord with section 305.2   of this
				Title.
(d) Repealed
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.4 - Medical services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A qualified medical practitioner (physician, physician's assistant, registered
				nurse) will be required to examine each incarcerated individual upon admission to an
				SHU in accord with section 302.1(b)   of this Title.
(b) A qualified medical practitioner (as listed
				above) is required to visit the SHU once in every 24-hour period to examine into the
				state of health of the incarcerated individuals confined in such unit.
(c) Sick call will be conducted daily.
(1) The officer in charge will prepare a list of
				all incarcerated individuals who request to see a medical practitioner.
(2) Any incarcerated individual who requests to
				see a medical practitioner will be permitted an opportunity to do so in accord with
				all good security precautions.
(3) The
				medical encounter will be recorded in each incarcerated individual's medical file
				and in the appropriate SHU file.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.5 - Personal hygiene

Current through Register Vol. 46, No. 28, July 10, 2024
Each inmate shall have access to the following:
(a) Showers. Minimum of two per week for a
				minimum of five minutes per shower, exclusive of the time it takes to go to and
				return from the shower area. Use of shampoo is permitted.
(b) Shaves. Minimum of two per week. Shaving
				equipment will be on an issue basis and must be returned after use. Use of
				shaving cream/soap is permitted.
(c) Hot water will be provided two times per
				day where hot water is not available in the cell.
(d) Haircuts. One per month if requested by
				inmate.
(e) Cell-cleaning materials
				will be made available three times per week to permit inmates to adequately
				clean their cells and cell ventilation grates.
(f) Inmates may be deprived of personal
				hygiene services by a deprivation order issued in accord with section
				305.2  of this
				Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.6 - Laundry

Current through Register Vol. 46, No. 28, July 10, 2024
Clothing items, bedding (excluding blankets), flatwork and
				  the washcloth will be exchanged one for one on a weekly basis. The towel will
				  be exchanged one for one a minimum of two times per week except in those
				  facilities which elect to exchange two towels once per week. Any item issued to
				  an inmate will be freshly laundered.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VI - Special Housing Units › Part 304 - Services › Section 304.7 - Law library services

Current through Register Vol. 46, No. 28, July 10, 2024
The facility law library will provide a list of legal books,
				  journals and papers in the facility law library. This list will be made available to
				  the inmates in the SHU upon request.
(a) An
				inmate may obtain legal material from the law library, subject to the following
				restrictions, by submitting a written request:
(1)
				A maximum of two items may be ordered at one time.
(2) The law library will deliver the requested
				items, if available, to the SHU within 24 hours of receiving the request.
(3) Inmates may retain said legal material for a
				period of not less than 16 hours nor more than 24 hours at a time.