Title 9 Part 7006 NYCRR — browse free

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Compiled text through Mar 31, 2022 - Aug 10, 2022 across sectionsRegister checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7006.1 - Policy and definitions

Compiled text through Aug 10, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Register check
Compiled text through: Aug 10, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CMC-15-22-00007-A · Adopted rule · Aug 10, 2022
Source snapshot: Jun 6, 2026

(a)In order to promote the safety, security and welfare of all incarcerated individuals and staff within local correctional facilities, the chief administrative officer of each facility shall establish and maintain a system of discipline designed to set standards of appropriate behavior, encourage self-control and punish misbehavior fairly, impartially and consistently.

(b)As used in this Part, the following definitions shall apply to the terms listed below:

(1)Segregated confinement shall mean the confinement of an incarcerated individual to an individual occupancy housing unit, in any form, for more than 17 hours a day, other than in a facility-wide emergency or for the purpose of providing medical or mental health treatment.

(2)Special population shall mean any incarcerated individual:

(i)21 years of age or younger;

(ii)55 years of age or older;

(iii)with a disability, as defined in section 292 of the Executive Law; or

(iv)who is pregnant, in the first eight weeks of the post-partum recovery period after giving birth, or caring for a child in the facility.

(3)Residential rehabilitation unit shall mean a separate housing unit used for therapy, treatment, and rehabilitative programming of incarcerated individuals who have been determined to require more than 15 days of segregated confinement pursuant to facility proceedings.

(4)Chief administrative officer shall mean the highest-ranking facility official present during the time period in which a determination must be rendered.

(5)Violent felony act shall mean conduct of an incarcerated individual that constitutes:

(i)causing or attempting to cause serious physical injury or death to another person or making an imminent threat of such serious physical injury or death if the person has a history of causing such physical injury or death and the chief administrative officer reasonably determines that there is a strong likelihood that the person will carry out such threat;

(ii)compelling or attempting to compel another person, by force or threat of force, to engage in a sexual act;

(iii)extorting another, by force or threat of force, for property or money;

(iv)coercing another, by force or threat of force, to violate any rule;

(v)leading, organizing, inciting, or attempting to cause a riot, insurrection, or other similarly serious disturbance that results in the taking of a hostage, major property damage, or physical harm to another person;

(vi)procuring a deadly weapon or other dangerous contraband that poses a serious threat to the security of the facility; or

(vii)escaping, attempting to escape or facilitating an escape from a facility or escaping or attempting to escape while under supervision outside such facility.

(6)Maximum facility capacity shall have the same meaning as provided in section 7040.2 of this Title.

9 NYCRR 7006.2 - Facility policies and procedures

Compiled text through Mar 31, 2022

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The chief administrative officer of each local correctional facility shall develop and implement written policies and procedures consistent with this Part.

9 NYCRR 7006.3 - Rules of inmate conduct

Compiled text through Mar 31, 2022

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The chief administrative officer of each facility shall develop written rules of inmate conduct which contain a list of all rules and regulations governing inmate behavior.

(b)The rules of inmate conduct shall include:

(1)all chargeable offenses;

(2)the range of punishments that may be imposed for each violation, consistent with the seriousness of the conduct prohibited; and

(3)a detailed description and an explanation of the facility's disciplinary procedures.

(c)Each inmate shall be provided with a copy of the rules of inmate conduct upon admission to the facility, and a copy shall also be maintained in the facility law library.

(d)Non-English speaking and illiterate inmates shall be assisted to understand the rules of inmate conduct.

9 NYCRR 7006.4 - Misbehavior reports

Compiled text through Mar 31, 2022

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)When a staff member has a reasonable belief that an inmate has committed an offense that constitutes a violation of the facility's rules of inmate conduct, and such violation is not informally resolved, such staff member shall prepare a written misbehavior report.

(b)Each misbehavior report shall include:

(1)the name(s) of the inmate(s) charged with the misconduct;

(2)the date, time and place of occurrence;

(3)a description of the incident or behavior involved and the rule(s) allegedly violated;

(4)the date and time the report is written;

(5)the reporting staff member's printed name and signature.

(c)If two or more violations are involved, all may be incorporated in a single report, separately stated. Each violation shall be disposed of separately in accordance with facility policies and procedures.

(d)If more than one inmate is involved in any incident, the facts and circumstances surrounding each inmate's involvement shall be separately stated in the misbehavior report.

(e)The inmate charged with the violation shall be issued a copy of the misbehavior report as soon as practicable, but in no event later than 24 hours prior to a hearing based upon the incident giving rise to such report.

9 NYCRR 7006.5 - Investigative processes

Compiled text through Mar 31, 2022

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An investigation into the facts and circumstances of the incident shall be initiated if the chief administrative officer determines that the circumstances warrant such an investigation.

(b)In those cases where an investigation is deemed necessary, the investigation shall be conducted by persons who were not involved in the incident, and a completed report shall be provided to the hearing officer prior to any hearing based on the incident investigated.

9 NYCRR 7006.6 - Assistance to inmates

Compiled text through Mar 31, 2022

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)If an inmate is non-English speaking, illiterate, or for any other reason is unable to prepare a defense, assistance shall be provided to the inmate by a person designated by the chief administrative officer at least 24 hours prior to the hearing.

(b)Such assistance shall include:

(1)interviewing witnesses;

(2)obtaining evidence and/or written statements;

(3)providing assistance at the disciplinary hearing;

(4)providing assistance understanding administrative segregation decisions;

(5)providing assistance understanding the evidence relied on by the hearing officer and the reasons for action taken;

(6)providing assistance understanding the waiver of any rights provided by this Part; and

(7)providing assistance in filing an appeal as provided by this Part.

(c)The chief administrative officer may limit the number of witnesses interviewed and the evidence and/or written statements obtained where it is determined that such witnesses, evidence, and/or statements are irrelevant or redundant. Such determination shall be documented in the hearing record.

9 NYCRR 7006.7 - Administrative segregation pending a disciplinary hearing

Compiled text through Aug 10, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Aug 10, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CMC-15-22-00007-A · Adopted rule · Aug 10, 2022
Source snapshot: Jun 24, 2026

(a)An incarcerated individual who threatens the safety, security, and good order of the facility may be immediately confined in a cell or room pending a disciplinary hearing and may be retained in administrative segregation until the completion of the disciplinary process, subject to the limitations of Parts 7075, 7076 and 7077 of this Chapter, provided that: (1) any such administration segregation shall not constitute segregated confinement unless the chief administrative officer reasonably believes, and issues a written determination that, the individual fits the specified criteria for segregated confinement set forth in subparagraph (iii) of paragraph (5) of subdivision (a) of section 7006.9 of this Part; and (2) any incarcerated individual of a special population placed in segregated confinement pending a disciplinary hearing shall, as expeditiously as possible, but in no case longer than forty-eight (48) hours from the time of such placement, be given at least seven (7) hours a day outside his or her assigned individual occupancy unit or shall, in a facility with a maximum facility capacity exceeding five hundred (500), be transferred to a residential rehabilitation unit. (b) Within 24 hours of such confinement, the inmate shall be provided with a written statement setting forth the reason(s) for such confinement. Upon receipt of the written statement, the inmate shall be provided with an opportunity to respond to such statement orally or in writing to the chief administrative officer. (c) The chief administrative officer shall review the administrative confinement within 24 hours of such confinement in order to determine if continued confinement is warranted.

9 NYCRR 7006.8 - The disciplinary hearing

Compiled text through Aug 10, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Aug 10, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CMC-15-22-00007-A · Adopted rule · Aug 10, 2022
Source snapshot: Jun 24, 2026

(a)An incarcerated individual charged with a violation in accordance with section 7006.4 of this Part shall receive a hearing within 15 business days of receipt of the misbehavior report. In the event an incarcerated individual is placed in segregated confinement pending a disciplinary hearing pursuant to subdivision (a) of section 7006.7 of this Part, a hearing shall occur as soon as reasonably practicable and at most within five (5) days of such placement, unless the charged individual seeks postponement of the hearing. The incarcerated individual shall be given at least 24 hours prior written notice of the hearing. A hearing shall be completed within five business days of its convening unless otherwise authorized by the chief administrative officer. The time frames required by this subdivision may be waived by the incarcerated individual, however, such waiver shall not be effective unless made in writing. (b) The chief administrative officer shall appoint one or more impartial persons to serve as hearing officer or as members of a hearing panel during the disciplinary hearing. Prior to presiding over any hearings, a hearing officer shall undergo a minimum of thirty-seven hours of training, with one additional day of training annually thereafter, on relevant topics, including but not limited to, the physical and psychological effects of segregated confinement, procedural and due process rights of the accused, and restorative justice remedies. (c) The incarcerated individual shall be allowed to be present at the hearing unless the individual has waived the right to be present or the hearing officer determines that the individual's presence will jeopardize the safety, security, or good order of the facility. A waiver of the right to be present shall be made in writing and signed by the incarcerated individual. If the incarcerated individual refuses to sign such waiver, it shall be so noted in the record. A hearing officer's determination that an individual's presence will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record. For any hearing in which segregated confinement is an authorized sanction upon a finding of guilt, the incarcerated individual shall be permitted to be represented by any attorney or law student, or by any paralegal or incarcerated individual unless the chief administrative officer reasonably disapproves of such paralegal or incarcerated person based upon objective written facility criteria. (d) The incarcerated individual shall be allowed to be present at the hearing unless the individual has waived the right to be present or the hearing officer determines that the individual 's presence will jeopardize the safety, security, or good order of the facility. A waiver of the right to be present shall be made in writing and signed by the incarcerated individual . If the incarcerated individual refuses to sign such waiver, it shall be so noted in the record. A hearing officer's determination that an individual 's presence will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record. For any hearing in which segregated confinement is an authorized sanction upon a finding of guilt, the incarcerated individual shall be permitted to be represented by any attorney or law student, or by any paralegal or incarcerated individual unless the chief administrative officer reasonably disapproves of such paralegal or incarcerated person based upon objective written facility criteria. (e) If the hearing officer calls witnesses, the inmate may submit questions directed toward such witnesses to the hearing officer. The hearing officer shall pose such questions to the witness if relevant and not redundant, and when doing so would not jeopardize the safety, security, or good order of the facility. The hearing officer may restate such question if it is unclear or in improper form. A hearing officer's determination that a particular question is irrelevant, redundant, or will jeopardize the safety, security, or good order of the facility shall be documented in the hearing record. (f) The inmate may be excluded from the hearing during the interview of witnesses in accordance with subdivision (e) of this section. The contents of such interview shall be provided to the inmate, except for such information that, if provided, would jeopardize the safety, security, or good order of the facility. (g) No charges other than those contained in the misbehavior report shall be presented during the course of the hearing. Any additional charges brought against the inmate shall be treated as new charges and shall be subject to the requirements of this Part. (h) A disposition shall be reached within five business days after conclusion of the hearing. The disposition shall be supported by substantial evidence and shall be in writing and shall contain the following: (1) a finding of guilt or innocence on each charge of misbehavior; (2) the evidence relied upon by the hearing officer in reaching such finding; and (3) the sanction imposed, if any. A copy of the disposition shall be provided to the inmate. (i) Nothing contained in this Part shall preclude the use of plea bargaining.

9 NYCRR 7006.9 - Disciplinary sanctions

Compiled text through Aug 10, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Aug 10, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CMC-15-22-00007-A · Adopted rule · Aug 10, 2022
Source snapshot: Jun 24, 2026

(a)If the charges against the inmate are affirmed as a result of the hearing, one or more of the following sanctions may be imposed based upon the inmate's past record and the severity of the offense: (1) counsel or reprimand; (2) loss of one or more specified privileges for a period consistent with the facility rules of inmate conduct for the particular offense(s); (3) restitution for the loss or damage of property made from existing or future funds in the inmate's account; (4) restitution, not to exceed $100, for facility expenditures related to the medical treatment of facility staff, make from existing or future funds in the inmate's account; (5) confinement to a cell, room, or in special housing, as that term is defined in section 7013.2 (h) of this Title, for a period consistent with the facility rules of conduct for the particular offense(s), subject to the provisions of Parts 7075, 7076 and 7077 of this Title, provided that: (i) no incarcerated individual of a special population may be sanctioned to segregated confinement; (ii) except as authorized by subparagraph (iii) of this paragraph, an incarcerated individual shall only be sanctioned to segregated confinement for up to three (3) consecutive days, and no longer than six (6) days in any thirty (30) day period; (iii) an incarcerated individual may be sanctioned to segregated confinement beyond the limitations of subparagraph (ii) of this paragraph or, in a facility with a maximum facility capacity exceeding five hundred (500), in a residential rehabilitation unit only if the disposition contains a finding that the individual committed a violent felony act, and if the chief administrative officer determines in writing, based on specific objective criteria, the act was so heinous or destructive that placement of the individual in general population housing creates a significant risk of imminent serious physical injury to staff or other incarcerated persons, and creates an unreasonable risk to the security of the facility; and (iv) for purposes of subparagraph (iii) of this paragraph, the violent felony act of attempting to cause a serious disturbance or to escape shall only be determined to have occurred if there is a clear finding that the incarcerated individual had the intent to cause a serious disturbance or the intent to escape and had completed significant acts in the advancement of the attempt to create a serious disturbance or escape. Evidence of withdrawal or abandonment of a plan to cause a serious disturbance or to escape shall negate a finding of intent; (6) loss of a specified period of good behavior allowance, subject to restoration pursuant to applicable laws and regulations; and/or (7) loss of up to one hour of weekly visitation for a period consistent with the facility rules of inmate conduct for the particular offense. (b) The hearing officer may hold the commencement of a sanction in abeyance for a period up to 30 days in order to assess the behavioral adjustment of the inmate. At the conclusion of such period, the hearing officer shall determine whether the sanction shall commence in whole or in part or shall be suspended in whole or in part. (c) If an inmate is found guilty of a charge of misbehavior, a disciplinary surcharge not to exceed $25 may be imposed upon the inmate in addition to the sanctions authorized pursuant to subdivision (a) of this section. All moneys collected shall be deposited in the county general fund and not specifically allocated to the facility. (d) The chief administrative officer may, at any time, suspend a sanction of confinement imposed pursuant to paragraph (a)(5) of this section, in order to assess the behavioral adjustment of the inmate. At any time during such suspension, confinement may be reinstated at the discretion of the chief administrative officer.

9 NYCRR 7006.10 - Appeal procedures

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The inmate shall have the right to appeal the hearing officer's disposition and any sanction to the chief administrative officer. Such appeal shall be submitted in writing within two business days of the inmate's receipt of the disposition, specifying the grounds for the appeal.

(b)All appeals shall be reviewed and decided within five business days after receipt and each inmate shall be notified in writing of the results.

(c)The chief administrative officer may reduce or suspend all or part of the sanction, but not increase it.

9 NYCRR 7006.11 - Recordkeeping

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CMC-05-19-00004-A · Adopted rule · Jun 5, 2019
Source snapshot: Jun 6, 2026

(a)A disciplinary record shall be maintained by the facility which shall include the misbehavior report; the investigation report, if prepared; the formal disposition; sanctions imposed, if any; suspensions and reinstatements of such sanctions, if any; and the appeal documents.

(b)Records generated pursuant to a disciplinary hearing in which an inmate is found not guilty of charges brought against him, after either the hearing or an appeal, shall be kept confidential and shall not be considered in making decisions pertaining to the inmate's participation in programs, services, or local conditional release, or in the granting or withholding of good behavior credits.

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