Title 9 Part 7013 NYCRR — browse free

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Compiled text through Mar 31, 2022 - Feb 15, 2023 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 7013.1 - Policy

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

In order to provide for the effective management of inmate populations and facility housing units in a safe and secure correctional environment, the chief administrative officer of each correctional facility shall establish, implement and maintain a formal and objective system for the consistent classification of all inmates. Compliance with this Part shall ensure that each facility develops and implements a classification system that provides a mechanism for inmate screening, assessment and classification review to identify the special needs and security and supervision requirements of inmates in order to determine appropriate housing assignments.

9 NYCRR 7013.2 - Definitions

Compiled text through Mar 31, 2022

Later Register activity found — review the notice before relying on the compiled text.

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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: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SIR-50-22-00003-A · Adopted rule · May 17, 2023
Source snapshot: Jun 6, 2026

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

(a)Classification shall mean the process of assigning inmates to appropriate housing by determining security and supervision requirements and inmate special needs based on screening and risk assessment and pursuant to New York State Correction Law.

(b)Formal and objective system shall mean a procedure for determining an inmate's appropriate housing assignment which utilizes a point scale, decision tree or other method capable of quantifiable analysis or computation.

(c)Initial screening shall mean a risk assessment and preliminary determination of an inmate's special needs and security and supervision requirements upon his admission to the facility.

(d)Primary housing assignment shall mean the housing assignment of an inmate which is made after the initial screening and classification process.

(e)Inmate records shall have the same meaning as set forth in section 7033.2 of this Title.

(f)Inmate medical and psychiatric records shall have the same meaning as set forth in section 7033.2 of this Title.

(g)Classification review shall mean any classification status assessment made subsequent to an inmate's primary housing assignment.

(h)Special housing shall mean any incarcerated individual housing area, or subdivision thereof, used principally for punitive or other administrative segregation.

(i)Staffing substantial noncompliance shall mean a condition whereby the actual daily staffing pattern, averaged weekly for at least a four-week period, is below the number of staff necessary to perform the required functions and tasks on a 24-hour basis, exclusive of the full coverage factor, as determined by the commission pursuant to section 7041.2 of this Title.

(j)Security substantial noncompliance shall mean a violation of any of the following requirements:

(1)section 7003.3(a)-(e) and (h)-(i) of this Title, supervision of prisoners in facility housing areas;

(2)section 7003.6(a) of this Title, requirements of facility staff members prior to assuming responsibilities in an assigned facility area; and

(3)section 7041.2(a)(1) of this Title, supervisory staff levels.

(k)Capacity substantial noncompliance shall mean a condition whereby the average daily in-house inmate count, averaged quarterly, exceeds the maximum facility capacity as established by the commission or judicial order.

(l)Emergency overcrowding shall mean an unforeseen condition which causes a facility to exceed its maximum facility capacity as established by the commission after the facility has:

(1)implemented measures of inmate classification pursuant to section 7013.4(c) of this Part; and

(2)made a reasonable attempt to find and utilize substitute jail housing pursuant to Part 7210 of this Title and section 504 of the Correction Law.

9 NYCRR 7013.3 - Facility policies and 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 chief administrative officer of each correctional facility shall develop and implement written policies and procedures which provide for the assessment and classification of inmates and comply with the requirements of this Part. Such policies and procedures shall include, but are not limited to:

(1)staff responsibilities for functions relative to classification;

(2)completion of initial screening and risk assessment, including but not limited to the determination of security and supervision requirements and inmate special needs;

(3)use of formal risk assessment instruments and other appropriate admissions forms in the classification process;

(4)classification assessments made subsequent to initial screening for the assignment of inmates to appropriate facility housing areas;

(5)inmate notification of all classification determinations made subsequent to initial screening and risk assessment;

(6)procedures governing the disclosure of information contained in the detailed summaries of inmate medical and psychiatric records by the facility medical director pursuant to section 7013.10 of this Part; and

(7)review and revision of such policies and procedures.

(b)Such policies and procedures shall be made available to all facility staff members.

(c)The chief administrative officer shall review the policies and procedures on an annual basis and make revisions as necessary.

(d)The chief administrative officer shall verify in writing that such policies and procedures have been reviewed and updated. Such verification shall consist of:

(1)a list of any revisions made to the policies and procedures;

(2)the date(s) of all reviews completed; and

(3)the signature of the chief administrative officer.

9 NYCRR 7013.4 - Classification categories

Source text available - table layout pending

LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
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

9 NYCRR 7013.5 - Classification during an emergency overcrowding condition

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)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.

(c)A chief administrative officer's application to commingle adults and minors shall be denied if the commission determines one or more of the following conditions exists:

(1)an emergency overcrowding condition does not exist as defined in section 7013.2(l) of this Part;

(2)the facility is in substantial noncompliance with commission staffing requirements; or

(3)such commingling would present a danger to the health, safety or welfare of inmates within the facility.

(d)The chief administrative officer shall be permitted to commingle minors and adults within facility housing areas for an initial period not to exceed seven days. Such period shall begin when the initial telephone application is received by the officer of the day as designated by the commission unless such officer immediately denies the application.

(e)Provided the commission permits the chief administrative officer to commingle beyond the initial seven-day period, such commingling shall not exceed 30 days.

(f)The commingling of minors and adults shall cease immediately upon notification to the chief administrative officer of the commission's denial to commingle. Such denial shall be based on deficiencies and/or dangers cited by the commission.

(g)The chief administrative officer may correct such deficiencies and/or dangers delineated by the commission and reapply to the commission for permission to commingle minors and adults within facility housing areas. However, no commingling shall occur until the chief administrative officer receives certification from the commission that the facility has corrected the deficiencies cited by the commission.

(h)When such certification has been received by the chief administrative officer, the commingling may continue for 30 days, less any time during which minors and adults were commingled following the initial application to the commission.

(i)The chief administrative officer may apply to the commission a maximum of three times a year for permission to commingle adults and minors within facility housing areas. Such commingling shall be permitted for a maximum of 30 days per period in a given calendar year, pursuant to the requirements of this section.

(j)The chief administrative officer shall cease the commingling when either the overcrowding which necessitated the commingling no longer exists or the 30-day period has expired, whichever occurs first.

(k)Before any such commingling of adults and minors occurs, the chief administrative officer shall thoroughly review information related to initial screening and risk assessment and primary housing assignments pursuant to sections 7013.7(b) and 7013.8(c)-(e) of this Part concerning all inmates being considered for such commingling.

9 NYCRR 7013.6 - Authorized commingling

Compiled text through Mar 31, 2022

Later Register activity found — review the notice before relying on the compiled text.

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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: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: DOS-11-25-00002-A · Adopted rule · Dec 31, 2025
Source snapshot: Jun 6, 2026

(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.

(b)Males and females shall not be commingled in areas designated as special housing, admissions/orientation housing, or medical/mental health observation.

9 NYCRR 7013.7 - Initial screening and risk assessment

Compiled text through Feb 15, 2023

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: Feb 15, 2023
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-43-22-00002-A · Adopted rule · Feb 15, 2023
Source snapshot: Jun 24, 2026

(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. (c) An immediate decision concerning the disposition of each incarcerated individual [inmate] shall be made on the basis of information gathered during initial screening and risk assessment. Such disposition may include, but is not limited to, referrals to outside medical and mental health service providers. Any gathered information indicating a history of alcohol or substance abuse shall result in an immediate referral for additional medical screening pursuant to section 7011.5 of this Title.

9 NYCRR 7013.8 - Assignment to facility housing areas

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
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

9 NYCRR 7013.9 - Classification review

Compiled text through Mar 31, 2022

Later Register activity found — review the notice before relying on the compiled text.

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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: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SIR-50-22-00003-A · Adopted rule · May 17, 2023
Source snapshot: Jun 6, 2026

(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.

(b)If an inmate's classification status is changed pursuant to this section, facility staff shall comply with the notification requirements of section 7013.8(f) of this Part.

9 NYCRR 7013.10 - Confidentiality and disclosure of inmate medical and psychiatric records information

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)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.

9 NYCRR 7013.11 - Staff training

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 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.

9 NYCRR 7013.12 - Inmate screening and classification records

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)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.

(c)Either copy or written summary on a form developed for this purpose of the information noted in paragraphs (b)(2)-(4) and (8) of this section and all inmate records requested pursuant to Part 7033 of this Title shall be sent with every inmate when he/she is transferred to another correctional facility.

(d)Whenever a written summary is sent pursuant to the requirements of subdivision (c) of this section, the name(s) of the facility staff member(s) who prepared the summarized information shall be clearly identified on the form.

9 NYCRR 7013.13 - Quarterly classification report

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)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.

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