Title 9 Part 7028 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 7028.1 - Policy

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: TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot: Jun 6, 2026

Exercise is essential to good health and contributes to reducing tensions within a facility. Pursuant to the requirements of this Part, the chief administrative officer of each correctional facility shall maximize the provision of exercise activities for inmates.

9 NYCRR 7028.2 - Exercise periods

Compiled text through Aug 10, 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: Register check
Compiled text through: Aug 10, 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-20-26-00002-EP · Emergency and proposed rule · May 3, 2026
Source snapshot: Jun 6, 2026

(a)All exercise periods shall be held in the outdoor exercise area, except during inclement weather when exercise must be held in the indoor exercise area and may, at the discretion of the chief administrative officer, also be held in the outdoor exercise area. The determination to cancel outdoor exercise due to inclement weather shall be based upon factors related to the safety, security, or good order of the facility including, but not limited to, weather conditions that impair visibility, precipitation, and accumulation of snow or ice. Such determination shall be made by the chief administrative officer in writing and shall state the specific facts and reasons underlying the determination.

(b)All inmates who have completed the classification process pursuant to sections 7013.7 and 7013.8 of this Title, except as otherwise provided in subdivision (c) of this section or section 7028.6 of this Part, shall be entitled to exercise periods which, at the discretion of the chief administrative officer, shall consist of:

(1)at least 1½ hours during each of five days per week; or

(2)at least one hour seven days a week.

(c)For reasons of facility safety and security, inmates who have not yet completed the facility's classification process pursuant to sections 7013.7 and 7013.8 of this Title may be denied exercise. Any denial of exercise pursuant to this subdivision shall be limited to the time required to complete the facility classification process, but in no case shall such denial be for more than five days, excluding weekends and legal holidays.

(d)Incarcerated individuals who do not have access to cell corridors or day rooms because of physical plant limitations or disciplinary actions shall be entitled to an exercise period of at least one hour seven days a week.

(e)For the purposes of compliance with subdivisions (b) and (d) of this section, exercise periods shall commence when all inmates have entered the exercise area and shall conclude when all inmates are instructed to cease exercise activities.

(f)Each facility shall maintain a record of the dates and times when exercise periods are held pursuant to the requirements of this section.

9 NYCRR 7028.3 - Exercise within inmate housing units, cell corridors and day rooms

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

Any exercise periods taking place within housing units and available cell corridors and day rooms shall not fulfill the requirements of providing exercise periods pursuant to this Part. However, exercise periods taking place in direct supervision housing units shall fulfill the requirements of this Part.

9 NYCRR 7028.4 - Exercise areas and equipment

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: TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot: Jun 6, 2026

(a)Each facility shall establish and maintain one or more outdoor exercise areas of sufficient size and design to enable inmates to engage in exercise.

(b)Each facility shall provide a minimum total of 1,500 square feet of area for outdoor exercise.

(c)Each facility shall provide inmates upon request with appropriate outer garments when they participate in outdoor exercise from November through March and, if applicable, during inclement weather.

(d)Each facility shall establish and maintain one or more areas of sufficient size and design to enable inmates to engage in indoor exercise.

9 NYCRR 7028.5 - Exercise area searches

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: TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot: Jun 6, 2026

Searches of exercise areas shall be conducted prior and subsequent to each exercise period.

9 NYCRR 7028.6 - Limitation of exercise

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: TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot: Jun 6, 2026

(a)The exercise period of a prisoner may be denied, revoked, or limited when it is determined that such exercise period would cause a threat to the safety, security, or good order of the facility, or the safety, security, or health of the prisoner or other prisoners.

(b)Any determination to deny, revoke, or limit a prisoner's exercise period pursuant to this section shall be made by the chief administrative officer in writing, and shall state the specific facts and reasons underlying such determination. A copy of this determination shall be given to the prisoner.

(c)Each inmate shall be free from mechanical restraints during his or her exercise period, unless doing so would cause a threat to the safety, security, or good order of the facility, or the safety, security, or health of the inmate, staff, or other inmates. Any determination to mechanically restrain an inmate during his or her exercise period shall be made by the chief administrative officer in writing, shall state the restraints employed and the specific facts and reasons underlying such determination, and shall be maintained as part of the centralized record required by section 7075.6 of this Title.

9 NYCRR 7028.7 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

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: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: TDA-21-22-00004-P · Proposed rule · May 25, 2022
Source snapshot: Jun 6, 2026

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