9 NYCRR Part 7028 - Executive Department

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Source version current through Mar 31, 2022

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7028.1 - Policy

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

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

Related State Register notice: Adopted rule CMC-15-22-00007-A. Published Aug 10, 2022. Notice effective date: Aug 10, 2022.

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Dates and status

NYCRR title agency: Executive Department
Section status: Register check
Source version current through: Mar 31, 2022
Related Register notice: CMC-15-22-00007-A · Adopted rule
Related notice published: Aug 10, 2022
Related notice effective date: Aug 10, 2022

Current section text is not available here.

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

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

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

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(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

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

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

9 NYCRR 7028.6 - Limitation of exercise

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-05-19-00004-A · Adopted rule
Related notice published: Jun 5, 2019
Related notice effective date: Jun 5, 2019

(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 - Earlier source heading: [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Current section text is not available here.

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