New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7040
Executive Department
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8 sections
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9 NYCRR 7040.1 - Policy
Source version current through Mar 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
In order to promote a safe, secure, and healthy correctional environment, there shall be a limit on the total number of inmates confined at any given time within each local correctional facility.
9 NYCRR 7040.2 - Definition
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-35-19-00002-A · Adopted rule
- Related notice published
- Feb 10, 2021
- Related notice effective date
- Feb 10, 2021
As used in this Part, the following definitions shall apply to the terms listed below:
(a)Maximum facility capacity shall mean the greatest number of incarcerated individuals that may be confined at one time within each correctional facility, as formulated by the commission pursuant to the requirements of this Part.
(b)Special housing shall have the same meaning as defined in section 7013.2(h) of this Title.
9 NYCRR 7040.3 - Facility population limitation
Source version current through Mar 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The total number of inmates confined within each correctional facility shall not exceed the maximum facility capacity of such facility.
9 NYCRR 7040.4 - Individual occupancy housing units
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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)Except as otherwise provided in section 7040.6(a) of this Part, each individual occupancy housing unit shall contain at least 60 square feet of floor space; however, an individual occupancy housing unit may contain less than 60 square feet of floor space if such unit was originally constructed for single occupancy prior to the effective date of this Part.
(b)Each individual occupancy housing unit shall contain:
(1)one bed and mattress;
(2)one functioning toilet; and
(3)one functioning sink.
(c)Sufficient showers shall be available to permit each inmate to shower daily, pursuant to the requirements of section 7005.2 of this Title.
(d)Each individual occupancy housing unit shall house only one inmate.
(e)Each tier or section of individual occupancy housing units constructed after the effective date of this Part shall provide dayroom space adjacent and accessible to such tier or section.
(f)Despite the requirement of subdivision (b) of this section that each individual occupancy housing unit contain one functioning toilet and sink, a toilet and sink may be deliberately rendered nonfunctioning when the chief administrative officer determines that doing so is necessary to preserve the safety, security, or good order of the facility, or the safety, security, or health of the inmate, staff or other inmates. Any such determination shall be made by the chief administrative officer in writing, shall state the specific facts and reasons underlying the determination, shall provide that dates and times the determination was in effect, and shall be maintained as part of the centralized record required by section 7075.6 of this Title. In any such instance, the toilet shall be flushed, and the inmate shall have brief access to a functioning sink, at intervals not to exceed two hours.
(g)Any determination made pursuant to subdivision (f) of this section shall be reviewed by the chief administrative officer at intervals not to exceed 24 hours. Following each such review, the chief administrative officer shall document, in writing, whether such determination shall continue or cease, and state the specific facts and reasons underlying the continuance or termination.
9 NYCRR 7040.5 - Multiple occupancy housing units
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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)Each multiple occupancy housing unit shall provide a minimum of 50 square feet of floor space per inmate in the sleeping area, except as otherwise provided in section 7040.6(b) of this Part.
(b)Each multiple occupancy housing unit shall house no more than 60 inmates.
(c)Each multiple occupancy housing unit shall have a bed and mattress for each inmate and have available:
(1)at least one functioning toilet for every 12 inmates;
(2)at least one functioning shower for every 15 inmates; and
(3)at least one functioning sink for every 12 inmates.
(d)Each multiple occupancy housing unit shall provide dayroom space immediately adjacent and accessible to the sleeping area.
(e)Despite the requirement of subdivision (c) of this section that each multiple occupancy housing unit contain one functioning toilet and sink for every 12 inmates, a toilet and sink may be deliberately rendered nonfunctioning when the chief administrative officer determines that doing so is necessary to preserve the safety, security, or good order of the facility, or the safety, security, or health of the inmate, staff or other inmates. Any such determination shall be made by the chief administrative officer in writing, shall state the specific facts and reasons underlying the determination, shall provide that dates and times the determination was in effect, and shall be maintained as part of the centralized record required by section 7075.6 of this Title. In any such instance, the toilet shall be flushed, and the inmate shall have brief access to a functioning sink, at intervals not to exceed two hours.
(f)Any determination made pursuant to subdivision (e) of this section shall be reviewed by the chief administrative officer at intervals not to exceed 24 hours. Following each such review, the chief administrative officer shall document, in writing, whether such determination shall continue or cease, and state the specific facts and reasons underlying the continuance or termination.
9 NYCRR 7040.6 - Medical housing units and treatment areas
Source version current through Mar 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Each individual occupancy housing unit used to house inmates apart from the general population for purposes of medical observation or treatment shall have a minimum of 80 square feet of floor space.
(b)Each multiple occupancy housing unit used to house inmates apart from general population for purposes of medical observation or treatment shall have a minimum of 80 square feet of floor space per inmate in the sleeping area.
9 NYCRR 7040.7 - Formulating maximum facility capacity
Source version current through Sep 30, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Effective date
- Mar 19, 2025
- Source version current through
- Sep 30, 2026
- Related Register notice
- CMC-49-24-00001-A · Adopted rule
- Related notice published
- Mar 19, 2025
- Related notice effective date
- Mar 19, 2025
Formulating maximum facility capacity
(a)Consistent with the requirements of this Part, the commission shall formulate in writing the maximum facility capacity of each correctional facility.
(b)In formulating the maximum facility capacity of a facility, the commission shall determine the maximum number of incarcerated individuals that can be housed in each individual and multiple occupancy housing unit pursuant to the requirements of this Part. Such determination shall be based on the following:
(1)the number of properly equipped individual occupancy housing units, including the number of properly equipped individual occupancy housing units in housing areas designated for admissions/orientation, medical and mental health observation, and special housing;
(2)the number of properly equipped multiple occupancy housing units, including the number of properly equipped multiple occupancy housing units in housing areas designated for admissions/orientation, medical and mental health observation, and special housing; and
(3)the facility’s ability to maintain the required post complement, as that term is defined in section 7041.1 of this Title, to provide required programs and services and to comply with other rules and regulations of this Title which are related to facility capacity.
(c)Upon determination of the maximum facility capacity of each correctional facility, the commission shall forward a written copy of such determination to the chief administrative officer of such facility.
(d)Within 60 days after receipt of such determination, the chief administrative officer of such facility may appeal for a revision to the maximum facility capacity formulation.
(e)Any such appeal shall be made in writing and include the specific facts, reasons, or special circumstances underlying the appeal.
(f)The commission shall respond to such appeal within 60 days after its receipt and shall either sustain or amend its original formulation.
(g)The commission's determination shall be made in writing and shall state the specific facts and reasons underlying its decision. A copy of such determination shall be forwarded to the chief administrative officer.
9 NYCRR 7040.8 - Applying for a change in maximum facility capacity
Source version current through Mar 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Upon a change in any of the factors delineated in subdivision (b) of section 7040.7 of this Part, the chief administrative officer may apply to the commission for a revision of the maximum facility capacity.
(b)Such application shall be made in writing and include the specific facts, reasons, or special circumstances underlying the request.
(c)Within 60 days after receipt, the commission shall review such application and forward its determination in writing to the chief administrative officer.