New York regulations
Title 9 Part 7076
Executive Department
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9 NYCRR 7076.1 - Purpose
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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
- CMC-15-22-00007-E · Emergency rule · Jun 23, 2022
- Source snapshot
- Jun 6, 2026
The purpose of this Part shall be to ensure that the conditions, programming, duration, recordkeeping and reporting of segregated confinement practices in local correctional facilities remain consistent with relevant law and ensure the fair and humane treatment of affected incarcerated individuals.
9 NYCRR 7076.2 - Definitions
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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
- CMC-15-22-00007-E · Emergency rule · Jun 23, 2022
- Source snapshot
- Jun 6, 2026
9 NYCRR 7076.3 - Policy
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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
- CMC-15-22-00007-E · Emergency rule · Jun 23, 2022
- Source snapshot
- Jun 6, 2026
Consistent with the requirements of this Part, each facility shall establish and implement policies and procedures with respect to the conditions, programming, duration, recordkeeping and reporting of segregated confinement.
9 NYCRR 7076.4 - Conditions and function
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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
- CMC-15-22-00007-E · Emergency rule · Jun 23, 2022
- Source snapshot
- Jun 6, 2026
(a)All facility housing areas in which incarcerated individuals are subject to segregated confinement shall create the least restrictive environment necessary for the safety of incarcerated persons, staff, and the security of the facility.
(b)No individual may be placed in segregated confinement based on the same act or incident that was previously used as the basis for such placement.
(c)No individual may be held in segregated confinement for protective custody. Any unit used for protective custody must, at a minimum, conform to the requirements governing residential rehabilitation units, as set forth in Part 7077 of this Title.
9 NYCRR 7076.5 - Programming
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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
- CMC-15-22-00007-E · Emergency rule · Jun 23, 2022
- Source snapshot
- Jun 6, 2026
(a)Incarcerated individuals in segregated confinement shall be offered out-of-cell programming at least four hours per day, including at least one hour for exercise.
(b)Incarcerated individuals in segregated confinement shall be offered programming led by program or therapeutic staff five days per week, except on recognized state legal holidays. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities.
(c)If established that an incarcerated individual committed a violent felony act while in segregated confinement and poses a significant and unreasonable risk to the safety and security of other incarcerated individuals or staff, the chief administrative officer may restrict such individual’s participation in programming and out-of-cell activities as necessary for the safety of other incarcerated individuals and staff. If such restrictions are imposed, the facility must provide at least four hours out-of-cell time daily, including at least two hours of therapeutic programming and two hours of exercise, and must make reasonable efforts to reinstate access to programming as soon as possible. In no case may such restrictions extend beyond 15 days unless the incarcerated individual commits a new violent felony act justifying restrictions on program access, or if the chief administrative officer reasonably determines that the incarcerated individual poses an extraordinary and unacceptable risk of imminent harm to the safety or security of other incarcerated individuals or staff. Any extension of program restrictions beyond 15 days must be meaningfully reviewed and approved at least every 15 days by the chief administrative officer. Each review must consider the impact of therapeutic programming provided during the 15 day period on the individual’s risk of imminent harm and the chief administrative must articulate in writing, with a copy provided to the incarcerated individual, the specific reason why the individual currently poses an extraordinary and unacceptable risk of imminent harm to the safety or security of incarcerated individuals or staff. In no case may restrictions imposed by the chief administrative officer extend beyond 90 days unless the individual commits a new violent felony act justifying restrictions on program access.
9 NYCRR 7076.6 - Duration of segregated confinement
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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
- CMC-15-22-00007-A · Adopted rule · Aug 10, 2022
- Source snapshot
- Jun 6, 2026
(a)Incarcerated individuals of a special population shall not be placed in segregated confinement for any length of time, except as authorized by section 7006.7(a) of this Title as administrative segregation pending a disciplinary hearing.
(b)No incarcerated individual may be placed in segregated confinement for longer than necessary and no more than 15 consecutive days, nor shall any individual be placed in segregated confinement for more than 20 total days within any 60 day period except as otherwise provided in subdivision (c) of this section. At these limits, the incarcerated individual must be released from segregated confinement or, in facilities with a maximum facility capacity exceeding 500, diverted to a separate residential rehabilitation unit. If placement of such individual in segregated confinement would exceed the 20 day limit and the chief administrative officer determines that the individual committed a violent felony act, the chief administrative officer may, in a facility with a maximum facility capacity exceeding 500, place the individual in segregated confinement until admission to a residential rehabilitation unit can be effectuated. Such admission to a residential rehabilitation unit shall occur as expeditiously as possible and in no case take longer than 48 hours from the time such individual is placed in segregated confinement.
(c)For offenses determined to constitute a violent felony act, if occurring more than one time within any 60 day period, up to an additional 15 consecutive days in segregated confinement may occur for each such additional incident. If such subsequent incident takes place in a residential rehabilitation unit or general population, the incarcerated individual may be returned to segregated confinement for up to 15 consecutive days. If such subsequent incident takes place in segregated confinement and causes physical injury to another person, the incarcerated individual may receive up to an additional 15 consecutive days in segregated confinement, provided however that the individual must spend at least 15 days in a residential rehabilitation unit in between each placement of up to 15 consecutive days in segregated confinement.
9 NYCRR 7076.7 - Recordkeeping and reporting
Later Register activity found — review the notice before relying on the compiled text.
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
- CMC-15-22-00007-E · Emergency rule · Jun 23, 2022
- Source snapshot
- Jun 6, 2026
(a)Any restriction, determination, extension, review or approval required or authorized by this Part shall be made by the chief administrative officer in writing, and shall state the specific facts and underlying reasons.
(b)Each facility shall maintain all records required by subdivision (a) of this section in a centralized location.
(c)Each facility shall publish monthly reports on its website, with semi-annual and annual cumulative reports, of the total number of people who are in segregated confinement on the first day of each month. The reports shall provide a breakdown of the number of people in segregated confinement by:
(1)age;
(2)race;
(3)gender;
(4)special health accommodations or needs;
(5)need for and participation in substance use disorder programs;
(6)pregnancy status; and
(7)number of days in segregated confinement.