New York regulations
Title 9 Part 7077
Executive Department
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9 NYCRR 7077.1 - Applicability and 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
(a)The purpose of this Part shall be to ensure that the conditions, programming, duration, recordkeeping and reporting of residential rehabilitation units in local correctional facilities remain consistent with relevant law and ensure the fair and humane treatment of affected incarcerated individuals.
(b)The requirements of this Part shall not apply to a facility with a maximum facility capacity of 500 or fewer.
9 NYCRR 7077.2 - 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 7077.3 - 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 residential rehabilitation units.
9 NYCRR 7077.4 - 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)Residential rehabilitation units shall be therapeutic and trauma-informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
(b)All residential rehabilitation units shall create the least restrictive environment necessary for the safety of incarcerated persons, staff, and the security of the facility.
(c)No individual may be placed in a residential rehabilitation unit based on the same act or incident that was previously used as the basis for such placement.
9 NYCRR 7077.5 - 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)Upon admission to a residential rehabilitation unit, program and mental health staff shall administer assessments and develop an individual rehabilitation plan in consultation with the incarcerated individual, based upon the individual’s medical, mental health, and programming needs. Such plan shall identify specific goals and programs, treatment, and services to be offered, with projected time frames for completion and discharge from the residential rehabilitation unit.
(b)Incarcerated individuals admitted to a residential rehabilitation unit shall be offered at least six hours of daily out-of-cell congregate programming, services, treatment, recreation, activities and/or meals, with an additional minimum of one hour for exercise. Exercise in all residential rehabilitation units shall take place in a congregate setting, unless exceptional circumstances mean doing so would create a significant and unreasonable risk to the safety and security of other incarcerated individuals, staff, or the facility.
(c)Incarcerated individuals in residential rehabilitation units 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 dayroom or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities.
(d)An incarcerated individual in a residential rehabilitation unit shall have access to programs and work assignments comparable to core programs and types of work assignments in general population. Such incarcerated individuals shall also have access to additional out-of-cell, trauma-informed therapeutic programming aimed at promoting personal development, addressing underlying causes of problematic behavior resulting in placement in a residential rehabilitation unit, and helping prepare for discharge from the unit and to the community.
(e)If established that an incarcerated individual committed a violent felony act while in a residential rehabilitation unit 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 individual commits a new violent felony act justifying restrictions on program access, or if the chief administrative officer reasonably determines that the individual poses an extraordinary and unacceptable risk of imminent harm to the safety or security of 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 officer 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 other 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.
(f)Restraints shall not be used when incarcerated individuals are participating in out-of-cell activities within a residential rehabilitation unit unless an individual assessment is made that restraints are required because of a significant and unreasonable risk to the safety and security of other incarcerated individuals or staff.
9 NYCRR 7077.6 - Duration of stay
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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)Any sanction imposed on an incarcerated individual requiring segregated confinement shall run while the individual is in a residential rehabilitation unit and the individual shall be discharged from the unit before or at the time such sanction expires. If the individual’s rehabilitation plan is successfully completed before the sanction expires, the individual shall have a right to be discharged from the unit upon such completion.
(b)If an incarcerated individual has not been discharged from a residential rehabilitation unit within one year of initial admission to such a unit, the individual shall have a right to be discharged from the unit unless the individual committed a violent felony act within the prior 180 days and the individual poses a significant and unreasonable risk to the safety or security of incarcerated persons or staff. In any such case the decision not to discharge such individual shall be immediately and automatically subjected to an independent review by the chief administrative officer. An incarcerated individual may remain in a residential rehabilitation unit beyond the time limits provided in this section if approved by the chief administrative officer. In extraordinary circumstances, a person who has not committed a violent felony act within the prior 180 days may remain in a residential rehabilitation unit beyond the time limits provided in this section if the chief administrative officer determines that such individual poses an extraordinary and unacceptable risk of imminent harm to the safety or security of incarcerated persons or staff.
(c)There shall be a meaningful periodic review of the status of each incarcerated individual in a residential rehabilitation unit at least every 60 days to assess the individual’s progress and determine if the individual should be discharged from the unit. Following such periodic review, if the individual is not discharged from the unit, program and mental health staff shall specify in writing the reasons for the determination and the program, treatment, service, and/or corrective action required before discharge. The incarcerated individual shall be given access to the programs, treatment and services specified, and shall have a right to be discharged from the residential rehabilitation unit upon the successful fulfillment of such requirements.
(d)When an incarcerated individual is discharged from a residential rehabilitation unit, any remaining time to serve on any underlying disciplinary sanction shall be dismissed. If an incarcerated individual substantially completes the developed rehabilitation plan, the individual shall have any associated loss of good time restored upon discharge from the unit.
9 NYCRR 7077.7 - 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 residential rehabilitation units on the first day of each month. The reports shall provide a breakdown of the number of people in residential rehabilitation units by:
(1)age;
(2)race;
(3)gender;
(4)special health accommodations or needs;
(5)need for and participation in substance use disorder programs; and
(6)pregnancy status.