New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7320
Executive Department
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6 sections
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All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7320.1 - Policy
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)In order to promote a safe, secure and healthy environment, there shall be a limit on the total number of youth confined at any given time within each facility.
(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern a facility’s maximum facility capacity. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7320.2 - Definitions
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
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 youth that may be confined at one time within each facility, as formulated by the commission, in consultation with OCFS, pursuant to the requirements of this Part.
(b)Individual occupancy room shall mean a youth's bedroom with an individually controlled locking device secured from youth access and equipped to accommodate one youth.
(c)Living unit shall mean an area in which youth congregate, shower and participate in program and leisure activities.
(d)Special management unit shall mean any unit which can be designated for the individual housing of a youth separate and apart from the general population for purposes including, but not limited to:
(1)a medical treatment unit;
(2)a classification and orientation unit; or
(3)a mental health unit.
9 NYCRR 7320.3 - Facility population limitation
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
The total number of youth confined within a facility shall not exceed the maximum facility capacity of such facility.
9 NYCRR 7320.4 - Individual occupancy room
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-04-21-00002-A · Adopted rule
- Related notice published
- May 5, 2021
- Related notice effective date
- May 5, 2021
(a)Each individual occupancy room shall contain at least 70 square feet of floor space if such unit is constructed after the effective date of this Part and has been rated for single occupancy by the commission. Individual occupancy rooms with less than 70 square feet shall be permitted if such units were originally constructed for such purpose prior to the effective date of this Part.
(b)Each individual occupancy room shall contain one bed and mattress. Mattresses shall be constructed of a fire-retardant material. When issued, mattress covers shall be constructed of materials both water-resistant and easily sanitized.
(c)At least one functioning toilet, sink and shower shall be available for every eight youth contained within a living unit.
(d)Each individual occupancy room constructed after the effective date of this Part shall provide a minimum of 25 square feet of unencumbered living unit space per youth adjacent and accessible to such unit.
(e)Each individual occupancy room shall house only one youth.
9 NYCRR 7320.5 - Formulating maximum facility capacity
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Consistent with the requirements of this Part, the commission shall formulate a maximum facility capacity in writing for the facility.
(b)In formulating the proposed maximum facility capacity of a facility, the commission, in consultation with OCFS, shall determine the maximum number of youth that can be housed in all individual occupancy rooms pursuant to the requirements of this Part. Such determination shall be based on the following:
(1)the number of properly equipped individual occupancy rooms; and
(2)the facility's ability to provide required programs and services and to comply with other provisions of this Part which are related to facility capacity.
(c)Upon completion of such review, the commission shall issue the director the certified maximum facility capacity analysis for such facility.
(d)Within 60 days after receipt of the certified maximum facility capacity, the director may appeal to the commission for a revision to the certified maximum facility capacity. In the event of such appeal, the maximum facility capacity analysis issued pursuant to subdivision (c) of this section shall remain in effect until the commission’s determination of the appeal.
(e)Any such appeal shall be made in writing and include the specific facts, reasons and special circumstances underlying the request.
(f)The commission shall respond to such appeal within 60 days after receipt and shall, in consultation with OCFS, sustain or amend the original certified maximum facility capacity.
(g)The commission's determination shall be made in writing, stating the specific facts and reasons underlying such decision. A copy of such determination shall be forwarded to the director.
9 NYCRR 7320.6 - Application for a change in maximum facility capacity
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-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)The director shall apply to the commission for a revision of the certified maximum facility capacity of a facility upon a change in any of the factors delineated in section 7320.5(b) of this Part.
(b)Such application shall be made in writing and include the specific facts, reasons and special circumstances underlying the request.
(c)Within 60 days after receipt, the commission shall review such application and, following consultation with OCFS, forward its determination in writing to the director.