New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7418

Executive Department

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5 sections

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Source version current through Mar 31, 2022

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9 NYCRR 7418.1 - Policy

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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)Within an Office of Children and Family Services’ (OCFS) secure facility, exercise, recreation and leisure activities are essential to resident health and contribute to reducing resident tension. Pursuant to the requirement of this Part, OCFS shall require that each secure facility provide exercise, recreation and leisure activities for all residents.
(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures regarding resident access to exercise, recreation and leisure activities. The written policies and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7418.2 - Exercise, recreation and leisure activities

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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 secure facility shall provide residents with at least two hours per day of exercise, recreation and leisure activities.
(b)Each secure facility shall provide an opportunity for residents to have forty-five (45) minutes of exercise, recreation and leisure activities outdoors per day, except during inclement weather when exercise, recreation and leisure activities must be held indoors.
(c)The determination to cancel outdoor exercise, recreation and leisure activities due to inclement weather shall be based upon factors related to the safety, security and good order of the facility, or the health of the residents including, but not limited to, weather conditions that impair visibility, precipitation, and accumulation of snow or ice. Such determination shall be made by the facility director or designee, which will be recorded, and shall state the specific facts and reasons underlying the determination.
(d)Each secure facility shall employ one full time qualified staff member who plans and coordinates all exercise, recreation and leisure activity programs.
(e)Each secure facility shall maintain a schedule for exercise, recreation and leisure activities. The exercise, recreation and leisure activities shall be organized and supervised by designated staff.

9 NYCRR 7418.3 - Exercise, recreation and leisure areas and equipment

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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 secure facility shall establish and maintain one or more outdoor areas of sufficient size and design to enable residents to engage in outdoor exercise, recreation and leisure activities.
(b)Each secure facility shall provide residents with appropriate outer garments when they participate in outdoor exercise, recreation and leisure activities periods.

9 NYCRR 7418.4 - Exercise, recreation and leisure areas inspections

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

Visual inspections of exercise, recreation and leisure activities areas and equipment shall be conducted before and subsequent to each exercise period. Such visual inspections shall be recorded.

9 NYCRR 7418.5 - Limitation of exercise, recreation and leisure activities

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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)The exercise, recreation and leisure activities period of a resident may be denied, revoked or limited when it is determined that such exercise, recreation and leisure activities would cause a threat to the safety, security, or good order of the facility, or the safety, security or health of the resident or other residents.
(b)Any determination to deny, revoke or limit a resident’s exercise, recreation and leisure activities pursuant to this section shall be made by the facility director or designee. Such decision shall state the specific facts and reasons underlying such determination, and shall be recorded. The resident shall be informed of such determination.

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