New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7442
Executive Department
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9 NYCRR 7442.1 - 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)In order to promote a safe, secure and healthy environment, there shall be a limit on the total number of residents confined at any given time within each secure facility operated by the Office of Children and Family Services (OCFS).
(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern maximum facility capacity at each secure facility. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7442.2 - Definitions
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
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 residents that may be confined at one time within each secure facility as certified by the New York State Commission of Correction (the commission), pursuant to the requirements of this Part.
(b)Individual occupancy unit shall mean a resident’s room with an individually controlled locking device secured from resident access and equipped to accommodate one resident.
(c)Living area shall mean an area in which the residents sleep, 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 resident separate and apart from the general population for purposes including, but not limited to:
(1)a medical treatment unit;
(2)a modified services program unit;
(3)a classification and orientation unit; or
(4)a mental health unit.
9 NYCRR 7442.3 - Facility population limitation
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The total number of residents confined within each secure facility shall not exceed the maximum facility capacity of such facility.
9 NYCRR 7442.4 - Establishment of occupancy units
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Consistent with sections 7442.2 and 7442.7 of this Part, OCFS may establish individual occupancy units.
9 NYCRR 7442.5 - Individual occupancy unit
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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 individual occupancy unit shall contain at least 60 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 units with less than 60 square feet shall be permitted if such units were originally constructed for such purpose prior to the effective date of this Part.
(b)Except as otherwise provided in subdivision (e) of this section, each individual occupancy unit shall contain:
(1)one bed and mattress;
(2)one functioning toilet; and
(3)one functioning sink.
(c)At least one functioning shower shall be available for every 15 residents contained within a living area.
(d)Each individual occupancy unit constructed after the effective date of this Part shall provide a minimum of 25 square feet of unencumbered dayroom space per resident adjacent and accessible to such unit.
(e)Individual occupancy units which do not contain individual sinks or toilets are permitted if such units were originally constructed for such purpose prior to the effective date of this Part.
(f)Each individual occupancy unit shall house only one resident.
9 NYCRR 7442.6 - Medical treatment unit
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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 medical treatment unit shall have a minimum of 80 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.
(b)Medical treatment units with less than 80 square feet shall be permitted if such units were originally constructed for such purpose prior to the effective date of this Part.
9 NYCRR 7442.7 - Formulating maximum facility capacity
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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)Consistent with the requirements of this Part, OCFS shall formulate a proposed maximum facility capacity in writing for each secure facility in a form and manner prescribed by the commission.
(b)Such proposed capacity shall be approved in writing by the commissioner of OCFS or designee.
(c)In formulating the proposed maximum facility capacity of a facility, OCFS shall determine the maximum number of residents that can be housed in all individual occupancy units pursuant to the requirements of this Part. Such determination shall be based on the following:
(1)the number of properly equipped individual occupancy units, including the number of special management units; 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.
(d)Upon receipt of a proposed maximum facility capacity from OCFS, the commission shall review such proposed capacity and approve, modify, or reject such proposal.
(e)Upon completion of such review, the commission shall issue the commissioner of OCFS the certified maximum facility capacity analysis for such facility.
(f)Within 60 days after receipt of the certified maximum facility capacity, OCFS may, if the commission has modified or rejected the proposal, appeal to the commission for a revision to the certified maximum facility capacity.
(g)Any such appeal shall be made in writing and include the specific facts, reasons and special circumstances underlying the request.
(h)The commission shall respond to such appeal within 60 days after receipt and shall sustain or amend the original certified maximum facility capacity.
(i)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 commissioner of OCFS.
9 NYCRR 7442.8 - Application for a change in maximum facility capacity
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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 commissioner of OCFS shall apply to the commission for a revision of the certified maximum facility capacity of a secure facility upon a change in any of the factors delineated in section 7442.7(c) 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 forward its determination in writing to the commissioner of OCFS.