9 NYCRR Part 7621 - Executive Department

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Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7621.1 - 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

In order to promote a safe, secure and healthy correctional environment, there shall be a limit on the total number of inmates confined at any given time within each correctional facility.

9 NYCRR 7621.2 - 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 term maximum facility capacity shall mean the greatest number of inmates that may be confined at one time within each correctional facility as certified by the commission pursuant to the requirements of this Part.

9 NYCRR 7621.3 - 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 inmates confined within each correctional facility shall not exceed the maximum facility capacity of such facility.

9 NYCRR 7621.4 - Establishment of housing 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

The department may establish individual occupancy housing units, double occupancy housing units, and multiple occupancy housing units, as hereinafter defined in sections 7621.5, 7621.6, 7621.7, and 7621.8 of this Part, respectively.

9 NYCRR 7621.5 - Individual occupancy housing 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

(a)An individual occupancy housing unit is a housing unit with an individually controlled locking device secured from inmate access equipped to accommodate one inmate. Each individual occupancy housing unit shall contain at least 60 square feet of floor space; however, an individual occupancy housing unit may contain less than 60 square feet of floor space if such unit was originally constructed for single occupancy or has been rated for single occupancy by the commission.

(b)Except as otherwise provided in subdivision (c) of this section, each individual occupancy housing unit shall contain:

(1)one bed and mattress;

(2)one functioning toilet; and

(3)one functioning sink.

(c)The equipment required pursuant to subdivision (b) of this section may be modified or excluded for individual occupancy housing units used for short term medical/mental health observation of inmates when the presence of such equipment may pose a threat to such inmates or to the safety or security of the facility.

(d)At least one functioning shower shall be available for each tier or section of individual occupancy housing units.

(e)Each individual occupancy housing unit shall house only one inmate.

9 NYCRR 7621.6 - Double occupancy housing units originally designated for individual occupancy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A double occupancy housing unit originally designated for individual occupancy is a housing unit with an individually controlled locking device secured from inmate access that was originally designated for individual occupancy and which is equipped to accommodate two inmates. Each double occupancy housing unit originally designated for individual occupancy shall provide a minimum of 23 square feet of floor space per inmate.

(b)Each double occupancy housing unit originally designated for individual occupancy shall house no more than two inmates.

(c)Each double occupancy housing unit originally designated for individual occupancy shall contain the following:

(1)one functioning toilet;

(2)one functioning sink;

(3)one bed and mattress for each inmate; and

(4)one safe storage area for each inmate.

(d)At least one functioning shower shall be available for each tier or section in which double occupancy housing units originally designated for individual occupancy are located.

(e)In determining which inmates will be assigned to double occupancy housing units originally designated for individual occupancy, the department shall first consider those inmates newly transferred into the facility where such units have been established.

(f)Each inmate shall undergo a screening and risk assessment, including a review of medical records, prior to being assigned to a double occupancy housing unit originally designated for individual occupancy. Only those inmates determined by the department to be suitable shall be assigned to double occupancy housing units originally designated for individual occupancy. The department shall adopt regulations setting forth the standards for determining an inmate's suitability for assignment to a double occupancy housing unit originally designated for individual occupancy. Such standards shall include, but not be limited to, the following factors:

(1)the physical characteristics of the inmate;

(2)the age of the inmate;

(3)the mental state of the inmate;

(4)the health of the inmate;

(5)the inmate's disciplinary and behavioral record; and

(6)the inmate's criminal history and the nature of the offense(s) for which the inmate is currently incarcerated.

(g)An inmate designated as OMH level I shall not be assigned to a double occupancy housing unit originally designated for individual occupancy.

(h)If an inmate is determined to be suitable for assignment to a double occupancy housing unit originally designated for individual occupancy, such inmate shall receive a physical assessment by facility health care staff prior to or within 48 hours of actual placement in a double occupancy housing unit.

(i)Only those inmates determined by the department to be compatible shall be housed together in a double occupancy housing unit originally designated for individual occupancy. The department shall adopt regulations setting forth standards for selecting which inmates of those determined to be suitable are to be housed together in a double occupancy housing unit originally designated for individual occupancy. Such standards shall include, but not be limited to, the following factors:

(1)whether two inmates have requested to be housed together;

(2)the ethnic and religious backgrounds of the inmates;

(3)the age of the inmates;

(4)the physical size of the inmates;

(5)the length of time left to be served by the inmates;

(6)the program or job assignment of the inmates;

(7)whether there is a familial relationship between the inmates;

(8)whether the inmates smoke; and

(9)known enemies of record.

(j)Inmates shall be moved on the basis of seniority from double occupancy housing units originally designated for individual occupancy to individual or multiple occupancy housing units as such units become available; subject however to the facility's needs and the program assignments of the affected inmates. No inmate shall be confined in a double occupancy housing unit originally designated for individual occupancy for a period of more than 60 days unless such inmate volunteers to remain in such unit for a longer period of time. At the expiration of the 60 days, if an inmate does not volunteer to remain in a double occupancy housing unit originally designated for individual occupancy he shall be moved to an individual or multiple occupancy housing unit at either his current facility or a new facility.

(k)No individual occupancy housing unit may be converted by the department to a double occupancy housing unit originally designated for individual occupancy without the approval of the commission. The factors the commission shall consider in determining whether to approve the conversion of an individual occupancy housing unit to a double occupancy housing unit originally designated for individual occupancy shall include, but not be limited to, the following:

(1)the proximity of the unit to a security station or to security staff;

(2)whether the unit will comply with the requirements of subdivisions (a), (b), (c) and (d) of this section; and

(3)the effect conversion will have on the facility's ability to provide programs and services.

(l)If the commission approves conversion of an individual occupancy housing unit to a double occupancy housing unit originally designated for individual occupancy, the department shall reformulate the affected facility's maximum facility capacity consistent with sections 7621.10 and 7621.11 of this Part.

9 NYCRR 7621.7 - Double occupancy housing units originally designated and constructed for double occupancy

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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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)A double occupancy housing unit originally designated and constructed for double occupancy is a housing unit with an individually controlled locking device secured from inmate access that was originally designated and constructed to accommodate two inmates. Each double occupancy housing unit originally designated and constructed for double occupancy shall provide a minimum of 50 square feet of floor space per inmate.

(b)Each double occupancy housing unit originally designated and constructed for double occupancy shall house no more than two inmates.

(c)Each double occupancy housing unit originally designated and constructed for double occupancy shall contain the following:

(1)one functioning toilet;

(2)one functioning sink; and

(3)one bed and mattress for each inmate.

(d)Each inmate housed in a double occupancy housing unit originally designated and constructed for double occupancy shall have available one safe storage area.

(e)At least one functioning shower shall be available for each tier or section in which double occupancy housing units originally designated and constructed for double occupancy are located.

(f)Each inmate shall undergo a screening and risk assessment, including a review of medical records, prior to being assigned to a double occupancy housing unit originally designated and constructed for double occupancy. Only those inmates determined by the department to be suitable shall be assigned to double occupancy housing units originally designated and constructed for double occupancy. The department shall adopt written policies and procedures, which shall be filed with the commission, setting forth the standards for determining an inmate's suitability for assignment to a double occupancy housing unit originally designated and constructed for double occupancy. Such standards shall include, but not be limited to, the following factors:

(1)the physical characteristics of the inmate;

(2)the mental state of the inmate;

(3)the health of the inmate;

(4)the inmate's disciplinary and behavioral records; and

(5)the inmate's criminal history and the nature of the offense(s) for which the inmate is currently incarcerated.

(g)An inmate designated as OMH level I shall not be assigned to a double occupancy housing unit originally designated and constructed for double occupancy.

(h)Only those inmates determined by the department to be compatible shall be housed together in a double occupancy housing unit originally designated and constructed for double occupancy. The department shall adopt written policies and procedures, which shall be filed with the commission, setting forth standards for selecting which inmates of those determined to be suitable are to be housed together in a double occupancy housing unit originally designated and constructed for double occupancy. Such standards shall include, but not be limited to, the following factors:

(1)the ethnic and religious backgrounds of the inmates;

(2)the physical capabilities of the inmates;

(3)whether the inmates smoke; and

(4)known enemies of record.

9 NYCRR 7621.8 - Multiple occupancy housing units

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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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)A multiple occupancy housing unit is a housing unit equipped to accommodate at least three and not more than 60 inmates. Each multiple occupancy housing unit shall provide a minimum of 50 square feet of floor space per inmate in the sleeping area.

(b)Each multiple occupancy housing unit shall house no more than 60 inmates.

(c)Each multiple occupancy housing unit shall have a bed and mattress for each inmate and have available:

(1)at least one functioning toilet for every 12 inmates;

(2)at least one functioning shower for every 15 inmates; and

(3)at least one functioning sink for every 12 inmates.

(d)The provisions of paragraphs (c)(1), (2) and (3) of this section shall not apply to multiple occupancy housing units originally constructed or approved for occupancy by the commission prior to the effective date of this Part, provided that such units contain showers, toilets, and sinks in sufficient number to assure the personal hygiene of inmates housed in such units.

9 NYCRR 7621.9 - Medical housing units and treatment areas

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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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 housing unit used to house inmates apart from general population for purposes of medical observation or treatment shall have a minimum of 80 square feet of floor space.

(b)Each multiple housing unit used to house inmates apart from general population for purposes of medical observation or treatment shall have a minimum of 80 square feet of floor space per inmate in the sleeping area.

9 NYCRR 7621.10 - Formulating maximum facility capacity

Source version current through Mar 31, 2022

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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, the department shall formulate a proposed maximum facility capacity in writing for each correctional facility in a form and manner prescribed by the commission.

(b)Such proposed capacity shall be approved in writing by the commissioner or his designee.

(c)In formulating the proposed maximum facility capacity for each facility, the department shall determine the maximum number of inmates that can be housed in individual, double, and multiple occupancy housing units pursuant to the requirements of this Part. Such determination shall be based on the following:

(1)the number of properly equipped individual occupancy housing units, including the number of properly equipped admissions, medical and mental health and any other special housing units;

(2)the number of properly equipped double occupancy housing units;

(3)the number of properly equipped multiple occupancy housing units, including the number of properly equipped admissions, medical and mental health and any other special housing units; and

(4)the facility's ability to provide required programs and services and to comply with other rules and regulations of this Chapter which are related to facility capacity.

(d)Upon receipt of a proposed maximum facility capacity from the department, the commission shall review such proposed capacity and may either approve or modify it.

(e)Upon completion of such review, the commission shall issue a certified maximum facility capacity for such facility to the commissioner.

(f)Within 60 days after receipt of the certified maximum facility capacity, the commissioner may, if the commission has modified the department's proposal, appeal for a revision to the certified capacity.

(g)Any such appeal shall be made in writing and include the specific facts, reasons or special circumstances underlying the request.

(h)The commission shall respond to such appeal within 60 days after its receipt and shall either sustain or amend its original certified capacity.

(i)The commission's determination shall be made in writing, state the specific facts and reasons underlying its decision and shall be forwarded to the commissioner.

9 NYCRR 7621.11 - Applying for a change in maximum facility capacity

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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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)Upon a change in any of the factors delineated in section 7621.10(c) of this Part, the commissioner may apply to the commission for a revision of a facility's certified maximum facility capacity.

(b)Such application shall be made in writing and include the specific facts, reasons or 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.

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