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New York regulations

9 NYCRR 7040.7

Executive Department

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Formulating maximum facility capacity

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Formulating maximum facility capacity

Compiled text through Mar 31, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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
No later Register activity identified in this check.
Latest notice
CMC-34-21-00001-P · Proposed rule · Aug 25, 2021
Source snapshot
Jun 6, 2026
(a)Consistent with the requirements of this Part, the commission shall formulate in writing the maximum facility capacity of each correctional facility.
(b)In formulating the maximum facility capacity of a facility, the commission shall determine the maximum number of incarcerated individuals that can be housed in each individual and multiple occupancy housing unit 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 individual occupancy housing units in housing areas designated for admissions/orientation, medical and mental health observation, and special housing;
(2)the number of properly equipped multiple occupancy housing units, including the number of properly equipped multiple occupancy housing units in housing areas designated for admissions/orientation, medical and mental health observation, and special housing; and
(3)the facility's ability to provide required programs and services and to comply with other rules and regulations of this Title which are related to facility capacity.
(c)Upon determination of the maximum facility capacity of each correctional facility, the commission shall forward a written copy of such determination to the chief administrative officer of such facility.
(d)Within 60 days after receipt of such determination, the chief administrative officer of such facility may appeal for a revision to the maximum facility capacity formulation.
(e)Any such appeal shall be made in writing and include the specific facts, reasons, or special circumstances underlying the appeal.
(f)The commission shall respond to such appeal within 60 days after its receipt and shall either sustain or amend its original formulation.
(g)The commission's determination shall be made in writing and shall state the specific facts and reasons underlying its decision. A copy of such determination shall be forwarded to the chief administrative officer.

State Register activity

2 rulemakings · 2 notices

  1. Jail staffing requirements.

    CMC-34-21-00001State Commission of Correction

    1. Proposed ruleCMC-34-21-00001-P

      Addition of sections 7003.7(c) and 7041.5; amendment of sections 7022.2(a)(17), 7040.7(b), 7041.1, 7041.2, 7041.3(c) and 7041.4 of Title 9 NYCRR.

      Register Aug 25, 2021

      Register PDF, pp. 10–12

  2. Disciplinary and administrative segregation of inmates in special housing.

    CMC-35-19-00002State Commission of Correction

    1. Adopted ruleCMC-35-19-00002-A

      Amendment of sections 7006.9(a)(5), 7013.2(h), 7013.6(a)(1), (b), 7040.2, 7040.7(b), 7041.2(a)(4), 7070.2(c)(11), 7070.7(a), 7075.4(b), addition of sections 7075.2(h)-(j) and 7075.4(g)-(k) to Title 9 NYCRR.

      Register Feb 10, 2021 · Filed Jan 26, 2021 · Effective Feb 10, 2021

      Register PDF, pp. 11–12

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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