New York regulations

9 NYCRR 7210.5

Executive Department

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Criteria

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-01-18-00005-A · Adopted rule · Apr 11, 2018
Source snapshot
Jun 6, 2026
(a)The commission shall issue a substitute jail order authorizing the confinement of some or all of the inmates of a facility in another suitable place or facility, or upon the consent of the commissioner, an institution, under any of the following circumstances:
(1)when the facility in which the inmate or inmates are confined becomes unfit or unsafe for their continued confinement, is unable to properly maintain its inmates or a group of inmates in proper classification, or when the inmate count of such facility reaches a level which renders it unsafe or imprudent for the confinement of the total inmate population, and a reduction in the number of inmates is deemed advisable;
(2)when, as a result of natural or civil disaster, inmate disturbance or other factors which render it unsafe or unsound to house inmates in a given area, the evacuation of such inmates is required;
(3)when the safety or security of an inmate or group of inmates is threatened by their confinement in a facility and the facility administrator reasonably believes that the public interest, as well as the safety of the inmates, would be better served by their being housed in another suitable place or facility;
(4)when the facility is unable to provide vital services, such as medical, mental health and food services, and the facility administrator reasonably believes that such services are more readily available at another suitable place or facility; or
(5)when, due to extraordinary circumstances, the facility administrator determines that the public interest and facility security would be served by the transfer of an inmate or group of inmates to another suitable place or facility.
(b)The commission may issue either an individual order authorizing the transfer of an inmate or group of inmates from one facility to another or an open order which authorizes the facility to transfer any inmate to another facility. All open orders shall be subject to review by the commission every 90 days.

State Register activity

1 rulemaking · 1 notice

  1. Specialized secure juvenile detention facilities for older youth (SSDs).

    CMC-01-18-00005State Commission of CorrectionPart-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 7210).

    1. Adopted ruleCMC-01-18-00005-A

      Renumbering of Chapters III, IV and V of Subtitle AA, Part 7300 to Chapters IV, V and VI of Subtitle AA, Part 7210; amendment of sections 7013.2(l)(2), 7210.4(e); and addition of new Chapter III of Subtitle AA, Parts 7303 and 7304 to Title 9 NYCRR.

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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