N.Y. Comp. Codes R. & Regs. tit. 7 § 305.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 305.2 - Deprivation order

(a) The provision of an essential service to an incarcerated individual shall not be denied, restricted, or limited unless the facility deputy superintendent for security, officer of the day (O.D.), or higher-ranking authority determines that providing such an essential service would cause a threat to the safety or security of the facility, or the safety, security, or health of the incarcerated individual, staff or other incarcerated individuals. Initial authorization may be given verbally but must be confirmed in writing within 24 hours with a copy to the superintendent, and one copy to the incarcerated individual. The writing shall state specific facts and reasons underlying the determination.

(b) Each deprivation order must be reviewed on a daily basis by the deputy superintendent for security or, in his or her absence, the O.D. or higher-ranking authority. If the O.D. is not present at the facility (weekends or holidays), the watch commander will personally review the deprivation order and sign the form indicating approval or discontinuance. This review shall be documented by the reviewing officer, who shall initial and date the order, adding any comments that are appropriate.

(c) Any determination made pursuant to this Part shall be reviewed by the facility superintendent at intervals not to exceed seven days. If a deprivation order has been in effect for seven days, the superintendent and incarcerated individual shall receive a written notice of renewal on the seventh day and, thereafter, every seventh day that the order remains in effect.

(d) The written order and any notice of renewal thereafter must briefly state the reason(s) for the deprivation and contain the following notice to the incarcerated individual: "You may write to the deputy superintendent for security or his/her designee to make a statement on the need for continuing the deprivation order."

(e) A review conducted by the facility superintendent pursuant to this Part which may impact an incarcerated individual's health shall include consultation with qualified facility health staff who shall record, in writing, any determination that continuing the deprivation would not risk significantly compromising the health of the incarcerated individual. Following each such review, the facility superintendent shall document, in writing, whether such determination shall continue or cease, and state the specific facts and reasons underlying the continuance or termination.

(f) Any deprivation order depriving an incarcerated individual of minimum standard items (e.g., bedding, clothing, etc.) for "mental health" or "psychiatric" reasons must be approved by an appropriate clinical professional or, in their absence, by the ranking facility health service professional.

(g) If there is an order depriving an incarcerated individual of in-cell water, the incarcerated individual's cell water shall be turned on for at least 10 minutes, five times per day, as follows: approximately 30 minutes prior to the service of each meal, once at the beginning of tour I (nights), and once during tour III (evenings) in accordance with a schedule established by the superintendent. Staff shall notify the incarcerated individual prior to turning on the water and record the times that the water is turned on and off in the unit activity log.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 305.2

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020