N.Y. Comp. Codes R. & Regs. tit. 7 § 1701.5

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

Section 1701.5 - Selection of inmates for double-cell housing

(a) Responsibility.

The deputy superintendent for security shall be responsible for the selection of inmates for double-cell housing. The deputy superintendent for security or designee shall conduct a risk assessment using t he eligibility, suitability and compatibility criteria set forth in subdivisions (b), (c) and (d) of this section.

(b) Eligible population. In determining which inmates shall be considered for assignment to double-cell housing, the facility shall first consider those inmates newly transferred into the facility; provided, however:

(1) an inmate temporarily moved to attend an outside court, a death bed/funeral visit or to receive outside medical/psychiatric treatment may not be assigned to double-cell housing upon return to the facility, unless the inmate was assigned to double-cell housing prior to such move; or

(2) a general population inmate transferred for non-disciplinary reasons may not be assigned to double-cell housing in general confinement at the receiving facility, if the inmate meets all of the following criteria:

(i) the inmate has been with the department for at least two years following initial reception/classification and transfer to a permanent facility;

(ii) the inmate has had no Tier II or III disciplinary determinations of guilt within the last two years; and

(iii) the inmate has not volunteered for double-cell housing (a transfer sought by an inmate may be conditioned upon the inmate volunteering to be housed in a double-cell at the receiving facility).

(c) Assessment of suitability.

(1) Information assessment. When determining an inmate's suitability for a double-cell assignment, the deputy superintendent for security or designee shall review the information contained in the inmate population management system and other records as deemed appropriate to determine if factors exist that would preclude such assignment.

(2) Physical status.

(i) Size. Any inmate over 6'5" or currently weighing over 299 pounds shall be precluded from a double-cell assignment.

(ii) Age. Except for volunteers, any inmate 70 years of age or over shall be precluded from a double-cell assignment.

(iii) Health. Any inmate with a communicable disease or physical disability who facility medical staff conclude should not be housed in a double-cell, based on screening, see paragraph (6) of this subdivision, shall be precluded from a double-cell assignment (e.g., confinement to a wheelchair or receiving "directly observed therapy" for treatment of Tuberculosis - so long as the inmate is on active treatment).

(3) Mental status.

(i) Level 1. Any inmate currently classified as level 1 by OMH staff shall be precluded from a double-cell assignment;

(ii) Levels 2 and 3. If an inmate is classified as level 2 or 3 by Office of Mental Health ("OMH") staff, the inmate's record must be closely scrutinized prior to assignment to a double-cell. Factors that may preclude such an assignment would be:

(a) extremely poor disciplinary adjustment;

(b) input from OMH staff specifically recommending a single-cell assignment; or

(c) any other documented behavior that, when coupled with such OMH designation, would lead the deputy superintendent for security or designee to determine that the inmate would not be an appropriate double-celling candidate.

(4) History and behavior. The following inmates shall not be approved for double-cell housing, except in accordance with paragraph (5) of this subdivision:

(i) Victim prone. Inmates currently in "voluntary protective custody" or "involuntary protective custody" status in accordance with Part 330 of this Title. In addition, any inmate with a pattern of being victimized by other inmates resulting in serious physical injury or sexual abuse;

(ii) Assaultive inmates. Inmates with a pattern of predatory assaults on other inmates by the use of contraband weapons or where the assaults resulted in serious physical injury to the victims;

(iii) Criminal histories of extreme violence. Inmates whose criminal histories involve a pattern of acts of violence resulting in serious physical injury to victims, or inmates whose crime(s) of commitment involve acts of violence resulting in serious physical injuries to multiple victims or intentional and depraved infliction of extreme physical pain resulting in serious physical injury to any one victim; or

(iv) Same gender sexual violence. Inmates found guilty at facility disciplinary hearings of engaging in same gender sexual violence while incarcerated.

(5) Since the assessment of an inmate's ineligibility for double-celling is based upon a history of demonstrated behavior in paragraph (4) of this subdivision and it is possible for the inmate to positively change such behavior, the deputy superintendent for security may exercise a limited amount of flexibility when determining double-cell assignments. For this reason, an "override factor" has been included in the screening process and may be utilized when more recent history and behavior by the inmate show a positive adjustment factor mitigating in favor of double-cell housing despite earlier events. Whenever the override factor is utilized, the deputy superintendent for security must provide the specific reason on the double-cell information sheet (see section 1701.9 of this Part).

(6) Medical screening.

(i) Medical records screening. The deputy superintendent for security or designee shall provide a list of inmates under consideration for double-cell housing to the facility health services director or designee. The facility health staff shall conduct a medical records review prior to possible double-cell assignment and advise the deputy superintendent for security or designee of the existence of a medical condition that would preclude double-cell housing or require placement in a bottom bunk bed.

(ii) Physical assessment. Either prior to or within 48 hours after an inmate's placement in a double-cell, a physical assessment will be conducted. If facility health staff determine that a change in the inmate's current housing is required, that information shall be conveyed to the deputy superintendent for security or designee and the appropriate change in housing shall be made. Section 1701.5(d) is amended to read as follows:

(iii) The form used. The facility health staff shall utilize the screening and physical assessment for placement in a double-cell form (see section 1701.9 of this Part) when both conducting the medical records screening review and physical assessment.

(d) Assessment of compatibility.

After an inmate's record has been appropriately screened an d the deputy superintendent for security or designee has determined that the inmate is a suitable candidate, an assessment of compatibility with the other inmate assigned to the cell shall be made. The following criteria shall be used in making this determination:

(1) Volunteers. Whether two inmates have requested to be housed together.

(2) Ethnic or religious background. The facility should attempt to take into account the ethnic and religious background of both candidates for the same double-cell. It is not necessary, however, that they share the same ethnic or religious background.

(3) Language. The ability of inmates to communicate with each other.

(4) Size or other physical characteristics. The physical capabilities and needs of inmates (e.g., two inmates both requiring a bottom bunk should not be housed in the same cell).

(5) Age. The respective ages of the inmates. Inmates age 60 and over must be assigned bottom bunk.

(6) Criminal history/length of sentence. Years to earliest release and nature of crimes.

(7) Program/job assignment. The inmates' program or job assignments (certain program and job assignments require inmates to house on the same location).

(8) Family relationship. Familial relationship between inmates (e.g., siblings or cousins).

(9) Known enemies. Inmates who are known enemies of record or who the department has otherwise determined should be kept apart.

(e) Double-cell information sheet.

The list of factors governing both suitability and compatibility is not exhaustive. Other factors may also be considered. The double-cell information sheet (see section 1701.9 of this Part) has been developed to properly record each step in the screening/risk assessment process. Each applicable section must be completed by the deputy superintendent for security or designee. "Health service review results" and " mental health status" sections may be completed based on verbal or written input from the appropriate areas. A copy of the completed form should be forwarded to the inmate records coordinator and the movement and control officer for each inmate approved for double-celling.

(f) Notwithstanding any other provision of this section, no inmate has a right to be housed in a double-cell or to be housed in a double-cell with a particular inmate. An inmate's request to be housed in a double-cell or to be housed in a double-cell with a particular inmate can be denied by the deputy superintendent for security or designee in the exercise of his or her sound discretion.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1701.5

Amended New York State Register October 24, 2018/Volume XL, Issue 43, eff. 10/24/2018