N.Y. Comp. Codes R. & Regs. tit. 9 § 7006.7

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

Section 7006.7 - Administrative segregation pending a disciplinary hearing

(a) An incarcerated individual who threatens the safety, security, and good order of the facility may be immediately confined in a cell or room pending a disciplinary hearing and may be retained in administrative segregation until the completion of the disciplinary process, subject to the limitations of Parts 7075, 7076 and 7077 of this Chapter, provided that:

(1) any such administration segregation shall not constitute segregated confinement unless the chief administrative officer reasonably believes, and issues a written determination that, the individual fits the specified criteria for segregated confinement set forth in subparagraph (iii) of paragraph (5) of subdivision (a) of section 7006.9 of this Part; and

(2) any incarcerated individual of a special population placed in segregated confinement pending a disciplinary hearing shall, as expeditiously as possible, but in no case longer than forty-eight (48) hours from the time of such placement, be given at least seven (7) hours a day outside his or her assigned individual occupancy unit or shall, in a facility with a maximum facility capacity exceeding five hundred (500), be transferred to a residential rehabilitation unit.

(b) Within 24 hours of such confinement, the inmate shall be provided with a written statement setting forth the reason(s) for such confinement. Upon receipt of the written statement, the inmate shall be provided with an opportunity to respond to such statement orally or in writing to the chief administrative officer.

(c) The chief administrative officer shall review the administrative confinement within 24 hours of such confinement in order to determine if continued confinement is warranted.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7006.7

Amended New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022