N.Y. Comp. Codes R. & Regs. tit. 9 § 7210.5

Current through Register Vol. 46, No. 41, October 9, 2024

Section 7210.5 - Criteria

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7210.5

Renumbered from 7300.5 New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018