New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VI - Special Housing Units
Part 301 - Special Housing Unit Admissions
Section 301.4 - Administrative segregation admissions
Current through Register Vol. 46, No. 12, March 20, 2024
(a) This section applies to the involuntary removal of an incarcerated individual from general confinement and placement in a special housing unit or residential rehabilitation unit based upon a determination that the individual's continued presence in general population would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, or the facility, or would present an unreasonable risk of escape. Such determination shall be made by the facility superintendent, the deputy commissioner for correctional facilities or their designee.
(b) Within seven days after the initial determination and placement within administrative segregation housing, a hearing shall be conducted pursuant to Part 254 of this Title to consider the specific reasons for administrative segregation, leading to a final determination either to retain or release the incarcerated individual from administrative segregation. An initial written determination of the findings shall be reviewed by the deputy commissioner for correctional facilities or their designee who shall issue a final written determination to the incarcerated individual within seven days of receipt of the initial determination.
(c) An incarcerated individual in administrative segregation status shall have such status reviewed every seven days for the first two months and at least every 30 days thereafter to determine whether such individual's release to general population would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, or the facility, or present an unreasonable risk of escape. The review shall be performed in accordance with the following procedure:
"A determination has been made to continue your administrative segregation status for the reason(s) stated in this notice. Prior to your next review, you may write to the deputy commissioner for correctional facilities or designee to make a statement regarding the need for continued administrative segregation. The reason(s) stated in this notice, any written statement that you submit, as well as your overall custodial adjustment will be considered during the next scheduled review."
(d) At any time, an incarcerated individual may be evaluated and recommended for return to general population at the current facility or transferred to another facility where it is determined the incarcerated individual may be programmed into general population. Nothing in this subdivision shall be construed to terminate the administrative segregation status of an incarcerated individual upon the individual's transfer to another facility, absent written authorization from the deputy commissioner for correctional facilities or their designee.
(e) Incarcerated individuals in administrative segregation shall maintain normal property and privileges unless the specific item or privilege would cause a threat to the safety and security of the incarcerated individual, other incarcerated individuals, staff, or the facility.
(f) Incarcerated individuals in administrative segregation shall either be released from segregated confinement or diverted to a residential rehabilitation unit, or a step-down unit no later than the time limitations set forth in section 301.1 of this Title.
(g) Incarcerated individuals in special populations as defined in section 1.5 of this Title shall not be placed in administrative segregation for any length of time.
(h) Incarcerated individuals in administrative segregation will not be cell-confined more than seventeen hours per day, other than for a facility wide emergency or the purpose of providing medical or mental health treatment.