Current through Register Vol. 44, No. 38, September 21, 2022
(a) Incarcerated
individuals admitted to a residential rehabilitation unit shall be offered the
following:
(1) at least five hours of
out-of-cell programming, activities, or recreation five days per week,
excluding holidays, and at least two hours of recreation on the remaining days,
and
(2) out-of-cell programs and
activities that promote personal development and group engagement, addressing
underlying causes of problematic behavior resulting in placement in segregated
confinement or a residential rehabilitation unit, and helping prepare for
discharge from the unit to general confinement or the community, and
(3) the opportunity to earn additional
privileges under the progressive inmate movement system.
(4) An incarcerated individual can be denied
out-of-cell activities described in this section, if the commissioner or his
designee determines that the incarcerated individual's participation in such
activities presents an imminent risk of danger to the incarcerated individual
or to others.
(b) Upon
admission to a residential rehabilitation unit, a program management team
shall:
(1) develop an individual
rehabilitation plan in consultation with the incarcerated individual based upon
his or her programming needs, identifying specific goals, program(s) to be
offered, including discharge from the unit or a recommendation to transition to
a step-down unit, and
(2) conduct
periodic reviews of the incarcerated individuals.
(c) An incarcerated individual serving a
disciplinary sanction in a residential rehabilitation unit will only be
discharged to a special housing unit under the following specific, limited
circumstances:
(1) When it is determined by
the program management team that an incarcerated individual has been
chronically failing to comply with the program objectives, the program
management team will first attempt to obtain program compliance. De-escalation,
intervention and informational reports and the withdrawal of incentives shall
be the preferred methods of responding to less serious negative behavior. All
efforts to obtain compliance will be fully documented by the program management
team. Absent compliance, a recommendation may be made for alternate program
placement or discharge to a special housing unit. The recommendation by the
program management team shall be forwarded to the superintendent for
determination. The superintendent's determination will be forwarded to central
office for review, and if necessary, transfer action. Misbehavior reports can
only be issued in circumstances where the incarcerated individual is accused of
serious offenses, the alleged behavior demonstrates a threat to safety and/or
the incarcerated individual has engaged in repeated acts of disruptive
misbehavior despite prior alternative interventions.
(2) When it is determined that an
incarcerated individual poses an immediate or continuing unacceptable threat to
the safety of staff or other incarcerated individuals or to the security of the
facility, the deputy superintendent for security will consult with the program
management team and make a recommendation. The recommendation by the deputy
superintendent for security will be forwarded to the superintendent for
determination. The superintendent's determination will in turn be forwarded to
central office for review, and if necessary, transfer action.
(d) Incarcerated individuals
placed in a residential rehabilitation unit shall be released to general
confinement no later than the expiration of the sanction imposed or upon
successful completion of a residential rehabilitation unit program, whichever
is earlier. The remainder of the incarcerated individual's sanction, if any,
will be suspended upon the incarcerated individual's release from the
residential rehabilitation unit program. If the incarcerated individual does
not engage in any sanctionable conduct during the duration of the suspended
sanction, that disciplinary sanction will expire on the earlier of the sanction
end-date or six months from the date of release to general confinement. Service
of suspended penalties may be imposed as a sanction, based on an individualized
assessment, only for serious misbehavior or for committing the same or similar
violation as that leading to the suspended sanction.
(e) An incarcerated individual assigned to
keeplock status in a residential rehabilitation unit pursuant to this section
shall:
(1) be subject to the property
limitations set forth in section
302.2(a)-(g)
of this Title;
(2) be subject to
the visiting conditions set forth in section
302.2(i)(1)
and section 255.03 of this Title, unless restricted by disciplinary or
administrative action;
(3) be
subject to the package limitations set forth in section
302.2(i)(3)
and section 255.03 of this Title;
(4) have their commissary privileges
suspended pending a determination in a disciplinary proceeding;
(5) be subject to the limitation on telephone
calls contained in section
302.2(i)(2)
of this Title;
(6) be afforded
correspondence privileges as set forth in section
302.2(h)
of this Title; and
(7) be credited
at the rate of three days for every two days served.
Adopted
New
York State Register December 16, 2020/Volume XLII, Issue 50, eff.
12/16/2020
