New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VI - Special Housing Units
Part 319 - MENTAL ILLNESS
Section 319.3 - Admissions and Placement

(1) Upon placement of an incarcerated individual into segregated confinement, or a residential rehabilitation unit, or step-down unit at a level one or level two facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose. If such a screening instrument reveals that the incarcerated individual is at risk of suicide, a mental health clinician shall be consulted, and appropriate safety precautions shall be taken. Additionally, within one business day of the placement of such an incarcerated individual into segregated confinement at a level one or level two facility, the incarcerated individual shall be assessed by a mental health clinician.

(2) Upon placement of an incarcerated individual into segregated confinement, or a residential rehabilitation unit, or step-down unit at a level three or level four facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose. If such a screening instrument reveals that the incarcerated individual is at risk of suicide, a mental health clinician shall be consulted, and appropriate safety precautions shall be taken. All incarcerated individuals placed in segregated confinement or a residential rehabilitation unit, or step-down unit at a level three or level four facility shall be assessed by a mental health clinician, within seven days of such placement into segregated confinement.

(3) At the initial assessment, if the mental health clinician finds that an incarcerated individual suffers from a serious mental illness, that person shall be diverted or removed from segregated confinement, or a residential rehabilitation unit, or step-down unit and a recommendation shall be made whether exceptional circumstances, as described in clause (5) of this subparagraph, exist. In a facility with a joint case management committee, such recommendation shall be made by such committee. In a facility without a joint case management committee, the recommendation shall be made jointly by a committee consisting of the facility's highest-ranking mental health clinician, the deputy superintendent for security, and the deputy superintendent for program services, or their equivalents. Any such recommendation shall be reviewed by the joint central office review committee. The administrative process described in this clause shall be completed within seven days of the initial assessment, and if the result of such process is that the incarcerated individual should be removed from segregated confinement, or a residential rehabilitation unit, or step-down unit, such removal shall occur as soon as practicable, but in no event more than seventy-two hours from the completion of the administrative process. Except in exceptional circumstances, nothing in this section shall permit the placement of an incarcerated individual with serious mental illness into segregated confinement at any time, even for the purposes of assessment. For purposes of this clause, exceptional circumstances shall mean the occurrence of an act of serious misconduct by the incarcerated individual with serious mental illness, and, in the judgment of the superintendent, or, if unavailable, the highest ranking security individual at the facility when the serious misconduct occurred, that there exists an immediate threat to the health and well-being of the incarcerated individual, one or more other incarcerated individuals or staff, such that the incarcerated individual cannot be safely housed in any other immediately available housing unit at the facility. Upon a finding of exceptional circumstances, the incarcerated individual may be housed in segregated confinement for a period not to exceed 48 hours. As soon as possible during such temporary placement of the incarcerated individual in segregated confinement, however, an assessment shall be made by a staff member from the office of mental health, as well as by a facility health services practitioner, to ascertain the current condition of the incarcerated individual in segregated confinement. If either individual determines that such temporary placement in segregated confinement poses a significant risk of harm to the incarcerated individual, then the superintendent, or highest-ranking security official, at the facility, shall arrange for the immediate removal of such individual and transfer to a different facility where the individual can be safely housed in a setting that is not segregated confinement.

(4) If an incarcerated individual with a serious mental illness is not diverted or removed to a residential mental health treatment unit, such incarcerated individual shall be diverted to a residential rehabilitation unit or step-down unit and reassessed by a mental health clinician within 14-days of the initial assessment and at least once every 14-days thereafter. After each such additional assessment, a recommendation as to whether such incarcerated individual should be removed from a residential rehabilitation unit or step-down unit shall be made and reviewed according to the process set forth in clause (3) of this subpart.

(5) A recommendation or determination whether to remove an incarcerated individual from a residential rehabilitation unit or step-down unit shall take into account the assessing mental health clinicians' opinions as to the incarcerated individual's mental condition and treatment needs, and shall also take into account any safety and security concerns that would be posed by the incarcerated individual's removal, even if additional restrictions were placed on the incarcerated individual's access to treatment, property, services or privileges in a residential mental health treatment unit. A recommendation or determination shall direct the incarcerated individual's removal from a residential rehabilitation unit or step-down unit except in the following exceptional circumstances:

(1) The heightened level of care shall not apply when an incarcerated individual with serious mental illness does not, in the reasonable judgment of a mental health clinician, require the heightened level of care. Such determination shall be documented with a written statement of the basis of such determination and shall be reviewed by the Central New York Psychiatric Center clinical director or his or her designee. Such a determination is subject to change should the incarcerated individual's clinical status change. Such determination shall be reviewed and documented by a mental health clinician every 30-days, and in consultation with the Central New York Psychiatric Center clinical director or his or her designee not less than every 90-days.

(2) The heightened level of care shall not apply in exceptional circumstances when providing such care would create an unacceptable risk to the safety and security of incarcerated individuals or staff. Such determination shall be documented by security personnel together with the basis of such determination and shall be reviewed by the facility superintendent, in consultation with a mental health clinician, not less than every seven days for as long as the incarcerated individual remains in a residential rehabilitation unit or step-down unit. The facility shall attempt to resolve such exceptional circumstances so that the heightened level of care may be provided. If such exceptional circumstances remain unresolved for 30-days, the matter shall be referred to the joint central office review committee for review.