New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VI - Special Housing Units
Part 330 - Protective Custody Status Incarcerated Individuals
Section 330.3 - Admission and transfer policy
Current through Register Vol. 45, No. 52, December 27, 2023
Consistent with the department's policy of providing appropriate programming, incarcerated individuals placed in protective custody status will be evaluated and recommended for transfer to facilities where they may be appropriately programmed in general population. This provision is not applicable, however, to incarcerated individuals at reception centers or assigned to a protective custody unit at Mid-State, Attica, Clinton, Elmira, Great Meadow, Green Haven, Hudson, Sing Sing, or Woodbourne Correctional Facilities; or assigned to the assessment and program preparation unit (APPU) at Clinton Correctional Facility.
(a) Voluntary protective custody incarcerated individual. An incarcerated individual in this status may request reassignment to general population. Such request shall be evaluated and within 14 days the incarcerated individual shall either be assigned to general population or be subject to a hearing, conducted in accordance with the provisions of Part 254 of this Title, to determine the need for assignment to involuntary protective custody status.
(b) Involuntary protective custody incarcerated individual.
Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023