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 330.4 - Conditions of confinement
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Out-of-cell time. No incarcerated individual may be held in segregated confinement for protective custody. Any unit used for protective custody must, at a minimum, conform to requirements governing residential rehabilitation units. Incarcerated individuals will be offered at least seven hours of daily out-of-cell congregate programming, services, treatment, recreation, activities, and/or meals, with an additional hour for recreation, a minimum of one hour out-of-cell time shall be scheduled for outdoor exercise. The additional six hours of out-of-cell time may be used for activities listed in directive(s).
(b) Exercise/recreation.
(c) Meals. Incarcerated individuals will be provided meals of the same type as the meals available to incarcerated individuals in general population, and in sufficient quantity to be nutritionally adequate.
(d) Religious programs. The facility chaplains will visit incarcerated individuals in protective status once a week to provide religious counseling.
(e) Counseling services. A representative of the guidance and counseling unit shall visit the area where incarcerated individuals who are assigned to protective custody status are housed pursuant to directive(s).
(f) Law library services. The facility law library will provide a list of legal books, journals, and papers in the facility law library that are available to incarcerated individuals in protective custody status. This list will be made available to these incarcerated individuals upon request.
(g) General library services. There shall be available to incarcerated individuals in protective custody status, general library materials in the quantity equal to at least two books and one magazine/periodical for each incarcerated individual. This reading material will be rotated every 60 days.
(h) Education. Incarcerated individuals in protective custody status will be offered the opportunity to participate in cell study program. Education counselors, teachers or other appropriate staff members may visit the protective custody incarcerated individuals as needed to provide assistance to any incarcerated individual participating in a cell study program.
(i) Commissary/packages. Except for restrictions imposed as a result of a disciplinary action, packages and commissary will be delivered to the incarcerated individuals in protective custody status. Incarcerated individuals will not go to the package room or commissary to pick up their own items.
(j) Telephone calls. Except for restrictions imposed as a result of a disciplinary action, incarcerated individuals in protective custody status will be permitted to participate in the telephone home program.
(k) Visitation/correspondence. Except for restrictions imposed as a result of a disciplinary action or restrictions imposed pursuant to appropriate departmental directives, there shall be no limitations on the visitation and correspondence for incarcerated individuals in protective custody status.
(l) Family reunion program. Incarcerated individuals in protective custody status shall be eligible to apply for participation in the family reunion program pursuant to Part 220 of this Title.
(m) Incarcerated grievance program.
(n) Laundry services. Laundry services for incarcerated individuals in protective custody status shall be provided in the same manner and with the same frequency as provided to incarcerated individuals in general population.
(o) Personal property. Incarcerated individuals will be issued their personal property when assigned to in protective custody status, subject to safety and security considerations.