New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth
Part 7320 - MAXIMUM FACILITY CAPACITY
Section 7320.5 - Formulating maximum facility capacity

(a) Consistent with the requirements of this Part, the Commission shall formulate a maximum facility capacity in writing for the facility.

(b) In formulating the proposed maximum facility capacity of a facility, the Commission, in consultation with OCFS, shall determine the maximum number of youth that can be housed in all individual occupancy rooms pursuant to the requirements of this Part. Such determination shall be based on the following:

(c) Upon completion of such review, the Commission shall issue the director the certified maximum facility capacity analysis for such facility.

(d) Within 60 days after receipt of the certified maximum facility capacity, the director may appeal to the Commission for a revision to the certified maximum facility capacity. In the event of such appeal, the maximum facility capacity analysis issued pursuant to subdivision (c) of this section shall remain in effect until the Commission's determination of the appeal.

(e) Any such appeal shall be made in writing and include the specific facts, reasons and special circumstances underlying the request.

(f) The Commission shall respond to such appeal within 60 days after receipt and shall, in consultation with OCFS, sustain or amend the original certified maximum facility capacity.

(g) The Commission's determination shall be made in writing, stating the specific facts and reasons underlying such decision. A copy of such determination shall be forwarded to the director.