N.Y. Comp. Codes R. & Regs. tit. 9 § 7013.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 7013.8 - Assignment to facility housing areas

(a) After initial screening and risk assessment is completed and prior to determining each inmate's primary housing assignment, the inmate shall be placed in a housing unit within a housing area(s) designated for classification purposes. Such housing area(s) may be utilized on a temporary or permanent basis, given the needs and physical plant limitations of each facility.

(b) Placement in such housing areas shall be temporary pending completion of the classification process, including the determination of appropriate housing, which shall be completed within five business days of each inmate's admission to the facility. The chief administrative officer may extend the time to complete the classification process for a particular inmate up to an additional 10 business days if he concludes that additional time is necessary to make a determination of appropriate housing.

(c) In arriving at a determination of each inmate's housing assignment, the chief administrative officer shall base his/her decision on the following information, if such information is available and accessible to the chief administrative officer:

(1) criminal history;

(2) propensity for victimization;

(3) history of medical/mental illness;

(4) history of sex offenses;

(5) history of hostile relationship(s) with other inmates;

(6) prior attempts at self-injury or suicide;

(7) prior escapes and attempted escapes;

(8) attitude and behavior during present and prior incarceration(s), including any history of assaultive behavior during incarceration; and

(9) any other information which may affect the safety and welfare of the inmate or facility staff.

(d) Each facility shall utilize a formal and objective system for inmate classification in order to fulfill the requirements of subdivisions (a)-(c) of this section and section 7013.9 of this Part.

(e) In considering the information contained in subdivision (c) of this section, the chief administrative officer shall examine and verify the following:

(1) records made available to such officer from the court or the delivering jurisdiction;

(2) information obtained during an inmate's initial screening and risk assessment;

(3) records, to the extent relevant and known to the chief administrative officer and which are accessible and available to the chief administrative officer which are maintained by:

(i) the Department of Corrections and Community Supervision; or

(ii) any local correctional facility in this State, including inmate records provided to the chief administrative officer pursuant to Part 7033 of this Chapter;

(4) information obtained from mental health treatment providers pursuant to Mental Hygiene Law, section 33.13(c)(9);

(5) information contained in the detailed summaries of inmate medical and psychiatric records if disclosed by the facility medical director pursuant to section 7013.10 of this Part and sections 7064.7, 7064.8 and 7064.9 of this Chapter; and

(6) any other relevant information concerning an inmate's condition brought to the attention of the chief administrative officer or any other facility staff member by any person.

(f) Within one business day after each classification determination is made, facility staff shall notify the inmate in writing of the determination and explain its implications.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7013.8