N.Y. Comp. Codes R. & Regs. tit. 7 § 1.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1.5 - Definitions

When used in this Title, other than Chapter XXX, unless otherwise expressly stated or the context or subject matter otherwise requires, the following terms have the following meanings:

(a) Department means the State Department of Corrections and Community Supervision.

(b) Commissioner means the State Commissioner of Corrections and Community Supervision.

(c) Chairperson means the chairperson of the board of parole.

(d) Board means the board of parole.

(e) Superintendent means the chief administrative officer of a correctional facility.

(f) Correctional facility means any place operated by the department and designated by the commissioner as a place for the confinement of persons under sentence of imprisonment.

(g) Institution means a correctional facility and any other place operated by the department as a place for the confinement of persons.

(h) Reception center means a correctional facility for reception, classification and program-planning for purposes of confinement, treatment and transfer.

(i) Detention center means a correctional facility for the temporary detention of persons taken into custody upon violation of parole or upon violation of a condition of release, or of persons being transferred from other correctional facilities, or of persons who are assigned to other correctional facilities for confinement but whose presence is required in court or for some other purpose at a location that is distant from the institution of confinement.

(j) Diagnostic and treatment center means a correctional facility operated for the purpose of providing intensive physical, mental and sociological diagnostic and treatment services including pre-parole diagnostic evaluation, where requested by the board of parole, and scientific study of the social and mental aspects of the causes of crime.

(k) General confinement facility means a correctional facility for confinement and treatment of persons under institutional programs oriented to education, vocational training and industry.

(l) Correctional camp means a correctional facility consisting of a camp maintained for the purpose of including conservation work in the program of inmates.

(m) Residential treatment facility means a correctional facility consisting of a community-based residence in or near a community where employment, educational and training opportunities are readily available for persons who are on parole or conditional release and for persons who are or who will soon be eligible for release on parole who intend to reside in or near that community when released.

(n) Work release facility means a facility designated by the commissioner as an institution that may conduct a work release program.

(o) Alcohol and substance abuse treatment correctional annex means a medium security correctional facility consisting of one or more residential dormitories which provide intensive alcohol and substance abuse treatment services to inmates otherwise eligible for temporary release.

(p) Alcohol and substance abuse treatment facility means a correctional facility designed to house medium security inmates and operated for the purpose of providing intensive alcohol and substance abuse treatment services.

(q) Hub means a regional cluster of facilities that share administrative, support, and program services. The hub consists of a "core facility" and "satellite facilities".

(r) Shock incarceration facility means a correctional facility designated by the commissioner as an institution which may conduct the shock incarceration program for selected inmates.

(s) Supervising superintendent means the chief administrative officer of a hub.

(t) Drug treatment campus means a facility operated by the department to provide a program of intensive drug treatment services to individuals sentenced to parole supervision sentences pursuant to section 410.91 of the Criminal Procedure Law or for certain parole violators.

(u)Special populations means any person:

(1) who is pregnant, or in the first eight weeks of post-partum recovery period regardless of how the pregnancy ended, or caring for a child in a correctional institution pursuant to subdivision two or three of section six hundred eleven of the Correction Law;

(2) who suffers from a disability as defined in paragraph (a) of subdivision twenty-one of section two hundred ninety-two of the Executive Law;

(3) twenty-one years of age or younger; or

(4) fifty-five years of age or older.

(v) Segregated confinement means the confinement of an incarcerated individual in any form of cell confinement for more than seventeen hours a day other than a facility wide emergency or for the purpose of providing medical or mental health treatment.

(w) Administrative segregation means the involuntary removal of an incarcerated individual from general confinement based upon a determination that the individual's continued presence in general population would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, the facility, or would present an unreasonable risk of escape. While in such status, an incarcerated individual will not be cell confined for more than seventeen hours a day other than a facility wide emergency or the purpose of providing medical or mental health treatment.

(x) Repealed

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1.5

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020

Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023