N.Y. Comp. Codes R. & Regs. tit. 7 § 330.4

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

Section 330.4 - Conditions of confinement

(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.

(1) Weather permitting, one hour of exercise per day will be out-of-doors, excluding the time necessary to process and escort the incarcerated individual to and from the outdoor exercise area.

(2) Gallery recreation will include opportunities for incarcerated individuals to participate in passive board games, watch television, play cards, read or write outside of their cells.

(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.

(1) An incarcerated individual may obtain legal materials from the law library by submitting a written request subject to the following conditions:

(i) a maximum of two items may be ordered at one time;

(ii) the law library will deliver the requested items, if available, within 24 hours of receiving the request; and

(iii) incarcerated individuals may retain said legal material for a period of not less than 16 hours nor more than 24 hours at a time.

(2) Incarcerated individuals may receive the legal services (i.e., legal research, photocopying, typing) normally available to the general population (see directive 4483, Law libraries and incarcerated individual legal assistance).

(3) Notwithstanding the requirements of paragraph (2) of this subdivision, no incarcerated advisers or incarcerated law clerks will be permitted to visit incarcerated individuals in protective custody status.

(4) All communications between incarcerated individuals in protective custody status and the law library will be monitored by facility staff.

(5) All incarcerated individual legal materials going to or coming from the law library will be subject to search.

(6) Whenever a law library service item is deemed to be improper or inappropriate, it shall be referred to the area supervisor for a determination as soon as possible. The staff member doing this shall notify the incarcerated individual and record the action in the appropriate log.

(7) Incarcerated individuals may be deprived of law library services by issuance of deprivation order after consultation with counsel's office.

(8) Notary services will be available two times per week.

(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.

(1) Incarcerated individuals may request and maintain these general library books, magazines or newspapers in their cells for a period of at least one week.

(2) Incarcerated individuals assigned to protective custody status may, in the discretion of the facility superintendent, be permitted access to other materials in the general facility library either through a referral system or by visiting the library at times when general population incarcerated individuals do not have access to that area.

(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.

(1) Incarcerated individuals in protective custody status shall have access to the incarcerated grievance program in accordance with the requirements of Part 701 of this Title, incarcerated grievance program. The superintendent shall establish procedures to ensure that the grievance mechanism is available to incarcerated individuals in protective custody status without jeopardizing institutional safety and security.

(2) Incarcerated individuals in protective custody status are not required to personally appear before the grievance committee.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 330.4

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