N.Y. Comp. Codes R. & Regs. tit. 9 § 7006.9

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

Section 7006.9 - Disciplinary sanctions

(a) If the charges against the inmate are affirmed as a result of the hearing, one or more of the following sanctions may be imposed based upon the inmate's past record and the severity of the offense:

(1) counsel or reprimand;

(2) loss of one or more specified privileges for a period consistent with the facility rules of inmate conduct for the particular offense(s);

(3) restitution for the loss or damage of property made from existing or future funds in the inmate's account;

(4) restitution, not to exceed $100, for facility expenditures related to the medical treatment of facility staff, make from existing or future funds in the inmate's account;

(5) confinement to a cell, room, or in special housing, as that term is defined in section 7013.2(h) of this Title, for a period consistent with the facility rules of conduct for the particular offense(s), subject to the provisions of Parts 7075, 7076 and 7077 of this Title, provided that:

(i) no incarcerated individual of a special population may be sanctioned to segregated confinement;

(ii) except as authorized by subparagraph (iii) of this paragraph, an incarcerated individual shall only be sanctioned to segregated confinement for up to three (3) consecutive days, and no longer than six (6) days in any thirty (30) day period;

(iii) an incarcerated individual may be sanctioned to segregated confinement beyond the limitations of subparagraph (ii) of this paragraph or, in a facility with a maximum facility capacity exceeding five hundred (500), in a residential rehabilitation unit only if the disposition contains a finding that the individual committed a violent felony act, and if the chief administrative officer determines in writing, based on specific objective criteria, the act was so heinous or destructive that placement of the individual in general population housing creates a significant risk of imminent serious physical injury to staff or other incarcerated persons, and creates an unreasonable risk to the security of the facility; and

(iv) for purposes of subparagraph (iii) of this paragraph, the violent felony act of attempting to cause a serious disturbance or to escape shall only be determined to have occurred if there is a clear finding that the incarcerated individual had the intent to cause a serious disturbance or the intent to escape and had completed significant acts in the advancement of the attempt to create a serious disturbance or escape. Evidence of withdrawal or abandonment of a plan to cause a serious disturbance or to escape shall negate a finding of intent;

(6) loss of a specified period of good behavior allowance, subject to restoration pursuant to applicable laws and regulations; and/or

(7) loss of up to one hour of weekly visitation for a period consistent with the facility rules of inmate conduct for the particular offense.

(b) The hearing officer may hold the commencement of a sanction in abeyance for a period up to 30 days in order to assess the behavioral adjustment of the inmate. At the conclusion of such period, the hearing officer shall determine whether the sanction shall commence in whole or in part or shall be suspended in whole or in part.

(c) If an inmate is found guilty of a charge of misbehavior, a disciplinary surcharge not to exceed $25 may be imposed upon the inmate in addition to the sanctions authorized pursuant to subdivision (a) of this section. All moneys collected shall be deposited in the county general fund and not specifically allocated to the facility.

(d) The chief administrative officer may, at any time, suspend a sanction of confinement imposed pursuant to paragraph (a)(5) of this section, in order to assess the behavioral adjustment of the inmate. At any time during such suspension, confinement may be reinstated at the discretion of the chief administrative officer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7006.9

Amended New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019

Amended New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022