N.Y. Comp. Codes R. & Regs. tit. 9 § 7013.2

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

Section 7013.2 - Definitions

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Classification shall mean the process of assigning inmates to appropriate housing by determining security and supervision requirements and inmate special needs based on screening and risk assessment and pursuant to New York State Correction Law.

(b)Formal and objective system shall mean a procedure for determining an inmate's appropriate housing assignment which utilizes a point scale, decision tree or other method capable of quantifiable analysis or computation.

(c)Initial screening shall mean a risk assessment and preliminary determination of an inmate's special needs and security and supervision requirements upon his admission to the facility.

(d)Primary housing assignment shall mean the housing assignment of an inmate which is made after the initial screening and classification process.

(e)Inmate records shall have the same meaning as set forth in section 7033.2 of this Title.

(f)Inmate medical and psychiatric records shall have the same meaning as set forth in section 7033.2 of this Title.

(g)Classification review shall mean any classification status assessment made subsequent to an inmate's primary housing assignment.

(h)Special housing shall mean any incarcerated individual housing area, or subdivision thereof, used principally for punitive or other administrative segregation.

(i)Staffing substantial noncompliance shall mean a condition whereby the actual daily staffing pattern, averaged weekly for at least a four-week period, is below the number of staff necessary to perform the required functions and tasks on a 24-hour basis, exclusive of the full coverage factor, as determined by the commission pursuant to section 7041.2 of this Title.

(j)Security substantial noncompliance shall mean a violation of any of the following requirements:

(1) section 7003.3(a)-(e) and (h)-(i) of this Title, supervision of prisoners in facility housing areas;

(2) section 7003.6(a) of this Title, requirements of facility staff members prior to assuming responsibilities in an assigned facility area; and

(3) section 7041.2(a)(1) of this Title, supervisory staff levels.

(k)Capacity substantial noncompliance shall mean a condition whereby the average daily in-house inmate count, averaged quarterly, exceeds the maximum facility capacity as established by the commission or judicial order.

(l)Emergency overcrowding shall mean an unforeseen condition which causes a facility to exceed its maximum facility capacity as established by the commission after the facility has:

(1) implemented measures of inmate classification pursuant to section 7013.4(c) of this Part; and

(2) made a reasonable attempt to find and utilize substitute jail housing pursuant to Part 7210 of this Title and section 504 of the Correction Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7013.2

Amended New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021