N.Y. Comp. Codes R. & Regs. tit. 9 § 7028.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 7028.2 - Exercise periods

(a) All exercise periods shall be held in the outdoor exercise area, except during inclement weather when exercise must be held in the indoor exercise area and may, at the discretion of the chief administrative officer, also be held in the outdoor exercise area. The determination to cancel outdoor exercise due to inclement weather shall be based upon factors related to the safety, security, or good order of the facility including, but not limited to, weather conditions that impair visibility, precipitation, and accumulation of snow or ice. Such determination shall be made by the chief administrative officer in writing and shall state the specific facts and reasons underlying the determination.

(b) All inmates who have completed the classification process pursuant to sections 7013.7 and 7013.8 of this Title, except as otherwise provided in subdivision (c) of this section or section 7028.6 of this Part, shall be entitled to exercise periods which, at the discretion of the chief administrative officer, shall consist of:

(1) at least 11/2 hours during each of five days per week; or

(2) at least one hour seven days a week.

(c) For reasons of facility safety and security, inmates who have not yet completed the facility's classification process pursuant to sections 7013.7 and 7013.8 of this Title may be denied exercise. Any denial of exercise pursuant to this subdivision shall be limited to the time required to complete the facility classification process, but in no case shall such denial be for more than five days, excluding weekends and legal holidays.

(d) Incarcerated individuals who do not have access to cell corridors or day rooms because of physical plant limitations or disciplinary actions shall be entitled to an exercise period of at least one hour seven days a week.

(e) For the purposes of compliance with subdivisions (b) and (d) of this section, exercise periods shall commence when all inmates have entered the exercise area and shall conclude when all inmates are instructed to cease exercise activities.

(f) Each facility shall maintain a record of the dates and times when exercise periods are held pursuant to the requirements of this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7028.2

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