N.Y. Comp. Codes R. & Regs. tit. 9 § 7040.4

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

Section 7040.4 - Individual occupancy housing units

(a) Except as otherwise provided in section 7040.6(a) of this Part, each individual occupancy housing unit shall contain at least 60 square feet of floor space; however, an individual occupancy housing unit may contain less than 60 square feet of floor space if such unit was originally constructed for single occupancy prior to the effective date of this Part.

(b) Each individual occupancy housing unit shall contain:

(1) one bed and mattress;

(2) one functioning toilet; and

(3) one functioning sink.

(c) Sufficient showers shall be available to permit each inmate to shower daily, pursuant to the requirements of section 7005.2 of this Title.

(d) Each individual occupancy housing unit shall house only one inmate.

(e) Each tier or section of individual occupancy housing units constructed after the effective date of this Part shall provide dayroom space adjacent and accessible to such tier or section.

(f) Despite the requirement of subdivision (b) of this section that each individual occupancy housing unit contain one functioning toilet and sink, a toilet and sink may be deliberately rendered nonfunctioning when the chief administrative officer determines that doing so is necessary to preserve the safety, security, or good order of the facility, or the safety, security, or health of the inmate, staff or other inmates. Any such determination shall be made by the chief administrative officer in writing, shall state the specific facts and reasons underlying the determination, shall provide that dates and times the determination was in effect, and shall be maintained as part of the centralized record required by section 7075.6 of this Title. In any such instance, the toilet shall be flushed, and the inmate shall have brief access to a functioning sink, at intervals not to exceed two hours.

(g) Any determination made pursuant to subdivision (f) of this section shall be reviewed by the chief administrative officer at intervals not to exceed 24 hours. Following each such review, the chief administrative officer shall document, in writing, whether such determination shall continue or cease, and state the specific facts and reasons underlying the continuance or termination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7040.4

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