N.Y. Comp. Codes R. & Regs. tit. 9 § 7040.5

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

Section 7040.5 - Multiple occupancy housing units

(a) Each multiple occupancy housing unit shall provide a minimum of 50 square feet of floor space per inmate in the sleeping area, except as otherwise provided in section 7040.6(b) of this Part.

(b) Each multiple occupancy housing unit shall house no more than 60 inmates.

(c) Each multiple occupancy housing unit shall have a bed and mattress for each inmate and have available:

(1) at least one functioning toilet for every 12 inmates;

(2) at least one functioning shower for every 15 inmates; and

(3) at least one functioning sink for every 12 inmates.

(d) Each multiple occupancy housing unit shall provide dayroom space immediately adjacent and accessible to the sleeping area.

(e) Despite the requirement of subdivision (c) of this section that each multiple occupancy housing unit contain one functioning toilet and sink for every 12 inmates, 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.

(f) Any determination made pursuant to subdivision (e) 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 § 7040.5

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