Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENTSubtitle AA - STATE COMMISSION OF CORRECTIONChapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIESSubchapter A - MINIMUM STANDARDS AND REGULATIONS
Part 7075 - CONFINEMENT AND DEPRIVATION
Section 7075.2 - Definitions

N.Y. Comp. Codes R. & Regs. tit. 9 § 7075.2

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Current through Register Vol. 46, No. 51, December 18, 2024
Section 7075.2 - Definitions

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

(a)Chief Administrative Officer shall mean the highest-ranking facility official present during the time period in which a determination must be rendered.
(b)Facility shall mean a county jail or penitentiary, or a local correctional facility under the jurisdiction of the New York City Department of Correction.
(c)Essential service shall mean any right, service, item or article guaranteed an incarcerated individual by the provisions of this Chapter.
(d)Individual occupancy housing unit, multiple occupancy housing unit, medical housing unit, dayroom space and sleeping area shall each have the same meaning as provided in Part 7040 of this Title.
(e)Segregation shall mean the involuntary confinement of an incarcerated individual to an individual occupancy housing unit, or to the sleeping area of a multiple occupancy housing unit, for any duration. Segregation shall not include such confinement during established sleep hours, confinement for purposes of medical or mental health treatment, confinement to a housing unit designated for classification purposes, confinement for the purpose of providing constant supervision, routine confinement necessary for a change of shift, conducting an incarcerated population count, or the provision of routine services, or temporary confinement necessary to quell a disturbance or incident.
(f)Segregated individual shall mean any incarcerated individual subject to segregation.
(g)Segregated confinement shall mean the confinement of an incarcerated individual to an individual occupancy housing unit, in any form, for more than seventeen (17) hours a day, other than in a facility-wide emergency or for the purpose of providing medical or mental health treatment.
(h)Administrative segregation shall mean any segregation, as defined in subdivision (e) of this section, that does not constitute a disciplinary sanction, imposed pursuant to section 7006.9 of this Title, or segregation pending a disciplinary hearing, ordered pursuant to section 7006.7 of this Title.
(i)Administratively segregated incarcerated individual shall mean any incarcerated individual subject to administrative segregation.
(j)Special housing shall have the same meaning as defined in section 7013.2(h) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7075.2

Adopted 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