N.Y. Comp. Codes R. & Regs. tit. 9 § 7077.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7077.6 - Duration of stay

(a) Any sanction imposed on an incarcerated individual requiring segregated confinement shall run while the individual is in a residential rehabilitation unit and the individual shall be discharged from the unit before or at the time such sanction expires. If the individual's rehabilitation plan is successfully completed before the sanction expires, the individual shall have a right to be discharged from the unit upon such completion.

(b) If an incarcerated individual has not been discharged from a residential rehabilitation unit within one year of initial admission to such a unit, the individual shall have a right to be discharged from the unit unless the individual committed a violent felony act within the prior one hundred eighty (180) days and the individual poses a significant and unreasonable risk to the safety or security of incarcerated persons or staff. In any such case the decision not to discharge such individual shall be immediately and automatically subjected to an independent review by the chief administrative officer. An incarcerated individual may remain in a residential rehabilitation unit beyond the time limits provided in this section if approved by the chief administrative officer. In extraordinary circumstances, a person who has not committed a violent felony act within the prior one hundred eighty (180) days may remain in a residential rehabilitation unit beyond the time limits provided in this section if the chief administrative officer determines that such individual poses an extraordinary and unacceptable risk of imminent harm to the safety or security of incarcerated persons or staff.

(c) There shall be a meaningful periodic review of the status of each incarcerated individual in a residential rehabilitation unit at least every sixty (60) days to assess the individual's progress and determine if the individual should be discharged from the unit. Following such periodic review, if the individual is not discharged from the unit, program and mental health staff shall specify in writing the reasons for the determination and the program, treatment, service, and/or corrective action required before discharge. The incarcerated individual shall be given access to the programs, treatment and services specified, and shall have a right to be discharged from the residential rehabilitation unit upon the successful fulfillment of such requirements.

(d) When an incarcerated individual is discharged from a residential rehabilitation unit, any remaining time to serve on any underlying disciplinary sanction shall be dismissed. If an incarcerated individual substantially completes the developed rehabilitation plan, the individual shall have any associated loss of good time restored upon discharge from the unit.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7077.6

Adpoted New York State Register August 10, 2022/Volume XLIV, Issue Issue 32, eff. 8/10/2022