N.Y. Comp. Codes R. & Regs. tit. 9, § 7040.7 – Formulating maximum facility capacity.

(a) Consistent with the requirements of this Part, the commission shall formulate in writing the maximum facility capacity of each correctional facility.
(b) In formulating the maximum facility capacity of a facility, the commission shall determine the maximum number of incarcerated individuals that can be housed in each individual and multiple occupancy housing unit pursuant to the requirements of this Part. Such determination shall be based on the following:
1. (1) the number of properly equipped individual occupancy housing units, including the number of properly equipped individual occupancy housing units in housing areas designated for admissions/orientation, medical and mental health observation, and special housing;
2. (2) the number of properly equipped multiple occupancy housing units, including the number of properly equipped multiple occupancy housing units in housing areas designated for admissions/orientation, medical and mental health observation, and special housing; and
3. (3) the facility's ability to provide required programs and services and to comply with other rules and regulations of this Title which are related to facility capacity.
(c) Upon determination of the maximum facility capacity of each correctional facility, the commission shall forward a written copy of such determination to the chief administrative officer of such facility.
(d) Within 60 days after receipt of such determination, the chief administrative officer of such facility may appeal for a revision to the maximum facility capacity formulation.
(e) Any such appeal shall be made in writing and include the specific facts, reasons, or special circumstances underlying the appeal.
(f) The commission shall respond to such appeal within 60 days after its receipt and shall either sustain or amend its original formulation.
(g) The commission's determination shall be made in writing and shall state the specific facts and reasons underlying its decision. A copy of such determination shall be forwarded to the chief administrative officer.