N.Y. Comp. Codes R. & Regs. tit. 9, § 7076.6 – Duration of segregated confinement. | Midpage
§ 7076.6
N.Y. Comp. Codes R. & Regs. tit. 9, § 7076.6
Duration of segregated confinement.
Executive Department
(a) Incarcerated individuals of a special population shall not be placed in segregated confinement for any length of time, except as authorized by section 7006.7(a) of this Title as administrative segregation pending a disciplinary hearing.
(b) No incarcerated individual may be placed in segregated confinement for longer than necessary and no more than 15 consecutive days, nor shall any individual be placed in segregated confinement for more than 20 total days within any 60 day period except as otherwise provided in subdivision (c) of this section. At these limits, the incarcerated individual must be released from segregated confinement or, in facilities with a maximum facility capacity exceeding 500, diverted to a separate residential rehabilitation unit. If placement of such individual in segregated confinement would exceed the 20 day limit and the chief administrative officer determines that the individual committed a violent felony act, the chief administrative officer may, in a facility with a maximum facility capacity exceeding 500, place the individual in segregated confinement until admission to a residential rehabilitation unit can be effectuated. Such admission to a residential rehabilitation unit shall occur as expeditiously as possible and in no case take longer than 48 hours from the time such individual is placed in segregated confinement.
(c) For offenses determined to constitute a violent felony act, if occurring more than one time within any 60 day period, up to an additional 15 consecutive days in segregated confinement may occur for each such additional incident. If such subsequent incident takes place in a residential rehabilitation unit or general population, the incarcerated individual may be returned to segregated confinement for up to 15 consecutive days. If such subsequent incident takes place in segregated confinement and causes physical injury to another person, the incarcerated individual may receive up to an additional 15 consecutive days in segregated confinement, provided however that the individual must spend at least 15 days in a residential rehabilitation unit in between each placement of up to 15 consecutive days in segregated confinement.