N.Y. Comp. Codes R. & Regs. tit. 9, § 7621.10 – Formulating maximum facility capacity.

(a) Consistent with the requirements of this Part, the department shall formulate a proposed maximum facility capacity in writing for each correctional facility in a form and manner prescribed by the commission.
(b) Such proposed capacity shall be approved in writing by the commissioner or his designee.
(c) In formulating the proposed maximum facility capacity for each facility, the department shall determine the maximum number of inmates that can be housed in individual, double, and multiple occupancy housing units 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 admissions, medical and mental health and any other special housing units;
2. (2) the number of properly equipped double occupancy housing units;
3. (3) the number of properly equipped multiple occupancy housing units, including the number of properly equipped admissions, medical and mental health and any other special housing units; and
4. (4) the facility's ability to provide required programs and services and to comply with other rules and regulations of this Chapter which are related to facility capacity.
(d) Upon receipt of a proposed maximum facility capacity from the department, the commission shall review such proposed capacity and may either approve or modify it.
(e) Upon completion of such review, the commission shall issue a certified maximum facility capacity for such facility to the commissioner.
(f) Within 60 days after receipt of the certified maximum facility capacity, the commissioner may, if the commission has modified the department's proposal, appeal for a revision to the certified capacity.
(g) Any such appeal shall be made in writing and include the specific facts, reasons or special circumstances underlying the request.
(h) The commission shall respond to such appeal within 60 days after its receipt and shall either sustain or amend its original certified capacity.
(i) The commission's determination shall be made in writing, state the specific facts and reasons underlying its decision and shall be forwarded to the commissioner.