N.Y. Comp. Codes R. & Regs. tit. 9, § 7621.6 – Double occupancy housing units originally designated for individual occupancy.

(a) A double occupancy housing unit originally designated for individual occupancy is a housing unit with an individually controlled locking device secured from inmate access that was originally designated for individual occupancy and which is equipped to accommodate two inmates. Each double occupancy housing unit originally designated for individual occupancy shall provide a minimum of 23 square feet of floor space per inmate.
(b) Each double occupancy housing unit originally designated for individual occupancy shall house no more than two inmates.
(c) Each double occupancy housing unit originally designated for individual occupancy shall contain the following:
1. (1) one functioning toilet;
2. (2) one functioning sink;
3. (3) one bed and mattress for each inmate; and
4. (4) one safe storage area for each inmate.
(d) At least one functioning shower shall be available for each tier or section in which double occupancy housing units originally designated for individual occupancy are located.
(e) In determining which inmates will be assigned to double occupancy housing units originally designated for individual occupancy, the department shall first consider those inmates newly transferred into the facility where such units have been established.
(f) Each inmate shall undergo a screening and risk assessment, including a review of medical records, prior to being assigned to a double occupancy housing unit originally designated for individual occupancy. Only those inmates determined by the department to be suitable shall be assigned to double occupancy housing units originally designated for individual occupancy. The department shall adopt regulations setting forth the standards for determining an inmate's suitability for assignment to a double occupancy housing unit originally designated for individual occupancy. Such standards shall include, but not be limited to, the following factors:
1. (1) the physical characteristics of the inmate;
2. (2) the age of the inmate;
3. (3) the mental state of the inmate;
4. (4) the health of the inmate;
5. (5) the inmate's disciplinary and behavioral record; and
6. (6) the inmate's criminal history and the nature of the offense(s) for which the inmate is currently incarcerated.
(g) An inmate designated as OMH level I shall not be assigned to a double occupancy housing unit originally designated for individual occupancy.
(h) If an inmate is determined to be suitable for assignment to a double occupancy housing unit originally designated for individual occupancy, such inmate shall receive a physical assessment by facility health care staff prior to or within 48 hours of actual placement in a double occupancy housing unit.
(i) Only those inmates determined by the department to be compatible shall be housed together in a double occupancy housing unit originally designated for individual occupancy. The department shall adopt regulations setting forth standards for selecting which inmates of those determined to be suitable are to be housed together in a double occupancy housing unit originally designated for individual occupancy. Such standards shall include, but not be limited to, the following factors:
1. (1) whether two inmates have requested to be housed together;
2. (2) the ethnic and religious backgrounds of the inmates;
3. (3) the age of the inmates;
4. (4) the physical size of the inmates;
5. (5) the length of time left to be served by the inmates;
6. (6) the program or job assignment of the inmates;
7. (7) whether there is a familial relationship between the inmates;
8. (8) whether the inmates smoke; and
9. (9) known enemies of record.
(j) Inmates shall be moved on the basis of seniority from double occupancy housing units originally designated for individual occupancy to individual or multiple occupancy housing units as such units become available; subject however to the facility's needs and the program assignments of the affected inmates. No inmate shall be confined in a double occupancy housing unit originally designated for individual occupancy for a period of more than 60 days unless such inmate volunteers to remain in such unit for a longer period of time. At the expiration of the 60 days, if an inmate does not volunteer to remain in a double occupancy housing unit originally designated for individual occupancy he shall be moved to an individual or multiple occupancy housing unit at either his current facility or a new facility.
(k) No individual occupancy housing unit may be converted by the department to a double occupancy housing unit originally designated for individual occupancy without the approval of the commission. The factors the commission shall consider in determining whether to approve the conversion of an individual occupancy housing unit to a double occupancy housing unit originally designated for individual occupancy shall include, but not be limited to, the following:
1. (1) the proximity of the unit to a security station or to security staff;
2. (2) whether the unit will comply with the requirements of subdivisions (a), (b), (c) and (d) of this section; and
3. (3) the effect conversion will have on the facility's ability to provide programs and services.
(l) If the commission approves conversion of an individual occupancy housing unit to a double occupancy housing unit originally designated for individual occupancy, the department shall reformulate the affected facility's maximum facility capacity consistent with sections 7621.10 and 7621.11 of this Part.