7 CRR-NY 330.4NY-CRR
7 CRR-NY 330.4
7 CRR-NY 330.4
330.4 Conditions of confinement.
(a) Out-of-cell time.
Inmates will be afforded the opportunity to be out of their cells for a minimum of three hours per day between the hours of 7 a.m. and 11 p.m. A minimum of one hour out-of-cell time shall be scheduled for outdoor exercise. The additional two hours of out-of-cell time may be used for, but not limited to, the following activities (see section 330.5 of this Part for exceptions):
(1) gallery or yard recreation;
(2) meals;
(3) telephone calls;
(4) showers;
(5) visiting;
(6) gallery programs; and/or
(7) additional outdoor exercise.
(b) Exercise/recreation.
(1) Weather permitting, one hour of exercise per day will be out- of-doors, excluding the time necessary to process and escort the inmate to and from the outdoor exercise area.
(2) Gallery recreation will include opportunities for inmates to participate in passive board games, watch television, play cards, read or write outside of their cells.
(c) Meals.
(1) Inmates in protective custody status will be afforded the opportunity to participate in two meals per day outside of their cells. (See section 330.5 of this Part for exceptions.)
(2) Inmates will be provided meals of the same type as the meals available to inmates in general population, and in sufficient quantity to be nutritionally adequate.
(d) Religious programs.
The facility chaplains will visit inmates in protective status once a week to provide religious counseling.
(e) Law library services.
The facility law library will provide a list of legal books, journals and papers in the facility law library that are available to inmates in protective custody status. This list will be made available to these inmates upon request.
(1) An inmate may obtain legal materials from the law library by submitting a written request subject to the following conditions:
(i) a maximum of two items may be ordered at one time;
(ii) the law library will deliver the requested items, if available, within 24 hours of receiving the request; and
(iii) inmates may retain said legal material for a period of not less than 16 hours nor more than 24 hours at a time.
(2) Inmates may receive the legal services (i.e., legal research, photocopying, typing) normally available to the general population (see directive 4483, Law libraries and inmate legal assistance).
(3) Notwithstanding the requirements of paragraph (2) of this subdivision, no inmate advisers or inmate law clerks will be permitted to visit inmates in protective custody status.
(4) All communications between inmates in protective custody status and the law library will be monitored by facility staff.
(5) All inmate legal materials going to or coming from the law library will be subject to search.
(6) Whenever a law library service item is deemed to be improper or inappropriate, it shall be referred to the area supervisor for a determination as soon as possible. The staff member doing this shall notify the inmate and record the action in the appropriate log.
(7) Inmates may be deprived of law library services by issuance of deprivation order after consultation with counsel's office.
(8) Notary services will be available two times per week.
(f) General library services.
There shall be available, to inmates in protective custody status, general library materials in the quantity equal to at least two books and one magazine/periodical for each inmate. This reading material will be rotated every 60 days.
(1) Inmates may request and maintain these general library books, magazines or newspapers in their cells for a period of at least one week.
(2) Inmates assigned to protective custody status may, in the discretion of the facility superintendent, be permitted access to other materials in the general facility library either through a referral system or by visiting the library at times when general population inmates do not have access to that area.
(g) Education.
Inmates in protective custody status will be offered the opportunity to participate in cell study program. Education counselors, teachers or other appropriate staff members may visit the protective custody inmates as needed to provide assistance to any inmate participating in a cell study program.
(h) Commissary/packages.
Except for restrictions imposed as a result of a disciplinary action, packages and commissary will be delivered to the inmates in protective custody status. Inmates will not go to the package room or commissary to pick up their own items.
(i) Telephone calls.
Except for restrictions imposed as a result of a disciplinary action, inmates in protective custody status will be permitted to participate in the telephone home program.
(j) Visitation/correspondence.
Except for restrictions imposed as a result of a disciplinary action or restrictions imposed pursuant to appropriate departmental directives, there shall be no limitations on the visitation and correspondence for inmates in protective custody status.
(k) Family reunion program.
Inmates in protective custody status shall be eligible to apply for participation in the family reunion program pursuant to Part 220 of this Title.
(l) Inmate grievance program.
(1) Inmates in protective custody status shall have access to the inmate grievance program in accordance with the requirements of Part 701 of this Title, inmate grievance program. The superintendent shall establish procedures to ensure that the grievance mechanism is available to inmates in protective custody status without jeopardizing institutional safety and security.
(2) Inmates in protective custody status are not required to personally appear before the grievance committee.
(m) Laundry services.
Laundry services for inmates in protective custody status shall be provided in the same manner and with the same frequency as provided to inmates in general population.
(n) Personal property.
Inmates will be issued their personal property when assigned to in protective custody status, subject to safety and security considerations.
7 CRR-NY 330.4
Current through July 15, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.