9 CRR-NY 7006.9NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE AA. STATE COMMISSION OF CORRECTION
CHAPTER I. MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES
SUBCHAPTER A. MINIMUM STANDARDS AND REGULATIONS
PART 7006. DISCIPLINE
9 CRR-NY 7006.9
9 CRR-NY 7006.9
7006.9 Disciplinary sanctions.
(a) If the charges against the inmate are affirmed as a result of the hearing, one or more of the following sanctions may be imposed based upon the inmate's past record and the severity of the offense:
(1) counsel or reprimand;
(2) loss of one or more specified privileges for a period consistent with the facility rules of inmate conduct for the particular offense(s);
(3) restitution for the loss or damage of property made from existing or future funds in the inmate's account;
(4) restitution, not to exceed $100, for facility expenditures related to the medical treatment of facility staff, make from existing or future funds in the inmate's account;
(5) confinement to a cell, room, or in special housing, as that term is defined in section 7013.2(h) of this Title, for a period consistent with the facility rules of inmate conduct for the particular offense(s), subject to the provisions of section 7075.4 of this Title, provided that:
(i) no incarcerated individual known by security, health or mental health personnel to be pregnant, within eight weeks of delivery or pregnancy outcome, having a mental or physical disability, or having a serious mental illness shall be confined in special housing;
(ii) an incarcerated individual shall only be sanctioned to confinement in special housing for behavior that violates rules of inmate conduct and poses an unreasonable risk to the health, safety or security of staff, incarcerated individuals, or facility security by: causing or attempting to cause injury or death to another person or making a credible threat of such injury or death; engaging in a sexual act, or compelling or attempting to compel another person to engage in a sexual act; coercing another, by force or threat of force, to violate any rule; leading, organizing, inciting, or attempting to cause a riot, insurrection, strike, or other serious disturbance that may result in physical harm to another person, significant property damage or significant interference with facility operations; procuring, possessing, brandishing or using a weapon that poses a threat to the health, safety, or security of staff, incarcerated individuals, or security of the facility; procuring, possessing, using or distributing dangerous contraband that poses a threat to the health, safety, or security of staff, incarcerated individuals, or security of the facility; escaping, attempting to escape or facilitating an escape from a facility, or absconding or attempting to abscond outside of a facility, or; engaging in conduct constituting a felony under the Penal Law; and
(iii) no incarcerated individual shall be sanctioned to confinement in special housing for longer than necessary and; effective on and after April 1, 2021, for no more than 90 days; effective on and after October 1, 2021, for no more than 60 days and; effective on and after April 1, 2022, for no more than 30 days;
(6) loss of a specified period of good behavior allowance, subject to restoration pursuant to applicable laws and regulations; and/or
(7) loss of up to one hour of weekly visitation for a period consistent with the facility rules of inmate conduct for the particular offense.
(b) The hearing officer may hold the commencement of a sanction in abeyance for a period up to 30 days in order to assess the behavioral adjustment of the inmate. At the conclusion of such period, the hearing officer shall determine whether the sanction shall commence in whole or in part or shall be suspended in whole or in part.
(c) If an inmate is found guilty of a charge of misbehavior, a disciplinary surcharge not to exceed $25 may be imposed upon the inmate in addition to the sanctions authorized pursuant to subdivision (a) of this section. All moneys collected shall be deposited in the county general fund and not specifically allocated to the facility.
(d) The chief administrative officer may, at any time, suspend a sanction of confinement imposed pursuant to paragraph (a)(5) of this section, in order to assess the behavioral adjustment of the inmate. At any time during such suspension, confinement may be reinstated at the discretion of the chief administrative officer.
9 CRR-NY 7006.9
Current through July 31, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, 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 Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.