The term “inmates” was replaced with “incarcerated individuals” throughout the regulations updated.

Five new Parts were added to include Part 255. Miscellaneous Provisions, Part 256. Alternative Disciplinary Resolution, Part 315. Residential Rehabilitation Units, Part 316. Step Down Units, and Part 319. Mental Illness.

Amend Section 1.5 to add the following subsections and define new terms being added to the regulations: Section 1.5(u) to define what an “Adolescent Offender” is, Section 1.5(v) to define what an “Adolescent Offender Facility” is, Section 1.5(w) to define what “Special Populations” means, Section 1.5(x) to define what “Segregated Confinement” means, Section 1.5(y) to define what “Administrative Segregation” means, Section 1.5(z) to define what “Keeplock Confinement” means.

Add new subsection 250.2(a) to define how the department will eliminate, mitigate, and respond to disparities and ensure a fair and equitable distribution of benefits and burdens in placing incarcerated individuals in housing unit assignments, institutional work assignments, and programs; and the proper post release supervision of parolees to supervision level, violation processes, and early discharge/merit terminations, as well as ensuring administrative processes involving incarcerated individuals or parolees subject to discipline/grievances are conducted fairly.

Add new subsection 250.2(e) to further define what kinds of behaviors will warrant an incarcerated individual to be placed in Segregated Confinement.

Amend Section 254.1 to state that prior to presiding over a Superintendent’s Hearing, the hearing officer shall receive training on relevant topics, including implicit bias and procedural due process rights.

Add new Section 255.01 which states that incarcerated individuals serving a disciplinary sanction resulting in placement within Segregated Confinement or Keeplock Confinement shall be eligible for a reduction in sanction duration if the infraction does not involve certain disciplinary infractions and how that time will be awarded.

Add new Section 255.02 which states time frames for how incarcerated individuals placed in Residential Rehabilitation, Step-Down, or Adolescent Offender Separation Units shall be released to general confinement and how the remainder of the sanction, if any, will be suspended as long as the incarcerated individual does not engage in any sanctionable conduct during the duration of the suspended sanction.

Add new Section 255.03 which describes the Progressive Inmate Movement System (PIMS), a behavioral incentive program for incarcerated individuals assigned to Special Housing Units, Residential Rehabilitation Units, and Adolescent Offender Separation Units.

Add new Section 255.04 which describes the preferred methods of how staff will respond to individuals housed in a Special Housing, Residential Rehabilitation, Step-Down, or Adolescent Offender Separation Unit when they engage in further misbehavior, and when formal misbehavior reports should be used.

Add new Section 255.05 which states that all staff assigned to special housing, Residential Rehabilitation, Step-Down, or Adolescent Offender Separation Units shall receive specialized training in dealing with incarcerated individuals assigned to those units.

Add new Section 255.06 which states that the department shall publish monthly reports on its website of the total number of incarcerated individuals who are in Segregated Confinement; including the total number of incarcerated individuals who are in a Residential Rehabilitation Unit, the total number of incarcerated individuals in a Step-Down Unit, and the total number of incarcerated individuals in an Adolescent Offender Separation Unit on the first day of each month.

Add new Section 255.07 which states that following a Disciplinary Hearing or an Administrative Segregation proceeding, the department will seek to establish or designate a unit or housing location for the placement of an incarcerated individual, the duration of the placement, and the requirements for programming, treatment, and services which shall be governed by the applicable provision of this Title.

New Section 256.1 explains the Alternative Disciplinary Resolution (ADR) pilot program for incarcerated individuals who are awaiting a Tier II Disciplinary Hearing (Part 253) or a Tier III Superintendent’s Hearing (Part 254) for non-serious offenses. An incarcerated individual’s participation in the program shall be voluntary and he or she can reject an offer and proceed to a hearing.

Amend Section 260.4 to include that an incarcerated individual confined after being found guilty at a Superintendent’s Hearing for a Tier III offense does not automatically forfeit or disallow any good behavior allowance, and if they complete their programming there shall be a presumption that recommended loss of good time be restored, subject to committee review and in accordance with provisions and requirements set forth in this Subchapter.

In Section 270.2(B), Tier III classifications have been removed from the following infractions: 100.14, 103.20, 104.13, 105.11, 106.11, 107.20, 107.21, 108.11, 108.12, 108.14, 109.11, 109.12, 109.13, 110.21, 113.15, 113.21, 113.22, 113.27, 113.29, 113.30, 118.20, 118.21, 118.31, 121.11, 121.12, 121.14, 122.10, 180.17.

In Section 270.2(B), Section 270.2(B)(24), Self-Mutilation has been rescinded.

Section 270.2 was updated to establish disciplinary sanction guidelines which may include sanction ranges for certain charges based upon the level of seriousness of the offense.

Amend Section 270.3 to include that the facility review officer shall review the misbehavior report to consider the seriousness of the alleged violations and refer the report to the lowest appropriate disciplinary body (Tier Level) for action.

Amend Section 301.1 to state that no incarcerated individual may be placed in Segregated Confinement as a result of a Disciplinary Hearing, Administrative Segregation, Protective Custody, Keeplock, or other admissions for longer than necessary and: (i) effective on and after October 1, 2021, for no more than 90 days; (ii) effective on and after April 1, 2022, for no more than 60 days; and (iii) effective on and after October 1, 2022, for no more than 30 days. Upon reaching this limit, the incarcerated individual must be released from Segregated Confinement or diverted to a Residential Rehabilitation Unit or a Step-Down Unit.

Amend Section 301.2 to state what behavior will violate institutional rules and regulations involving conduct that poses an unreasonable risk to the health, safety or security of staff, incarcerated individuals, or security of the facility by an incarcerated individual requiring that they be placed in Segregated Confinement.

Amend Section 301.4 to update this section as it applies to the involuntary removal of an incarcerated individual from general confinement and placement in a Special Housing Unit, Residential Rehabilitation Unit, or in the case of an adolescent offender, placement in an Adolescent Offender Separation Unit based upon a determination that the individual’s continued presence in general population would pose an unreasonable and demonstrable risk to the safety and security of staff, incarcerated individuals, the facility or would present an unreasonable risk of escape.

Amend Section 301.6 to add that incarcerated individuals assigned to Keeplock status in a Special Housing Unit pursuant to this section shall either be released from Segregated Confinement or diverted to a Residential Rehabilitation Unit or a Step-Down Unit no later than the time limitations set forth in 7 NYCRR § 301.1 and that they will be credited at the rate of three days for every two days served.

Amend Section 304.1 to define provisions of essential services, which shall not be denied, restricted, or limited as a means of discipline or punishment to incarcerated individuals.

Amend Section 304.2 to define “Special Management Meal,” and explain when a Special Management Meal would be appropriate.

Amend Section 305.2 to clarify when an incarcerated individual may be denied, restricted, or limited to the provisions of an essential service.

Addition of new Part 315.1 defines a Residential Rehabilitation Units and the purpose it serves.

Addition of new Part 315.2 to state admission and programming requirements to the Residential Rehabilitation Unit.

Addition of new Part 316.1 to define a Step-Down Unit.

Addition of new Part 316.2 to state the purpose that the Step-Down Unit it serves.

Addition of new Part 316.3 to state admission requirements to the Step-Down Unit.

Addition of new Part 319.1 to state the effective date.

Addition of new Part 319.2 to state that the purpose is to help ensure that incarcerated individuals with serious mental illness who are placed in Segregated Confinement for disciplinary purposes receive timely assessments and a heightened level of mental health care and, absent exceptional circumstances, are placed in a residential mental health treatment unit.

Addition of new Part 319.3 to state the admission requirements for screening for Mental Illness and the placement of those with mental illness into Segregated Confinement.

Amend Section 321.1 to state that an incarcerated individual confined in an Adolescent Offender facility as defined in Section 1.5(v) who receives a disciplinary confinement shall serve that penalty in an Adolescent Offender Separation Unit (AOSU).

Amend Section 321.2 to change “Juvenile Separation Unit” to “Adolescent Offender Separation Unit” and state the provisions, details, and limitations of this unit.

1. Statutory Authority:

Article 6, section 112, subdivision 1 of the Correction Law provides the commissioner of corrections and community supervision with the superintendence, management and control of the correctional facilities in the department and of the incarcerated individuals confined therein, and of all matters relating to the government, discipline, policing, contracts and fiscal concerns thereof. In this regard, the commissioner is authorized to make rules and regulations for the government, housing and discipline for each correctional facility and to cause such rules and regulations to be recorded by the superintendent of each facility.

2. Legislative Objectives:

To dramatically reduce the use of solitary confinement in correctional facilities and to further help to correct inequities and end inhumane practices in our criminal justice system.

3. Needs and Benefits:

The Governor and the legislature intended to correct inequities and end inhumane practices in our criminal justice system but were not able to agree how to achieve these objectives during the legislative session. In response, the leaders of the Senate and Assembly and the Governor have jointly agreed to achieve these objectives by the means set forth in these new and amended regulations.

4. Costs:

(a) This proposed rulemaking imposes no costs on any local agency.

(b) As the proposed rulemaking does not apply to private parties, no costs are imposed on private parties.

(c) DOCCS will assume 69 million in infrastructure and associated costs provided for in the 2020 fiscal year budget and an additional estimated 35 million for personnel and non-personnel services int the out-years.

5. Local Government Mandates:

This rulemaking imposes no program, service, duty or responsibility on any county, city, town, village, school district, or other special district. It applies only to NYS DOCCS.

6. Paperwork:

This rulemaking adds a reporting requirement pursuant to § 255.06 that DOCCS will conspicuously publish monthly reports on its website of the total number of incarcerated individuals who are in a residential rehabilitation unit and in a step-down unit on the first day of each month. Also, DOCCS will publish an annual cumulative report of the total number of incarcerated individuals who were in a residential rehabilitation unit and in a step-down unit for the preceding year, which will include the average length of stay in each unit.

7. Duplication:

There is no overlap or conflict with any other legal requirements of the State or Federal government.

8. Alternatives:

There are no alternatives.

9. Federal Standards:

There are no federal standards that apply to the proposed rulemaking.

10. Compliance Schedule:

Compliance will be achieved 180-days from adoption inclusive of any dates contained in the regulations.

A regulatory flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local governments. This proposal provides consistency between Departmental internal policy and the corresponding sections of 7 NYCRR by adding to and amending the applicable sections. It also serves to clarify and expand the current policies and procedures, and improves grammar.

A Rural Area Flexibility Analysis is not being submitted with this notice since the proposed rule will have no impact upon rural areas, nor does the proposed rule impose any reporting, recordkeeping or other compliance requirements upon rural areas. This proposal provides consistency between Departmental internal policy and the corresponding sections of 7 NYCRR by adding to and amending the applicable sections. It also serves to clarify and expand the current policies and procedures and improves grammar.

A Job Impact Statement is not being submitted with this notice, for the proposed rule will have no adverse impact upon jobs or employment opportunities, conversely, the employment opportunities will increase employment opportunities, nor does the proposed rule impose any reporting, recordkeeping or other compliance requirements upon employers. This proposal provides consistency between Departmental internal policy and the corresponding sections of 7 NYCRR by adding to and amending the applicable sections. It also serves to clarify and expand the current policies and procedures, and improves grammar.