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N.Y. Comp. Codes R. & Regs. tit. 7 § 251-1.6 : DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION — Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances — Procedures For Implementing Standards Of Inmate Behavior — Cases Of Inmate Misbehavior —1 - Initial Actions In Cases Of Inmate Misbehavior —1.6 - [Effective 2/24/2023] Confinement
Text
(a)
Where an officer has reasonable grounds to believe that an inmate should be confined to his cell or room or housing area because he represents an immediate threat to the safety, security or order of the facility or in immediate danger to other persons or to property, such officer shall take reasonable and appropriate steps to so confine the inmate.
(b)
An inmate also may be confined to his cell or room where such action appears reasonably necessary for protection of the inmate. In any such case, however, the inmate shall not be so confined for more than 72 hours, and within such time period the inmate shall either be:
(1)
transferred to another housing unit;
(2)
scheduled for transfer to another facility;
(3)
released from such confinement; or
(4)
placed in protective custody.
(c)
An inmate who is unable or who refuses to participate in an assigned activity may be confined to his cell or room and, if such inmate has not been excused for medical reasons, the officer having charge of the inmate shall report such incident to the superintendent in the manner provided in section
251-1.4
of this Subpart.
(d)
If the officer having charge of an inmate or if any superior officer has reasonable grounds to believe that an inmate's behavior in his cell or room is disruptive or will be disruptive of the order and discipline of the housing unit, or is inconsistent with the best interests of the inmate or of the facility, such fact shall be reported to the superintendent or the officer in charge of the facility and the superintendent or the officer in charge of the facility may order confinement in a special housing unit. Any such order shall be in accordance with Part 301 of this Title.
(e)
(1)
An employee who places an inmate in confinement in his cell or room or who places an inmate in a special housing unit pursuant to the provisions of this section shall report such fact, in writing, to the superintendent as soon as possible, but in any event before going off duty.
(2)
Reports of confinement shall be made even where confinement was authorized or directed by a superior officer, but need not be made where confinement:
(i)
is necessitated by a medically excused inability to participate in an assigned activity; or
(ii)
was directed by a decision in a disciplinary superintendent's hearing.
(f)
The provisions of this section shall not be construed so as to prohibit emergency action by the superintendent of the facility and, if necessary for the safety or security of the facility, all inmates or any segment of the inmates in a facility may, on the order of the person in charge of the facility, be confined in their cells or rooms for the duration of any period in which the safety or security of the facility is in jeopardy. In any such case the superintendent shall immediately notify the commissioner.
N.Y. Comp. Codes R. & Regs. Tit. 7 § 251-1.6
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