N.Y. Comp. Codes R. & Regs. Tit. 9 § 7075.2 - Definitions
As used in this Part, the following definitions shall apply to the terms listed below:
(a)
Chief Administrative Officer shall mean the highest-ranking
facility official present during the time period in which a determination must
be rendered.
(b)
Facility shall mean a county jail or penitentiary, or a local
correctional facility under the jurisdiction of the New York City Department of
Correction.
(c)
Essential
service shall mean any right, service, item or article guaranteed an
incarcerated individual by the provisions of this Chapter.
(d)
Individual occupancy housing
unit, multiple occupancy housing unit, medical housing unit, dayroom space and
sleeping area shall each have the same meaning as provided in Part
7040 of this Title.
(e)
Segregation shall mean the involuntary confinement of an
incarcerated individual to an individual occupancy housing unit, or to the
sleeping area of a multiple occupancy housing unit, for any duration.
Segregation shall not include such confinement during established sleep hours,
confinement for purposes of medical or mental health treatment, confinement to
a housing unit designated for classification purposes, confinement for the
purpose of providing constant supervision, routine confinement necessary for a
change of shift, conducting an incarcerated population count, or the provision
of routine services, or temporary confinement necessary to quell a disturbance
or incident.
(f)
Segregated
individual shall mean any incarcerated individual subject to
segregation.
(g)
Segregated
confinement shall mean the confinement of an incarcerated individual
to an individual occupancy housing unit, in any form, for more than seventeen
(17) hours a day, other than in a facility-wide emergency or for the purpose of
providing medical or mental health treatment.
(h)
Administrative
segregation shall mean any segregation, as defined in subdivision (e)
of this section, that does not constitute a disciplinary sanction, imposed
pursuant to section
7006.9 of this Title, or
segregation pending a disciplinary hearing, ordered pursuant to section
7006.7 of this Title.
(i)
Administratively segregated
incarcerated individual shall mean any incarcerated individual subject
to administrative segregation.
(j)
Special housing shall have the same meaning as defined in
section 7013.2(h) of this
Title.
Notes
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