N.Y. Comp. Codes R. & Regs. Tit. 7§ 1.5 - Definitions
When used in this Title, other than Chapter XXX, unless otherwise expressly stated or the context or subject matter otherwise requires, the following terms have the following meanings:
(a) Department means the State Department of
Corrections and Community Supervision.
(b) Commissioner means the State Commissioner
of Corrections and Community Supervision.
(c) Chairperson means the chairperson of the
board of parole.
(d) Board means
the board of parole.
(e)
Superintendent means the chief administrative officer of a correctional
facility.
(f) Correctional facility
means any place operated by the department and designated by the commissioner
as a place for the confinement of persons under sentence of
imprisonment.
(g) Institution means
a correctional facility and any other place operated by the department as a
place for the confinement of persons.
(h) Reception center means a correctional
facility for reception, classification and program-planning for purposes of
confinement, treatment and transfer.
(i) Detention center means a correctional
facility for the temporary detention of persons taken into custody upon
violation of parole or upon violation of a condition of release, or of persons
being transferred from other correctional facilities, or of persons who are
assigned to other correctional facilities for confinement but whose presence is
required in court or for some other purpose at a location that is distant from
the institution of confinement.
(j)
Diagnostic and treatment center means a correctional facility operated for the
purpose of providing intensive physical, mental and sociological diagnostic and
treatment services including pre-parole diagnostic evaluation, where requested
by the board of parole, and scientific study of the social and mental aspects
of the causes of crime.
(k) General
confinement facility means a correctional facility for confinement and
treatment of persons under institutional programs oriented to education,
vocational training and industry.
(l) Correctional camp means a correctional
facility consisting of a camp maintained for the purpose of including
conservation work in the program of inmates.
(m) Residential treatment facility means a
correctional facility consisting of a community-based residence in or near a
community where employment, educational and training opportunities are readily
available for persons who are on parole or conditional release and for persons
who are or who will soon be eligible for release on parole who intend to reside
in or near that community when released.
(n) Work release facility means a facility
designated by the commissioner as an institution that may conduct a work
release program.
(o) Alcohol and
substance abuse treatment correctional annex means a medium security
correctional facility consisting of one or more residential dormitories which
provide intensive alcohol and substance abuse treatment services to inmates
otherwise eligible for temporary release.
(p) Alcohol and substance abuse treatment
facility means a correctional facility designed to house medium security
inmates and operated for the purpose of providing intensive alcohol and
substance abuse treatment services.
(q) Hub means a regional cluster of
facilities that share administrative, support, and program services. The hub
consists of a "core facility" and "satellite facilities".
(r) Shock incarceration facility means a
correctional facility designated by the commissioner as an institution which
may conduct the shock incarceration program for selected inmates.
(s) Supervising superintendent means the
chief administrative officer of a hub.
(t) Drug treatment campus means a facility
operated by the department to provide a program of intensive drug treatment
services to individuals sentenced to parole supervision sentences pursuant to
section 410.91 of the Criminal Procedure Law or
for certain parole violators.
(u)
Special populations means any person:
(1) who is pregnant, or in the first eight
weeks of post-partum recovery period regardless of how the pregnancy ended, or
caring for a child in a correctional institution pursuant to subdivision two or
three of section six hundred eleven of the Correction Law;
(2) who suffers from a disability as defined
in paragraph (a) of subdivision twenty-one of section two hundred ninety-two of
the Executive Law;
(3) twenty-one
years of age or younger; or
(4)
fifty-five years of age or older.
(v) Segregated confinement means the
confinement of an incarcerated individual in any form of cell confinement for
more than seventeen hours a day other than a facility wide emergency or for the
purpose of providing medical or mental health treatment.
(w) Administrative segregation means the
involuntary removal of an incarcerated individual from general confinement
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. While in such status, an incarcerated individual
will not be cell confined for more than seventeen hours a day other than a
facility wide emergency or the purpose of providing medical or mental health
treatment.
(x) Repealed
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.