§ 1-17 Limitations on the Use of Punitive Segregation.
RCNY § 1-17
(a)Policy. As implemented by the Department, punitive segregation is a severe penalty that should not be used under certain circumstances in the Department's facilities. In particular, punitive segregation represents a serious threat to the physical and psychological health of adolescents, with respect to whom it should not be imposed. Moreover, punitive segregation is intended to address a particular offense committed in the course of an inmate's incarceration and should not be imposed in connection with an offense committed by the same inmate during a separate and previous incarceration.
(b)Exclusions.
(1)The following categories of inmates shall be excluded from punitive segregation: (i) inmates under the age of 18; (ii) as of January 1, 2016, inmates ages 18 through 21, provided that sufficient resources are made available to the Department for necessary staffing and implementation of necessary alternative programming; and (iii) inmates with serious mental or serious physical disabilities or conditions.
(2)Consistent with these regulations, when assignment to punitive segregation would pose a serious threat to an inmate's physical or mental health, medical staff shall have the authority to determine that the inmate shall be barred from punitive segregation placement or shall be moved from punitive segregation to a more appropriate housing unit.
(3)An inmate who is excluded from punitive segregation at the time of an infraction due to age or health status shall not be placed in punitive segregation for the same infraction at a later date, regardless of whether the inmate's age or health status has since changed.
(4)Inmates shall not be confined to punitive segregation as punishment for grade 3 offenses.
(c)Due Process.
(5)The Department has the burden of proof in all inmate disciplinary proceedings. An inmate's guilt must be shown by a preponderance of the evidence to justify punitive segregation placement.
(d)Time limitations on punitive segregation.
(i)In such instances, the Department shall not be required to release the inmate from punitive segregation after sixty (60) days have elapsed.
(ii)The Chief of Department must approve such extensions of punitive segregation placement in writing and state: (1) the reasons why placement in a less restrictive setting has been deemed inappropriate or unavailable, and (2) why retaining the inmate in punitive segregation is necessary to ensure the safety of inmates or staff.
(iii)The Department must immediately provide the Board and the relevant Correctional Health Authority with a copy of the Chief of Department's written approval.
(6)Daily mental health rounds must be provided to inmates housed in punitive segregation who have been held there longer than thirty (30) consecutive days or have served more than sixty (60) days within a six (6) month period. Such rounds must be documented in writing. Beginning August 1, 2016, the Department shall additionally offer such inmates cognitive behavioral therapy or a similar evidence-based intervention aimed at addressing the root causes of the behavior that led to the inmates' extended stays in punitive segregation. Such programming shall be developed in consultation with the relevant Correctional Health Authority.
(e)Required out-of-cell time. Inmates confined to punitive segregation as punishment for non-violent or grade 2 offenses must be permitted at least seven (7) out-of-cell hours per day.
(f)Staffing.
(g)Time in punitive segregation owed from a previous incarceration. As of the effective date of this section, no inmate shall be assigned to or held in punitive segregation for any time from a separate and previous incarceration for which such inmate was sentenced to but did not serve in punitive segregation.
(h)Reports on punitive segregation.
