N.Y. Comp. Codes R. & Regs. Tit. 7 § 1704.6 - Showers and exercise
(a) An
inmate shall be permitted to shower at least three times a week.
(b) An inmate shall be permitted to exercise
outside of his or her cell for at least one hour daily, except as provided in
subdivisions (c) and (d) of this section. Such exercise shall be provided
out-of-doors, weather permitting, unless the size of the population or the
physical plant of the facility renders such daily exercise out-of-doors
unfeasible. If daily exercise out-of-doors is not feasible, outdoor exercise
shall be provided at least once every other day, indoor exercise shall be
provided as a substitute on those days that outdoor exercise is not available
and the Deputy Commissioner of Correctional Facilities shall be
notified.
(c) An inmate newly
arrived at a correctional facility will not be permitted out-of-cell activities
until it is reasonably concluded that he/she has no known enemies at the
facility. This restriction shall not exceed five days unless extenuating
circumstances exist and approval is granted by the Deputy Commissioner of
Correctional Facilities or his designee.
(d) An inmate who has lost recreation
privileges but who is not otherwise keeplocked or confined to his or her cell
need not be permitted the daily exercise referred to in subdivision (b) of this
section. However, an inmate who is on loss of recreation status and who has no
program shall be permitted the daily exercise referred to in subdivision (b) of
this section.
(e) This section
shall not be construed so as to prohibit emergency action by the superintendent
of the facility. If necessary for the safety and security of the facility, the
superintendent may suspend shower and exercise privileges for all inmates or
for any segment of the inmate population until the emergency has passed. In any
such case the superintendent shall immediately notify the deputy commissioner
for correctional facilities.
(f)
Whenever in the judgment of the officer in charge, there is imminent danger
that a "keeplock" inmate will do injury to himself/herself or to another, if
permitted out of the cell for a shower or exercise, the officer with the
approval of the area supervisor, may deprive the inmate of the shower or
exercise. A written report shall be prepared immediately and delivered to the
superintendent or deputy superintendent for security indicating the reason for
the deprivation. In all cases the activity will be restored as soon as it can
be deemed consistent with safety.
Notes
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No prior version found.