N.Y. Comp. Codes R. & Regs. tit. 7 § 1704.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1704.6