N.Y. Comp. Codes R. & Regs. tit. 7 § 305.3

Current through Register Vol. 46, No. 22, May 29, 2024

Section 305.3 - Use of restraints, generally

(a) Definition. For the purposes of this section, mechanically restrained means either:

(1) handcuffed in front with a waist chain; or

(2) handcuffed in back with or without a waist chain.

(b) Application of restraints. An inmate assigned to SHU will be placed in mechanical restraints as described herein prior to exiting his or her cell. If the inmate is to remain under escort, the inmate shall be handcuffed in back without a waist chain. If the inmate is not to remain under escort, the inmate shall be handcuffed in front with a waist chain. In order to accommodate the restraint procedure, the inmate will be required to place his or her hands through the feed-up port, if available, or the partially opened cell door.

(c) Temporary removal of restraints.

(1) Once outside the cell, restraints shall be removed to accommodate the following:

(i) a request of a physician or a physician's assistant (P.A.) when removal is necessary to permit medical treatment;

(ii) a request of the Parole Board at a parole hearing;

(iii) a request of a judge or magistrate; or

(iv) an order of the deputy superintendent for security services or higher ranking authority.

(2) Once outside the cell, restraints shall also be removed to accommodate the following unless otherwise specified in a restraint order pursuant to section 305.4 of this Part:

(i) a scheduled shower, when the inmate can be secured in a shower room;

(ii) a scheduled period of exercise when the inmate can be secured in an exercise area; however, an inmate at Southport Correctional Facility will remain restrained (handcuffed in front with waist chain) in the exercise area unless he is in post adjustment status; or

(iii) a visit, however, an inmate at Southport Correctional Facility or any double celled SHU facility will remain restrained (handcuffed in front with waist chain) in the visiting area unless he is in post adjustment status.

(3) If mechanical restraints have been removed, they will be reapplied prior to return to the SHU cell.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 305.3