Public Comment: Proposed Addition of Part 1706 to Title 7 NYCRR - Heat Mitigation Plan I.D. No. CCS-50-25-00001-P

Public Comment of the Correctional Association of New York (CANY)
February 17, 2026

Dear Deputy Commissioner Golub,

The Correctional Association of New York (CANY) offers this comment in support of the proposed Heat Mitigation Plan, which marks a critical transition from discretionary internal policy to a codified statutory requirement under Correction Law § 112.

CANY is an independent, non-profit organization with a statutory mandate under New York Correction Law § 146 to monitor and report on conditions in state correctional facilities. Since February 1, 2025, CANY has conducted 21 monitoring visits, interviewed hundreds of incarcerated individuals, and published 15 reports addressing systemic issues, including the impact of extreme heat conditions on facility safety and population health.

Temperature Monitoring During Extreme Heat Conditions

CANY’s monitoring visits, including visits to prisons during extreme heat events, confirm that the protocols outlined in this plan are essential for maintaining safe and humane conditions. During monitoring visits to facilities such as Gouverneur and Cayuga, CANY documented high humidity and inadequate airflow where standard fans were either absent or insufficient for cooling. In older, prisons like Fishkill and Coxsackie, monitors observed that building materials often trap heat, causing indoor temperatures to remain dangerously high even after outdoor temperatures drop.

By establishing the protocols in Section 1706.2 for indoor and outdoor temperature monitoring and review, DOCCS is addressing the reality that outdoor weather data alone is insufficient for ensuring the safety of those living and working in these environments.

Cooling Protocols

The specific operational measures outlined in Section 1706.3 represent a practical approach for preparation, barring the installation of air conditioning and cooling systems. CANY supports the requirement to verify the operational status of all ventilation and cooling equipment—including air conditioning systems (where equipped), generators, ventilation equipment, fans, showers, and ice machines—at the start of each calendar year. Furthermore, CANY encourages the department to ensure that cooling equipment is not prohibited or restricted during extreme heat events as this rule is adopted.

These measures directly address the concerns reported to CANY by incarcerated individuals at facilities where aging infrastructure and inadequate ventilation have exacerbated the impact of heatwaves. Implementing these protocols across the state’s 41 facilities is a critical step in ensuring the department is prepared for extreme heat.

Staff and Incarcerated Individuals at High Risk

CANY also wishes to highlight the importance of special attention for vulnerable populations and wellness checks mandated in Section 1706.4. CANY’s review of DOCCS data reflects an aging population within the state system, many of whom face elevated risks in extreme heat. Additionally, individuals with chronic respiratory illnesses such asthma, and those receiving mental health medications will also benefit from wellness checks. The department should further consider including those with other chronic illnesses like cardiovascular disease and diabetes in this rule to ensure their wellness in extreme heat is accounted for. By codifying increased rounds and wellness checks for these vulnerable populations, the proposed rule creates a safety net that is not subject to facility-level administrative discretion.

Facility Cooling Station Feasibility

CANY encourages DOCCS to pursue capital investments to allow for the introduction of cooling stations in high traffic areas of prisons including mess halls, yards and gyms, housing units, vocational shops and school buildings, and high-restriction settings where the lack of airflow remains a significant safety risk.

Conclusion

The proposed Heat Mitigation Plan is an essential step toward ensuring a safer and more humane environment for all individuals living in and working within the state’s correctional system. CANY encourages the immediate adoption of Part 1706 and remains committed to monitoring its implementation to ensure the goal of preventing heat-related stress, illness, and morbidity.