28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
(c) Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities will comply with the requirements of § 35.151(b). However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (i.e., cells other than those where alterations are originally planned), provided that each substitute cell-
(1) Is located within the same facility;
(2) Is integrated with other cells to the maximum extent feasible; and
(3) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and participation in other programs that the facility offers to inmates or detainees.
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