Exclusions.
40 RCNY § 6-09
in effect§ 6-09 Exclusions.
(a) The following categories of people in custody shall be excluded from restrictive housing:
(1) People with a mental disorder that qualifies as a serious mental illness;
(2) People diagnosed with an intellectual disability;
(3) Pregnant persons, persons within eight (8) weeks of pregnancy outcome, and persons caring for a child in the Department nursery program;
(b) CHA shall determine if a person in custody meets one or more of the above exclusionary criteria in 40 RCNY § 6-09(a)(1) through (3).
(c) CHA has the authority to determine if any person, after being placed in restrictive housing, should be removed to a specialized medical or mental health housing unit because the person meets a criterion in 40 RCNY § 6-09(a)(1) through (3) or because the housing is medically contraindicated.
(d) People excluded from restrictive housing at the time of an infraction due to health status pursuant to 40 RCNY § 6-09(a)(1) through (3) shall not be placed in restrictive housing for the same infraction at a later date, regardless of whether their health status has changed.
(Added City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-128969Fetched: 10/24/2026