40 RCNY § 6-27 Restraints.
§ 6-27 Restraints.
(a) Nothing in this section shall prohibit:
(1) The use of restraints that are reasonable and necessary based on the totality of the circumstances to perform a lawful task, effect an arrest, overcome resistance, prevent escape, control a person in custody, or protect staff, other people in custody, and others from injury;
(2) The immediate use of restraints to prevent a person in custody from self-harm or harming others or causing serious property damage;
(3) The routine use of restraints for movement, escort, and transportation purposes when an individualized determination is made that such restraints are necessary and such use complies with this section.
(b) The Department shall not place an incarcerated person in restraints unless an individualized determination is made that restraints are necessary to prevent an imminent risk of self-injury or injury to other persons. Restraints are only to be used when necessary to prevent such an imminent risk. Restraints shall only be imposed when no lesser form of control would be effective in addressing the risks posed by unrestricted movement.
(c) The method of restraint shall be the least intrusive method necessary and reasonably available to control a person in custody’s movement based on the level and nature of the risks imposed.
(d) Restraints shall be removed as soon as possible after the risks posed by unrestricted movement are no longer present and may be used no longer than is necessary to abate imminent risk of self-injury or injury to other persons.
(e) From the Effective Date of this section, the Department shall eliminate the non-individualized use of restraints – including restraint desks – during lockout in all facility housing units. Non-individualized use means placing any person or group of people in a restraint desk or other restraint as a condition of lockout, or solely based on their transfer to a restrictive housing unit.
(f) Any continued use of restraints must be reviewed by the Department daily and discontinued once there is no longer an imminent risk of self-injury or injury to other persons. Continued use of restraints may only be authorized for seven (7) consecutive days.
(g) Restraints shall never be:
(1) Applied as punishment or retaliation;
(2) Applied to the head or neck or in a manner that may restrict blood circulation or breathing;
(3) Used to pull or lead a person in custody;
(4) Used to cause unnecessary physical pain or discomfort;
(5) Used inside of a cell unless the cell is being used to hold more than one person in custody and restraints are the only way to ensure the safety of those held in the cell.
(h) CHA shall notify the Department in writing of people in custody who have functional needs or impairments that contraindicate the imposition of one or more permitted restraints. The Department shall consider this information before such individuals are escorted in restraints, transported in restraints, or otherwise subject to restraints.
(i) A person in a wheelchair or a visually impaired person may be handcuffed only in front.
(j) People who are deaf, hearing impaired, or have impaired speech and communicate with hand gestures may only be restrained under controlled conditions, and when it is determined safe to do so, in a manner that allows for communication without jeopardizing safety.
(k) Four- and five-point restraints shall not be used other than pursuant to 40 RCNY § 2-06, governing the physical restraint of persons in custody being observed or treated for mental or emotional disorders.
(l) Restraints shall not be used on an incarcerated person under the age of 22 except in the following circumstances: (i) during transportation in and out of a facility, provided that during transportation no person shall be secured to an immovable object; and (ii) during escorted movement within a facility to and from out-of-cell activities where an individualized determination is made that restraints are necessary to prevent an immediate risk of self-injury or injury to other persons. The department is prohibited from engaging in attempts to unnecessarily prolong, delay or undermine an individual’s escorted movements.
(m) The Department shall not place an incarcerated person in restraints beyond the use of restraints described in this section, or for two consecutive days, until a hearing is held to determine if the continued use of restraints is necessary for the safety of others. Such hearing shall comply with the Due Process and Procedural Justice rules described in 40 RCNY § 6-23.
(n) The Department shall provide the Board with a semiannual public report on the Department’s use of restrictive statuses. The report shall include but not be limited to the following information for each restrictive status (i.e., Enhanced Restraint, Red ID, CMC), disaggregated by month:
(1) Number and percent of recommendations for placement in the restrictive status by age, race, ethnicity, gender, and “M” designation status of the person for which the restrictive status was recommended;
(2) Number and percent of people excluded from placement in such status due to a medical or mental health contraindication;
(3) Number of unique individuals placed in the restrictive status during the reporting period and the number of people currently classified in the restrictive status as of the last date of the reporting period;
(4) Number and percent of daily reviews conducted, in total and disaggregated by outcome of review (i.e., continued or removed);
(5) Number and percent of appeals of placement into restrictive statuses, in total and disaggregated by outcome of appeal;
(6) Any other information the Department or the Board deems relevant to the understanding the Department’s use of restrictive statuses.
(o) The Board and the Department shall jointly develop reporting templates for the public report required by 40 RCNY § 6-26(n), for approval by the Board.
(Added City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)