Individual Behavior Support Plans.
40 RCNY § 6-12
in effect§ 6-12 Individual Behavior Support Plans.
(a) The Department shall develop, in writing, an individual behavior support plan (IBSP) for each person in custody who is placed in restrictive housing.
(1) The plan shall be informed by an evidence-informed assessment and describe specific services and measurable, achievable goals for the person while in restrictive housing to facilitate the person's reintegration into housing in the general population.
(2) The plan's goals shall be tailored to the person's age, literacy, education level, and capacity to complete programming.
(3) The plan shall be current, reflecting behavior close-in-time to the periodic review required under 40 RCNY § 6-14.
(4) The plan shall include:
(i) A detailed assessment of what led the person to engage in the violent or disruptive behavior;
(ii) Whether the person will be receiving mental health services;
(iii) What programming and/or services shall be provided to address the reasons for the person's violent or disruptive behavior;
(iv) Whether the Department will arrange for special staffing to manage the person's behavior; and
(v) Whether the Department will involve family members, criminal defense counsel, and community resources to assist the person in meeting the goals of the person's IBSP.
(b) Within seventy-two (72) hours of a person's placement in restrictive housing, a case manager must review the IBSP with the person. At every periodic review, as required in 40 RCNY § 6-14, in the Department must review and update the person's IBSP and afford the person an opportunity to participate in the review.
(c) The Department must record in writing the date of initial and subsequent periodic reviews with a person in custody. It must also document in writing all changes to the person's IBSP.
(d) If a person in custody commits and is found guilty of a Grade I infraction while in restrictive housing:
(1) The Department shall review the person's IBSP and update the plan to include the strategies the Department shall employ to prevent the person from engaging in further violent or disruptive behavior. The Department shall conduct this review and update the plan accordingly within two business days of the person's being found guilty of a Grade I infraction while in restrictive housing.
(2) The Department shall submit the person's updated IBSP to the Chief of Department for the Chief's approval The Chief of Department shall approve or disapprove within one business day of receipt of the plan.
(3) Any IBSP that has been updated with the Chief of Department's approval shall be transmitted to CHS, the Board, and the affected person within one business day of its approval by the Chief of Department.
(4) After an IBSP has been updated with the Chief of Department's approval, the person's case manager shall meet with the person at least five days a week to review the person's progress toward meeting the goals of the person's updated IBSP and further update the plan if necessary. Within twenty-four (24) hours of being updated, the Department must share the IBSP with the affected person.
(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/0-0-0-128966Fetched: 10/24/2026