Department of Correction

NYC Admin. Code tit. 9, ch. 1

in effect

NYC Admin. Code § 9-101 City correctional institutions.

§ 9-101 City correctional institutions. The commissioner of correction may designate any institution or part thereof under the jurisdiction of the commissioner for the safekeeping of persons committed to the department of correction. The commissioner may also designate any institution or part thereof under his or her jurisdiction for the safekeeping of female prisoners only. Officers charged with the transportation of persons committed to the department of correction shall deliver them to the institution or part thereof as may be directed by the commissioner.

NYC Admin. Code § 9-102 Buildings for common jails.

§ 9-102 Buildings for common jails. The board of estimate by resolution may designate from time to time any building or buildings within the city to be the common jails of such city or of any of the counties therein. The building or buildings so designated shall be such common jails until changed by a like resolution of such board.

NYC Admin. Code § 9-103 Segregation of prisoners on Hart's Island. [Repealed] (Repealed L.L. 2019/210, 12/4/2019, eff. 6/1/2020)

NYC Admin. Code § 9-104 Transfer of incarcerated individuals by commissioner of correction.

§ 9-104 Transfer of incarcerated individuals by commissioner of correction. The commissioner of correction shall have power to transfer prisoners from any prison or correctional institution under his or her control to any other prison or correctional institution under the jurisdiction of the department. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-105 Commitment of witnesses in criminal proceedings.

§ 9-105 Commitment of witnesses in criminal proceedings. The commissioner of correction shall have authority concerning the care and custody of witnesses in criminal proceedings committed to the institutions under the commissioner's charge. Upon the recommendation of the district attorney, the commissioner of correction may transfer such witnesses from one institution under the commissioner's charge to another such institution.

NYC Admin. Code § 9-106 Legislative intent; narcotics treatment program.

§ 9-106 Legislative intent; narcotics treatment program. The charter empowers the council as the legislative body of the city of New York to pass laws "for the order, protection and government of persons and property; for the preservation of the public health, comfort, peace and prosperity of the city and its inhabitants." One of the major problems facing New York today, and one which involves almost every one of the above enumerated powers is the narcotics problem. There has been no abatement in the seriously burgeoning scourge of narcotic addiction in New York city despite the nineteen hundred sixty-two White House conference on narcotics and drug abuses and the nineteen hundred sixty-five Gracie Mansion conference on narcotics addiction, the enactment and administration of article nine of the mental hygiene law, and the various legislative expressions of interest and concern on federal, state and city levels. It has also been adequately demonstrated that the incarceration of an addict after an arrest and trial without a specific modality of medical and/or social therapy, even with the involvement of multi-million dollar expense and capital funding, offers no solution to the problem and even the establishment of many so-called "half-way houses" dealing with after-care and the social needs of the drug addict have failed. Sufficient studies have been made to determine that a program of treatment which blocks out the craving, narcotic hunger and euphoria associated with heroin is successful and by giving maintenance dosages of methadone hydrochloride as a complete substitute for heroin, we can start to drive down the rate of narcotics addiction in our city. Between December nineteen hundred sixty-seven and April nineteen hundred sixty-eight, the city prison at Rikers Island, was used for a demonstration project for the use of methadone hydrochloride to combat heroin addiction. This voluntary program involved twelve hard core, intractable, recidivist addicts, with multiple arrest and long conviction records and it achieved remarkable results. One of the conclusions of the final report of this demonstration project reveals that a large number of the four thousand to five thousand addict prisoners would be willing to accept methadone maintenance treatment if it were available. The applicants for interviews in the prison were so numerous that all could not be interviewed. Letters from prisoners still continue to arrive requesting treatment. Despite the demonstrated success of the program, it is being abandoned. The final report reflects the reason for not continuing and expanding the program to realistic dimensions; that reason is the unavailability of funds. This conclusion is difficult to comprehend in view of the multi-million dollar funding of other programs, which have neither revealed any new solutions nor have they demonstrated any degree of achievement. It is not anticipated that this legislation will solve the problem. Hopefully, it will reverse the ever mounting spiral of heroin addiction.

NYC Admin. Code § 9-107 Narcotics treatment program.

§ 9-107 Narcotics treatment program. a. Correctional health services, or any entity with which the department of correction or the department of health and mental hygiene contracts to provide healthcare for incarcerated individuals, shall establish a program for the treatment of substance abuse through the use of medication assisted treatment, including the administration of methadone, buprenorphine, and naltrexone. The program shall be available on a voluntary basis only to such incarcerated individuals as apply, subject to a medical evaluation, before acceptance, of their need for such treatment. b. The commissioner of correction shall ensure that any housing unit in which transgender, intersex, non-binary, or gender non-conforming individuals are housed has access to the same substance abuse treatment as other incarcerated individuals. Such treatment shall only be given voluntarily and based on the exercise of professional medical judgment of a medical provider following consultation between such medical provider and the incarcerated person. (Am. L.L. 2019/143, 7/27/2019, eff. 10/25/2019)

NYC Admin. Code § 9-108 Sick call and clinic production.

§ 9-108 Sick call and clinic production. a. Definitions. For purposes of this section, the following terms have the following meanings: Clinic production. The term "clinic production" means the department's process by which an incarcerated individual is escorted for a medical appointment. Correctional health services. The term "correctional health services" means any health care entity designated by the city of New York as the agency or agencies responsible for health services for incarcerated individuals in the care and custody of the department. When the responsibility is contractually shared with an outside provider this term shall also apply. Health care professional. The term "health care professional" means a person who meets qualifications stipulated by their profession and who possesses all credentials and licenses required by New York state law. Medical appointment. The term "medical appointment" means any patient encounter requested by correctional health services. Non-production. The term "non-production" means an instance where an incarcerated individual is not escorted for a medical appointment requested by correctional health services. Production refusal. The term "production refusal" means a refusal by an incarcerated individual to allow the department to produce such incarcerated individual to clinic for a medical appointment. Nothing in this definition, or in this section, is intended to contradict rules governing treatment set forth in chapter 3 of title 40 of the rules of the city of New York. Sick call. The term "sick call" means the department's process by which an incarcerated individual requests to be seen by a health care professional for the purpose of assessing or treating such incarcerated individual's non-emergency medical complaint. Walk-out. The term "walk-out" means an instance when an incarcerated individual leaves clinic without being seen by a health care professional for a medical appointment. b. The department shall retain all documents containing data relating to sick call and clinical production, including handwritten sign-up sheets, for at least three years from the time an incarcerated individual is released from custody of the department, and provide such documents to the board of correction upon request. c. The department shall provide all housing units with access to sick call on weekdays, excluding holidays, and subject to the exclusions set forth in chapter 3 of title 40 of the rules of the city of New York, or exclusions obtained through a variance pursuant to section 3-13 of such rules. d. Where individuals are not produced for medical appointments, department personnel shall record the facility, along with the reason for non-production, including but not limited to: "court", "visits", "production refusal", "walkout", "programming", "barbershop," "recreation," and "other". For the category, "other," department personnel shall provide a brief narrative. If the reason for non-production is a refusal or walkout, the department will also record the reason for refusal or walkout, if given. The department shall make such records legible and available to the board of correction at any time. On a monthly basis, the department shall publish an aggregate report on non-production on its website and submit such a report to correctional health services and the city council. This report shall also contain an aggregate count of reasons for production refusal or walkout, if given, and the facility. e. Where individuals are not produced to a health care professional for a medical appointment, correctional health services will provide to the department the names of such individuals and a specified time-frame of when they should be produced as deemed clinically appropriate. When individuals are not produced within the specified time-frame, correctional health services shall notify the facility's commanding officer, along with a production recommendation based on correctional health's clinical expertise. (Am. L.L. 2019/132, 7/14/2019, eff. 7/13/2020)

NYC Admin. Code § 9-109 Classification.

§ 9-109 Classification. The commissioner of correction shall so far as practicable classify all felons, misdemeanants and violators of local laws under the commissioner's charge, so that the youthful or less hardened offenders shall be segregated from the older or more hardened offenders. The commissioner of correction may set apart one or more of the penal institutions for the custody of such youthful or less hardened offenders, and he or she is empowered to transfer such offenders thereto from any penal institution of the city. The commissioner of correction is empowered to classify the transferred incarcerated individuals, so far as practicable, with regard to age, nature of offense, or other fact, and to separate or group such offenders according to such classification. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-110 Education and programming.

§ 9-110 Education and programming. The commissioner of correction may establish and maintain schools or classes for the instruction and training of the incarcerated individuals of any institution under the commissioner's charge, and shall offer to all incarcerated individuals incarcerated for more than 10 days a minimum of five hours per day of incarcerated individual programming or education, excluding weekends and holidays. Such programming or education may be provided by the department or by another provider, and need not be offered to incarcerated individuals in punitive segregation, or to incarcerated individuals who may be ineligible or unavailable for such programming or education, or where offering such programming or education would not be consistent with the safety of the incarcerated individual, staff or facility. Nothing in this section shall prohibit the department from offering such programming or education on the basis of incentive-based criteria developed by the department. For the purposes of this section, the term "incarcerated individual programming" has the same meaning as in section 9-144. (Am. L.L. 2017/170, 9/8/2017, eff. 1/8/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-111 Libraries.

§ 9-111 Libraries. a. The commissioner of correction is empowered to set aside in the city prison a sufficient space for the purposes of installing a library for the incarcerated individuals. The commissioner of correction may do likewise in any other place in which persons are held for infractions of the law pending a determination by a court. b. The commissioner of correction is authorized to accept contributions of books, pamphlets and periodicals. All such contributions shall be recorded and catalogued; an account thereof shall be kept and a report concerning the same shall be made to the commissioner of correction at least once in each calendar year. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-112 Suspension of members of the uniformed force.

§ 9-112 Suspension of members of the uniformed force. Where a member of the uniformed force shall be charged with the commission of a crime, he or she may be suspended without pay for the duration of the time that said criminal charges are pending final disposition. If the member is found not guilty of such criminal charges he or she shall be paid full back pay for the period of suspension. However, after the final disposition of said criminal charges no member of the uniformed force shall be suspended without pay for more than thirty days while awaiting disposition of departmental charges against such member. If the member is found not guilty of the departmental charges such member shall be paid full back pay for the period he or she had been suspended while awaiting disposition of the departmental charges against such member. In the event an award of back pay is made pursuant to this section, the amount of any salary or income earned by the member of the uniformed force during the period of suspension shall be deducted from the award.

NYC Admin. Code § 9-113 Resignation by members of the uniformed force of the department of correction.

§ 9-113 Resignation by members of the uniformed force of the department of correction. Absence, without leave and without an explanation, of any member of the force for five consecutive work days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of such period, cease to be a member of the force and be dismissed therefrom.

NYC Admin. Code § 9-114 Discipline of incarcerated individuals.

§ 9-114 Discipline of incarcerated individuals. a. Officers in any institution in the department of correction shall use all suitable means to defend themselves, to enforce discipline, and to secure the persons of incarcerated individuals who shall: 1. Neglect or refuse to perform the work assigned by the officer in charge of the institution. 2. Wilfully violate the rules and regulations established by the commissioner of correction. 3. Resist or disobey any lawful command. 4. Offer violence to any officer or to any other prisoner. 5. Injure or attempt to injure any such institution or the appurtenances thereof or any property therein. 6. Attempt to escape. 7. Combine with any one or more persons for any of the aforesaid purposes. b. The officers in any institution of the department of correction shall not inflict any blows upon a prisoner except in self-defense or to suppress a revolt or insurrection. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-115 Correction officers (women) in prisons for women.

§ 9-115 Correction officers (women) in prisons for women. a. Women correction officers shall have charge of and shall supervise all female prisoners and all parts of prisons occupied by such prisoners, or such parts thereof as the officer in command shall designate to be under their supervision. At least one woman correction officer shall be on duty in each prison as long as any female prisoner is detained therein. b. Women correction officers shall search all women visiting any part of such prisons, except as otherwise ordered by the commissioner. Only women correction officers shall be admitted to the corridor or cells of the female prisoners without the consent of the officer in charge of the prison.

NYC Admin. Code § 9-116 Three platoon system.

§ 9-116 Three platoon system. a. Unless expressly otherwise provided, whenever used in this section, the following terms shall mean and include: 1. Custodial officer shall mean and include any and all correction officers (male), any and all captains, any and all correction officers (female), and any and all supervising correction officers (female). For the purposes of this section each of the titles enumerated herein shall constitute a single employee classification. 2. Working cycle shall mean and include that period of time within which each custodial officer in an employee classification at an institution shall be assigned to the same number of each of the normal tours of duty. Working cycles may vary as between institutions, and may vary as to the different employee classifications in the same or different institutions, but in no case may a working cycle exceed one calendar year in duration. b. The commissioner of correction or other officer or officers having the management, control or direction of the department of correction shall divide all the custodial officers in each employee classification into three platoons at each institution. No one of such platoons nor any member thereof shall be assigned to more than one tour of duty, to consist of not more than ten consecutive hours in each consecutive twenty-four hours, excepting only that in the event of riots, prison breaks or other similar emergencies, so many of said platoons or of the members thereof as may be necessary, may be continued on duty for such hours as may be necessary. For the purpose of changing tours of duty and for the necessary time consumed therein, said platoons or members thereof shall be continued on duty until relieved. c. Tours of duty shall commence at midnight, eight o'clock ante meridian and four o'clock post meridian of each consecutive twenty-four hours. Such tours of duty shall hereinafter be designated as normal tours of duty. At the discretion of the warden or other officer or officers in charge of an institution, other tours of duty may be created. Such tours of duty shall hereinafter be designated as miscellaneous tours of duty. Within each complete working cycle at each institution, every custodial officer in the same employee classification shall be assigned to the same number of each of the normal tours of duty. For the purpose of such assignment of normal tours of duty as hereinbefore prescribed, miscellaneous tours of duty which commence at or after seven o'clock ante meridian and at or before eleven o'clock ante meridian shall be considered to be a part of that normal tour of duty which commences at eight o'clock ante meridian; miscellaneous tours of duty which commence after eleven o'clock ante meridian and before eight o'clock post meridian shall be considered to be a part of that normal tour of duty which commences at four o'clock post meridian; miscellaneous tours of duty which commence at or after eight o'clock post meridian and before seven o'clock ante meridian shall be considered to be a part of that normal tour of duty which commences at midnight. All normal tours of duty which commence at midnight or at four o'clock post meridian, and all miscellaneous tours of duty which shall be considered a part of these normal tours of duty as hereinbefore prescribed, shall be changed at least once in every calendar month. Every member of each platoon shall be entitled to at least one calendar day of rest upon the completion of every six tours of duty. This day of rest shall not be deferred longer than one calendar week after such member has become entitled thereto. None of the foregoing provisions of this section shall apply to or govern the rotation of tours of duty of custodial officers who may be detailed or assigned to an institution wherein no incarcerated individuals are detained overnight. Where in any single institution the total number of custodial officers in any single employee classification is less than four in number, none of the foregoing provisions of this section shall apply to or govern the rotation of tours of duty of members of such employee classification in said institution. None of the foregoing provisions of this section shall apply to or govern the rotation of tours of duty of custodial officers who may be detailed or assigned to what shall hereinafter be known and designated as the special duty squad at each institution, provided, however, that the number of custodial officers detailed or assigned to a special duty squad at any single institution may not exceed twenty-five per centum of the total number of custodial officers employed at the said institution; provided, however, that custodial officers detailed or assigned to special duty squads may be assigned only to that normal tour of duty commencing at eight o'clock ante meridian, or to miscellaneous tours of duty constituting a part of such normal tour of duty; and provided further, however, that throughout the department of correction the total number of custodial officers detailed or assigned to steady tours of duty, whether as members of special duty squads or otherwise, shall not exceed fifteen per centum of the total number of custodial officers employed in the department of correction. None of the foregoing provisions of this subdivision shall apply to or govern the rotation of tours of duty of custodial officers who may be detailed or assigned to steady tours of duty for reasons of management efficiency, which reasons shall presumptively include the subdivision of a facility and/or unit into smaller units of management. d. All custodial officers shall be allowed a vacation period as may be authorized in leave regulations promulgated by the mayor. During an emergency, as defined herein, the vacation period may be withheld for such length of time as may be necessary. Upon cessation of such emergency each of such custodial officers from whom a vacation or a portion of a vacation shall have been withheld during such emergency, shall receive within six months from such cessation a leave of absence with pay commensurate with the number of days of such vacation withheld. e. [Repealed.] f. All general or specific laws inconsistent with this section or with any part thereof are hereby repealed; provided, however, that this section shall in no manner affect any provisions of said law concerning furlough or leave of absence or exempting members of the department of correction from obligation to wear uniform when not on actual duty. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-117 Composition of uniformed force of department of correction; uniforms.

§ 9-117 Composition of uniformed force of department of correction; uniforms. a. The uniformed force of the department of correction shall consist of the following ranks: 1. Correction officers. 2. Captains. 3. Assistant deputy wardens. 4. Deputy wardens. 5. Wardens. b. 1. The composition of the uniformed force as established by this section shall be altered only by the creation therein of new positions or ranks the appointments to which shall be made only from a list promulgated as the result of a promotion examination. In such examination only members of the uniformed force shall be eligible to compete. 2. The duty of maintaining the custody and supervision of persons detained or confined by the department of correction shall be performed solely by members of the uniformed force and shall not be delegated, transferred or assigned in whole or in part to private persons or entities. 3. Nothing in this subdivision shall limit in any way persons who are or will be employed by or under contract with the department of correction from maintaining incidental supervision and custody of an incarcerated individual, where the primary duties and responsibilities of such persons and contractors consist of administering or providing programs and services to persons detained or confined in any of its facilities; nor shall anything in this subdivision be construed to limit or affect the existing authority of the mayor and commissioner to appoint non-uniformed persons, whose duties include overall security of the department of correction, to positions of authority. c. The uniforms to be worn by the members of the force shall be prescribed by the commissioner of correction. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-117.1 Receipt of line of duty pay.

§ 9-117.1 Receipt of line of duty pay. a. A correction officer of the department of correction shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a correction officer, as determined by the department. b. Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a correction officer by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a correction officer. c. Nothing in this section shall be construed to require payment of salary to a correction officer who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause. d. A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit. e. As used in this section the term "incapacity" shall mean the inability to perform full, limited, or restricted duty.

NYC Admin. Code § 9-118 Commissaries.

§ 9-118 Commissaries. a. The commissioner of correction may establish a commissary in any institution under the commissioner's jurisdiction for the use and benefit of the incarcerated individuals and employees thereof. All moneys received from the sales of such commissaries shall be paid over semi-monthly to the commissioner of finance without deduction. Except as otherwise provided in this subdivision, the provisions of section 12-114 of the code shall apply to every officer or employee who receives such moneys in the performance of his or her duties in any such commissary. The accounts of the commissaries shall be subject to supervision, examination and audit by the comptroller and all other powers of the comptroller in accordance with the provisions of the charter and code. b. All moneys received from the sales from such commissaries shall be kept in a separate and distinct fund to be known as the commissary fund. Such fund shall be used for: 1. The purchase of all merchandise for resale in such commissaries; 2. The purchase of supplies, materials, and equipment for such commissaries; 3. The furnishing of work or labor to be done for such commissaries; and 4. All other costs and expenses of operating such commissaries other than the salaries of officers and employees employed in such commissaries. c. Any surplus remaining in the commissary fund after deducting all items described in subdivision b hereof shall be used for the general welfare of the incarcerated individuals of the institutions under the jurisdiction of the department of correction. In the event such fund at any time exceeds one hundred thousand dollars, the excess shall be transferred to the general fund. d. All expenditures for items described in paragraph one of subdivision b of this section shall be made upon vouchers issued by the commissioner of correction and subject to audit by the comptroller. All other expenditures described in subdivision b and subdivision c of this section shall be made by the commissioner in accordance with schedules approved by the mayor or of the director of the budget acting in accordance with a delegation of power from the mayor. All supplies, materials, equipment and merchandise to be furnished and all work or labor to be done, the cost of which is payable from the commissary fund, shall be furnished or provided in accordance with the provisions of chapter one of title six of the charter and of the code. e. The salaries of the employees of such commissaries shall be fixed by the mayor. f. Any officer or employee, whose duties in connection with the commissary fund involve possession of or control over funds, shall execute a bond to the city for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the comptroller. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-119 Requisitions.

§ 9-119 Requisitions. The chief officer of any institution under the charge of the commissioner of correction shall make his or her requisitions in writing upon the commissioner for all articles such officer deems necessary to be used in such institution. Such officer shall keep an accurate account thereof.

NYC Admin. Code § 9-120 Reports of subordinate officers.

§ 9-120 Reports of subordinate officers. The chief officer of any institution under the charge of the commissioner of correction shall report once in each week to the commissioner of correction. Such report shall set forth: 1. The number of persons who have been received, discharged or transferred. 2. The number who have become sick or who have died. 3. The number remaining in the institution under the charge of such chief officer. 4. The discipline which has been maintained. 5. The quantity and kind of labor performed. 6. Such other information as the commissioner of correction requires.

NYC Admin. Code § 9-121 Records of incarcerated individuals of institutions.

§ 9-121 Records of incarcerated individuals of institutions. The commissioner of correction shall keep and preserve a proper record of all persons who shall come under the commissioner's care or custody, and of the disposition of each, with full particulars as to the name, age, sex, color, nativity and religious faith, together with a statement of the cause and length of detention. Except as otherwise provided by law, the records kept pursuant to this section shall be public and shall be open to public inspection. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-122 Labor of prisoners in other agencies; correction officers.

§ 9-122 Labor of prisoners in other agencies; correction officers. A correction officer or correction officers from the department of correction shall at all times direct and guard all incarcerated individuals of any of the institutions in the department of correction who are performing work for any other agency. (Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-123 Cultivation of land.

§ 9-123 Cultivation of land. The commissioner of correction may use for agricultural purposes all the lands under his or her jurisdiction which are capable of cultivation and which are not otherwise occupied or utilized.

NYC Admin. Code § 9-124 Manufacturing fund.

§ 9-124 Manufacturing fund. The establishment of a fund to be known as "manufacturing fund, department of correction," is authorized. The comptroller is directed to place in such fund all moneys received or realized through the sale of articles manufactured by the department of correction. The comptroller is authorized to charge against such fund any voucher received from the department of correction for the purchase of materials, supplies, equipment, repairs, replacements and royalties on manufacturing industry machines to be used in its manufacturing industries. The comptroller is further directed to transfer to the general fund of the city at the end of each calendar year any sums remaining in such manufacturing fund in excess of seventy-five thousand dollars of the unencumbered balance.

NYC Admin. Code § 9-125 Civil jail.

§ 9-125 Civil jail. a. The commissioner of correction shall have custody of civil prisoners and the prisons wherein they are confined. b. The commissioner of correction may keep in any place or places under the commissioner's jurisdiction persons lawfully committed to his or her custody without regard to the county wherein such persons may have been arrested. Any such person who is entitled to the liberties of the jail must be admitted to the jail liberties of the county wherein such person was originally arrested.

NYC Admin. Code § 9-126 Jurisdiction of commissioner of correction over civil prisoners.

§ 9-126 Jurisdiction of commissioner of correction over civil prisoners. Any part of the institutions under the jurisdiction of the commissioner of correction which shall be set aside for the accommodation of prisoners detained by civil process shall be under the control of such commissioner of correction.

NYC Admin. Code § 9-127 Housing, employment and sobriety needs.

§ 9-127 Housing, employment and sobriety needs. a. The department of correction and the department of homeless services shall develop a process for identifying individuals who repeatedly are admitted to city correctional institutions and who, in addition, either immediately before their admission to or after their release from such institutions, are housed in shelter provided by the department of homeless services. b. The department of correction shall collect, from any sentenced incarcerated individual who will serve, after sentencing, ten days or more in any city correctional institution, information relating to such incarcerated individual's housing, employment and sobriety needs. The department of correction shall, with the consent of such incarcerated individual, provide such information to any social service organization that is providing discharge planning services to such incarcerated individual under contract with the department of correction. For the purposes of this section and sections 9-128 and 9-129 of this title, "discharge planning" shall mean the creation of a plan for post-release services and assistance with access to community-based resources and government benefits designed to promote an incarcerated individual's successful reintegration into the community. (Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.

NYC Admin. Code § 9-127.1 Discharge planning.

§ 9-127.1 Discharge planning. a. As used in this section, the following terms have the following meanings: Discharge plan. The term "discharge plan" means a plan describing the manner in which an eligible incarcerated individual will be able to receive re-entry services upon release from the custody of the department to the community. A discharge plan shall, to the extent practicable, be designed to address the unique needs of each eligible incarcerated individual, including but not limited to the incarcerated individual's geographic location upon release from the custody of the department, specific social service needs if applicable, prior criminal history, and employment needs. Eligible incarcerated individual. The term "eligible incarcerated individual" means a person who served a sentence of 30 days or more in the custody of the department, and who is being released from the custody of the department to the community. Re-entry services. The term "re-entry services" means appropriate programming and support planning offered to an incarcerated individual upon release from the custody of the department to the community, as well as follow-up support offered to the incarcerated individual after his or her release. Such programming, support planning, and follow-up support shall include case management and connections to employment, and other social services that may be available to such incarcerated individual upon his or her release. b. Prior to the release of an eligible incarcerated individual from the custody of the department, a designee of the department shall to the extent practicable develop and offer to such incarcerated individual a discharge plan. Discharge plans developed pursuant to this section shall not be required when, upon release from the custody of the department, an incarcerated individual is transferred to the custody of another government agency or to the custody of a hospital or healthcare provider, or where a discharge plan is otherwise required by law. (L.L. 2017/167, 9/8/2017, eff. 6/1/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-128 Applications for government benefits.

§ 9-128 Applications for government benefits. a. The department of correction shall make applications for government benefits available to incarcerated individuals by providing such applications in areas accessible to incarcerated individuals in city correctional institutions. b. The department of correction shall provide assistance with the preparation of applications for government benefits and identification to sentenced incarcerated individuals who will serve, after sentencing, thirty days or more in any city correctional institution and who receive discharge planning services from the department of correction or any social services organization under contract with the department of correction, and, in its discretion, to any other incarcerated individual who may benefit from such assistance. c. Notwithstanding any other provision of law, any person born in the city of New York and sentenced to ninety days or more in a New York city correctional facility who will serve, after sentencing, thirty days or more in a New York city correctional facility, shall be provided by the department before or at release, or within two weeks thereafter if extenuating circumstances exist, at no cost to such person, a certified copy of his or her birth certificate to be used for any lawful purpose; provided that such person has requested a copy of his or her birth certificate from the department at least two weeks prior to release. Upon such request, the department shall request such certificate from the department of health and mental hygiene in a form and manner approved by the commissioner of the department of health and mental hygiene. The department shall inform such person of his or her ability to receive such certificate pursuant to the provisions of this subdivision within three days of his or her admission to a sentencing facility. No person shall receive more than one birth certificate without charge pursuant to this subdivision. d. Upon release, the department of correction shall provide a letter of incarceration to every person discharged from a New York city correctional facility, regardless of whether such person was held pre-trial or was subject to an order of commitment that provided that such incarcerated individual remain in the custody of the department. Such letter shall specify both the date the person entered and the date such person was released from the custody of the department. (Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2024/036, 1/20/2024, eff. 5/19/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.

NYC Admin. Code § 9-129 Reporting.

§ 9-129 Reporting. The commissioner of correction shall submit a report to the mayor and the council by October first of each year regarding implementation of sections 9-127 and 9-128 of this title and other discharge planning efforts, and, beginning October first, two thousand eight and annually thereafter, regarding recidivism among incarcerated individuals receiving discharge planning services from the department of correction or any social services organization under contract with the department of correction. (Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.

NYC Admin. Code § 9-130 Jail data reporting.

§ 9-130 Jail data reporting. a. Definitions. For purposes of this section, the following terms have the following meanings: Adolescent. The term "adolescent" means an incarcerated individual 16 or 17 years of age. Adult. The term "adult" means an incarcerated individual 22 years of age or older. Assault. The term "assault" means any action taken with intent to cause physical injury to another person. Department. The term "department" means the New York city department of correction. Hospital. The term "hospital" includes any hospital setting, whether a hospital outside of the department's jurisdiction or a correction unit operated by the department within a hospital. Serious injury. The term "serious injury" means a physical injury that (i) creates a substantial risk of death or disfigurement; (ii) is a loss or impairment of a bodily organ; (iii) is a fracture or break to a bone other than fingers and toes; or (iv) is an injury defined as serious by a physician. Sexual abuse. The term "sexual abuse" has the same meaning as set forth in 28 CFR § 115.6, or successor regulation, promulgated pursuant to the federal prison rape elimination act of 2003. Staff. The term "staff" means anyone other than an incarcerated individual who works at a facility operated by the department. Young adult. The term "young adult" means an incarcerated individual 18 to 21 years of age. Use of force A. The term "use of force A" means a use of force by staff on an incarcerated individual resulting in an injury that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including those uses of force resulting in one or more of the following: (i) multiple abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of consciousness, including a concussion; (viii) suture; (ix) internal injuries, including but not limited to ruptured spleen or perforated eardrum; or (x) admission to a hospital. Use of force B. The term "use of force B" means a use of force by staff on an incarcerated individual which does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including the following: (i) a use of force resulting in a superficial bruise, scrape, scratch, or minor swelling; and (ii) the forcible use of mechanical restraints in a confrontational situation that results in no or minor injury. Use of force C. The term "use of force C" means a use of force by staff on an incarcerated individual resulting in no injury to staff or incarcerated individual, including an incident where the use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination. b. No later than 20 days after the end of each month, the department shall post on its website a report containing the following information for the prior month, in total and by indicating the rate per 100 incarcerated individuals in the custody of the department during such prior month: 1. fight infractions written against incarcerated individuals; 2. assaults on incarcerated individuals by incarcerated individuals involving stabbings, shootings or slashings; 3. assaults on incarcerated individuals by incarcerated individuals in which an incarcerated individual suffered a serious injury, excluding assaults involving stabbings, shootings or slashings; 4. actual incidents of use of force A; 5. actual incidents of use of force B; 6. actual incidents of use of force C; 7. assaults on staff by incarcerated individuals in which staff suffered serious injury. c. No later than 45 days after the end of each quarter ending March 31, June 30, September 30 and December 31, the department shall post on its website a report containing the following information for the prior quarter, in total and by indicating the rate per 100 incarcerated individuals in the custody of the department during such prior quarter. Such report shall also disaggregate the following information by listing adults, young adults, and adolescent incarcerated individuals separately: 1. fight infractions written against incarcerated individuals; 2. assaults on incarcerated individuals by incarcerated individuals in which an incarcerated individual suffered a serious injury, excluding assaults involving stabbings, shootings or slashings; 3. assaults on incarcerated individuals by incarcerated individuals involving stabbings; 4. assaults on incarcerated individuals by incarcerated individuals involving shootings; 5. assaults on incarcerated individuals by incarcerated individuals involving slashings; 6. total number of assaults on incarcerated individuals by incarcerated individuals involving stabbings, shootings or slashings; 7. total number of assaults on incarcerated individuals by incarcerated individuals involving stabbings, shootings or slashings in which an incarcerated individual suffered a serious injury; 8. assaults on incarcerated individuals by incarcerated individuals in which an incarcerated individual was admitted to a hospital as a result; 9. homicides of incarcerated individuals by incarcerated individuals; 10. attempted suicides by incarcerated individuals; 11. suicides by incarcerated individuals; 12. assaults on staff by incarcerated individuals; 13. assaults on staff by incarcerated individuals in which staff suffered serious injury; 14. assaults on staff by incarcerated individuals in which the staff was transported to a hospital as a result; 15. incidents in which an incarcerated individual splashed staff; 16. allegations of use of force A; 17. actual incidents of use of force A; 18. incarcerated individual hospitalization as a result of use of force A; 19. allegations of use of force B; 20. actual incidents of use of force B; 21. allegations of use of force C; 22. actual incidents of use of force C; 23. incidents of use of force C in which chemical agents were used; 24. incidents of use of force in which staff uses any device capable of administering an electric shock. d. Beginning July 1, 2016 and every July first thereafter, the department shall post on its website a report for the prior calendar year containing information pertaining to (1) allegations of sexual abuse of an incarcerated individual by an incarcerated individual; (2) substantiated incidents of sexual abuse of an incarcerated individual by an incarcerated individual; (3) allegations of sexual abuse of an incarcerated individual by staff; and (4) substantiated incidents of sexual abuse of an incarcerated individual by staff. e. The information in subdivisions b, c and d of this section shall be compared to previous reporting periods, and shall be permanently stored on the department's website. (L.L. 2016/033, 3/28/2016, eff. 7/1/2016; Am. L.L. 2018/145, 8/6/2018, eff. 8/6/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-131 Persons not to be detained.

§ 9-131 Persons not to be detained. a. Definitions. For the purposes of this section, the following terms shall have the following meanings: 1. "Civil immigration detainer" shall mean a detainer issued pursuant to 8 CFR § 287.7 or any similar federal request for detention of a person suspected of violating civil immigration law. 2. "Convicted of a violent or serious crime" shall mean a judgment pursuant to section 1.20(15) of the criminal procedure law entered on a violent or serious crime or a conviction under federal law or the law of another state that would constitute a "predicate felony conviction" under section 70.06(1)(b)(i) of the penal law provided that such conviction was for the equivalent of a violent or serious crime. A person shall not be considered convicted of a violent or serious crime if that person: i. was adjudicated as a youthful offender, pursuant to article seven hundred twenty of the criminal procedure law, or a comparable status pursuant to federal law or the law of another state, or a juvenile delinquent, as defined by subdivision one of section 301.2 of the family court act, or a comparable status pursuant to federal law or the law of another state; or ii. has not had a judgment pursuant to section 1.20(15) of the criminal procedure law entered against him or her on a violent or serious crime for at least five years prior to the date of the instant arrest, provided that any period of time during which the person was incarcerated for a violent or serious crime, between the time of the commission of such violent or serious crime and the instant arrest, shall be excluded in calculating such five year period and such five year period shall be extended by a period or periods equal to the time served under such incarceration. 3. "Department" shall mean the New York city department of correction and shall include all officers, employees and persons otherwise paid by or acting as agents of the department. 4. "Federal immigration authorities" shall mean any officer or employee of, or person otherwise paid by or acting as an agent of or performing duties on behalf of the federal government, whose duties include, in whole or in part: (i) enforcement of the civil provisions of the immigration and nationality act; (ii) enforcement of any provision of federal law, including but not limited to chapter 3 of title 50 of the United States code and section 1459 of title 19 of the United States code, that penalizes a person being found in, or a person’s presence in, failure to depart from, entry into, or reentry into, the United States; (iii) enforcement of any provision of federal law that penalizes conduct related to the registration, travel document, or supervision requirements contained in the immigration and nationality act; or (iv) enforcement of any other provision of federal law where the mayor has determined that such federal law is being used by federal immigration authorities as a proxy for civil immigration enforcement. The term “federal immigration authorities” shall not include any personnel of the city acting in the course of their employment with the city. 5. "Judicial warrant" shall mean a warrant based on probable cause and issued by a judge appointed pursuant to article III of the United States constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, that authorizes federal immigration authorities to take into custody the person who is the subject of such warrant. 6. "Terrorist screening database" shall mean the United States terrorist watch list or any similar or successor list maintained by the United States. 7. "Violent or serious crime" shall mean: i. a felony defined in any of the following sections of the penal law: 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55; ii. a hate crime as defined in section 485.05 of the penal law, provided such hate crime constitutes a felony; iii. a felony attempt, felony conspiracy, or felony criminal solicitation to commit any crime specified in subparagraph (i) of this paragraph, or a felony criminal facilitation of such specified crime; iv. any felony set forth in section 600 of the vehicle and traffic law; or v. any crime codified by the legislature subsequent to the enactment of this section that the department, in consultation with the police department, by rule determines to be a felony involving violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons, or any crime for which a change made by the legislature requires amendment of the crimes specified in this paragraph. The commissioner of correction shall submit any proposed additions to the crimes set forth in this paragraph to the speaker of the council at least sixty days prior to publishing such proposed rule. b. Prohibition on honoring a civil immigration detainer. 1. The department may only honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department's custody, in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph, or by notifying federal immigration authorities of such person's release, if: i. federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and ii. a search, conducted at or about the time when such individual would otherwise be released from the department's custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database. 2. Nothing in this section shall affect the obligation of the department to maintain the confidentiality of any information obtained pursuant to paragraph one of this subdivision. c. No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold individuals on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section. d. No conflict with existing law. This section supersedes all conflicting mayoral executive orders and memoranda of understanding entered into by the city, as well as all conflicting policies, rules, procedures, and practices of the city. Nothing in this section shall be construed to prohibit any city agency from cooperating with federal immigration authorities when required under federal law. Nothing in this section shall be interpreted or applied so as to create any power, duty, or obligation in conflict with any federal or state law. e. No private right of action. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof. f. Reporting. No later than September 1, 2018 and no later than September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending June 30: 1. the total number of civil immigration detainers lodged with the department, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing detainers, including, but not limited to, that federal immigration authorities: i. had reason to believe that the persons in the department's custody are subject to removal from the United States; ii. initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody; iii. served a warrant of arrest for removal proceedings on persons in the department's custody; or iv. obtained orders of deportation or removal from the United States for persons in the department's custody; 2. the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department's custody, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing the detainers, including, but not limited to, that federal immigration authorities: i. had reason to believe that the persons in the department's custody are subject to removal from the United States; ii. initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody; iii. served a warrant of arrest for removal proceedings on persons in the department's custody; or iv. obtained orders of deportation or removal from the United States for persons in the department's custody; 3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers; 4. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had at least one conviction for a violent or serious crime; 5. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had no convictions for a violent or serious crime and were identified as possible matches in the terrorist screening database; 6. the amount of state criminal alien assistance funding requested and received from the federal government; 7. the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section; 8. the number of persons held pursuant to civil immigration detainers beyond the time when such persons would otherwise have been released from the department's custody who were not transferred to the custody of federal immigration authorities either because of the expiration of the forty-eight-hour hold period provided in 8 CFR § 287.7 or because federal immigration authorities disavowed an intention to assume custody; and 9. the number of requests from federal immigration authorities concerning a person's incarceration status, release dates, court appearance dates, or any other information related to such person in the department's custody, and the number of responses honoring such requests by the department, disaggregated by: i. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; ii. the number of responses to federal immigration authorities concerning a person with at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities. g. For the purpose of this section, any reference to a statute, rule, or regulation shall be deemed to include any successor provision. h. Use of city land or facilities by federal immigration authorities and access to persons in custody. 1. Department personnel shall not expend time while on duty or department resources of any kind disclosing information that belongs to the department and is available to them only in their official capacity, in response to federal immigration inquiries or in communicating with federal immigration authorities regarding any person's incarceration status, release dates, court appearance dates, or any other information related to persons in the department's custody, other than information related to a person's citizenship or immigration status, unless such response or communication: (i) relates to a person convicted of a violent or serious crime or identified as a possible match in the terrorist screening database; (ii) is unrelated to the enforcement of civil immigration laws; or (iii) is otherwise required by law. 2. Federal immigration authorities shall not be permitted to maintain an office or quarters on land over which the department exercises jurisdiction, for any purpose. (Am. L.L. 2017/228, 12/1/2017, eff. 1/30/2018; Am. 2018 N.Y. Laws Ch. 189, 8/15/2018, eff. 11/13/2018; Am. L.L. 2026/063, 1/29/2026, eff. 1/29/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.

NYC Admin. Code § 9-132 Hart's Island electronic burial database.

§ 9-132 Hart's Island electronic burial database. a. The department of correction shall post and maintain an electronic database of all burials on Hart's Island since nineteen hundred seventy-seven on the department's website, and shall not charge a fee to the public to search such database.

NYC Admin. Code § 9-133 Hart's Island visitation policy.

§ 9-133 Hart's Island visitation policy. a. The department of correction shall reduce its Hart's Island visitation policy to writing, post such policy on the department of correction website and make it available to anyone who requests a copy.

NYC Admin. Code § 9-134 Jail segregated housing statistics.

§ 9-134 Jail segregated housing statistics. a. Definitions. For the purposes of this section, the following terms have the following meanings: Department. The term "department" means the New York city department of correction. Incarcerated individual recreation day. The term "incarcerated individual recreation day" means one day per each individual for every day in punitive segregation during each quarter. Incarcerated individual shower day. The term "incarcerated individual shower day" means one day per each individual for every day in punitive segregation during each quarter. Mental health unit ("MHU"). The term "mental health unit" ("MHU") means any separate housing area staffed by mental health clinicians where incarcerated individuals with mental illness who have been found guilty of violating department rules are housed, including but not limited to restricted housing units and clinical alternative to punitive segregation units. Segregated housing unit. The term "segregated housing unit" means any city jail housing units in which incarcerated individuals are regularly restricted to their cells more than the maximum number of hours as set forth in subdivision (b) of section 1-05 of chapter 1 of title 40 of the rules of the city of New York, or any successor rule establishing such maximum number of hours for the general population of incarcerated individuals in city jails. Segregated housing units do not include mental health units. Segregated housing units include, but are not limited to, punitive segregation housing and enhanced supervision housing. Serious injury. The term "serious injury" means a physical injury that includes: (i) a substantial risk of death or disfigurement; (ii) loss or impairment of a bodily organ; (iii) a fracture or break to a bone, excluding fingers and toes; (iv) an injury defined as serious by a physician; and (v) any additional serious injury as defined by the department. Staff. The term "staff" means anyone, other than an incarcerated individual, working at a facility operated by the department. Use of force. The term "use of force" means an instance where staff used their hands or other parts of their body, objects, instruments, chemical agents, electric devices, firearm, or any other physical method to restrain, subdue, or compel an incarcerated individual to act in a particular way, or stop acting in a particular way. This term shall not include moving, escorting, transporting, or applying restraints to a compliant incarcerated individual. Use of force A. The term "use of force A" means a use of force resulting in an injury that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including, but not limited to: (i) multiple abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of consciousness, including a concussion; (viii) suture; (ix) internal injuries, including but not limited to ruptured spleen or perforated eardrum; or (x) admission to a hospital. Use of force B. The term "use of force B" means a use of force resulting in an injury that does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid. Use of force C. The term "use of force C" means a use of force resulting in no injury to staff or incarcerated individuals. b. For the quarter beginning October first, two thousand fourteen, commencing on or before January twentieth, two thousand fifteen, and on or before the twentieth day of each quarter thereafter, the commissioner of correction shall post a report on the department website containing information relating to the use of segregated housing units and MHU in city jails for the previous quarter. Such quarterly report shall include separate indicators, disaggregated by facility and housing category for the total number of incarcerated individuals housed in segregated housing units and MHU. Such quarterly report shall also include the following information regarding the segregated housing unit and MHU population: (i) the number of incarcerated individuals in each security risk group as defined by the department's classification system directive, (ii) the number of incarcerated individuals subject to enhanced restraints, including but not limited to, shackles, waist chains and hand mittens, (iii) the number of incarcerated individuals sent to segregated housing units and MHU during the period, (iv) the number of incarcerated individuals sent to segregated housing units and MHU from mental observation housing areas, (v) the number of incarcerated individuals, by highest infraction offense grade as classified by the department, (grade one, two, or three), (vi) the number of incarcerated individuals serving punitive segregation in the following specified ranges: less than ten days, ten to thirty days, thirty-one to ninety days, ninety-one to one hundred eighty days, one hundred eighty-one to three hundred sixty-five days, and more than three hundred sixty-five days, (vii) the number of incarcerated individuals receiving mental health services, (viii) the number of incarcerated individuals twenty-one years of age and under, (ix) the number of incarcerated individuals over twenty-one years of age in ten-year intervals, (x) the race and gender of incarcerated individuals, (xi) the number of incarcerated individuals who received infractions while in segregated housing units or MHU, (xii) the number of incarcerated individuals who received infractions that led to the imposition of additional punitive segregation time, (xiii) the number of incarcerated individuals who committed suicide, (xiv) the number of incarcerated individuals who attempted suicide, (xv) the number of incarcerated individuals on suicide watch, (xvi) the number of incarcerated individuals who caused injury to themselves (excluding suicide attempt), (xvii) the number of incarcerated individuals seriously injured while in segregated housing units or MHU, (xviii) the number of incarcerated individuals who were sent to non-psychiatric hospitals outside the city jails, (xix) the number of incarcerated individuals who died (non-suicide), (xx) the number of incarcerated individuals transferred to a psychiatric hospital from segregated housing units, (xxi) the number of incarcerated individuals transferred to a psychiatric hospital from MHU, disaggregated by program, (xxii) the number of incarcerated individuals moved from general punitive segregation to MHU, disaggregated by program, (xxiii) the number of incarcerated individuals placed into MHU following a disciplinary hearing, disaggregated by program, (xxiv) the number of incarcerated individuals moved from MHU to a segregated housing unit, disaggregated by segregated housing unit type, (xxv) the number of incarcerated individuals prescribed anti-psychotic medications, mood stabilizers or anti-anxiety medications, disaggregated by the type of medication, (xxvi) the number of requests made by incarcerated individuals for medical or mental health treatment and the number granted, (xxvii) the number of requests made by incarcerated individuals to attend congregate religious services and the number granted, (xxviii) the number of requests made by incarcerated individuals for assistance from the law library and the number granted, (xxix) the number of requests made by incarcerated individuals to make telephone calls and the number granted, disaggregated by weekly personal calls and other permissible daily calls, (xxx) the number of incarcerated individual recreation days and the number of recreation hours attended, (xxxi) the number of individual recreation hours that were offered to incarcerated individuals prior to six a.m., (xxxii) the number of incarcerated individual shower days and the number of showers taken, (xxxiii) the number of incarcerated individuals who received visits, (xxxiv) the number of instances of allegations of use of force, (xxxv) the number of instances of use of force A, (xxxvi) the number of instances of use of force B, (xxxvii) the number of instances of use of force C, (xxxviii) the number of instances in which contraband was found, (xxxix) the number of instances of allegations of staff on incarcerated individual sexual assault, (xl) the number of instances of substantiated staff on incarcerated individual sexual assault, (xli) the number of instances of allegations of incarcerated individual on staff sexual assault, and (xlii) the number of instances of substantiated incarcerated individual on staff sexual assault. (Am. L.L. 2015/090, 10/7/2015, eff. 1/1/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/090.

NYC Admin. Code § 9-135 Alternative housing unit waiting list.

§ 9-135 Alternative housing unit waiting list. The commissioner shall post a report every 60 days, on the department of correction website, setting forth the number of city jail inmates who have been found guilty of violating departmental rules but have yet to be placed in punitive segregation, restrictive housing or a clinical alternative to punitive segregation housing, or any successor to such housing units, disaggregated by inmates with "M" designations at the end of their book and case numbers, indicating that the inmates are known to mental health staff, and inmates without "M" designations. Such report shall state the number of inmates awaiting placement in any such housing unit categorized by the length of time such inmates have been awaiting placement in the following categories: 1-5 days, 6-15 days, 16-30 days, 31-60 days, and 61 days or longer. The commissioner shall also post, no later than 45 days after the end of each quarter, a quarterly report that sets forth the number of inmates awaiting transfer to the custody of the New York state department of health or the New York state department of people with developmental disabilities pursuant to section 730 of the criminal procedure law, the length of stay for such inmates, and the housing facility in which such inmates were placed. (L.L. 2015/084, 10/7/2015, eff. 10/7/2015) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/084.

NYC Admin. Code § 9-136 Grievance process.

§ 9-136 Grievance process. a. Definitions. For the purposes of this section, the following terms have the following meanings: Appeal. The term "appeal" means the action taken when an incarcerated individual's grievance is escalated to a higher level within the grievance process to review decisions regarding resolutions of grievances by incarcerated individuals. Grievable complaint. The term "grievable complaint" means a complaint handled by the office of constituent and grievance services. The term includes but is not limited to a complaint regarding classification, clothing, commissary, correspondence, employment, environmental, food, inmate account, housing, length of sentence, laundry, law library, medical, mental health, personal hygiene, phone, programs, property, recreation, religion, rules and regulations, school, search, social service, transportation, and visits. Non-grievable complaint. The term "non-grievable complaint" means any complaint which is not handled by the office of constituent and grievance services, including but not limited to a complaint regarding an allegation of assault, sexual assault/abuse, and verbal misconduct from a staff member; an allegation of assault, sexual assault/abuse, and non-sexual harassment from another incarcerated individual; individual security status; medical and mental health staff; request for accommodation due to a disability or claim of discrimination based on disability or perceived disability; request for protective custody; freedom of information laws, housing, and the grievance process. Office of constituent and grievance services. The "office of constituent and grievance services" means the unit within the department that facilitates a formal process established by the department that provides incarcerated individuals with the opportunity to resolve grievable complaints regarding their confinement. b. Forty-five days after the quarter beginning January 1, 2016, and no later than the forty-fifth day after the end of each subsequent quarter, the commissioner shall post on the department website a report containing the following information for the preceding quarter, in addition to all information in paragraphs 1 through 5 of section d in the aggregate 1. The number of grievable and non-grievable complaints submitted in all departmental facilities, in total and disaggregated by the facility and housing area type in which such grievance was submitted. 2. The number of grievable and non-grievable complaints submitted in all departmental facilities, disaggregated by grievance category, by the facility and housing area type in which such grievance was submitted, and by the method by which such grievance was submitted. 3. The number of grievable complaints, the stages of the grievance process, the stage in the grievance process at which they were resolved, and the categories for which any grievances were dismissed. 4. For non-grievable complaints, where such complaints were referred; 5. The number of incarcerated individuals that submitted grievances. c. [Reserved.] d. The department shall utilize an electronic tracking system to record all grievable and non-grievable complaints handled by the office of constituent and grievance services and shall provide the board of correction access to such system. Such system shall track the following: 1. Whether a complaint is subject to the process established by the office of constituent and grievance services, and if not, if and where the incarcerated individual was directed; 2. Whether the incarcerated individual pursued an appeal; 3. How and when the complaint was resolved, and at what stage the complaint was resolved; 4. Whether the complaint was made by the affected incarcerated person, an attorney or other advocate, a public official, or another third party; 5. The housing facility and housing area type where the complaint was made; e. Complaints and requests made by or on behalf of an incarcerated individual to 311 and forwarded to the department shall be addressed by the office of constituent and grievance services. f. The department shall ensure equal access to the office of constituent and grievance services, including the following procedures: 1. Evaluating the need for grievance boxes and strategically placing a number of boxes in locations where individuals in department custody frequently congregate, and at least one box in each facility. 2. Placing a number of dedicated personnel in each housing unit to conduct outreach. 3. Developing caseload guidelines for grievance coordinators and officers. g. The department shall install grievance kiosks in each facility where incarcerated individuals may file grievances electronically and in a private setting by December 31, 2026. Such kiosks shall be accessible in multiple languages and shall provide incarcerated individuals physical receipts confirming filing. If a request made through the kiosk is not subject to the grievance and review process, the kiosks shall provide incarcerated individuals with information regarding where the grievance should be redirected. h. Incarcerated individuals unable to read, access, or understand the grievance process shall be provided with assistance necessary to meaningfully engage in such process. (L.L. 2015/087, 10/7/2015, eff. 10/7/2015; Am. L.L. 2019/134, 7/14/2019, eff. 1/14/2020; Am. L.L. 2019/135, 7/14/2019, eff. 1/14/2020; Am. L.L. 2019/194, 11/17/2019, eff. 3/16/2020)

NYC Admin. Code § 9-137 Jail population statistics.

§ 9-137 Jail population statistics. a. Within 45 days of the end of each quarter of the fiscal year, the department shall post a report on its website containing information related to the incarcerated individual population in city jails for the preceding quarter. Such quarterly report shall include the following information based on the number of incarcerated individual admissions during the reporting period, and based on the average daily population of the city's jails for the preceding quarter in total, and as a percentage of the average daily population of incarcerated individuals in the department's custody during the reporting period: 1. Age, in years, disaggregated as follows: 16-17, 18-21, 22-25, 26-29, 30-39, 40-49, 50-59, 60-69, 70 or older. 2. Gender, including a separate category for those incarcerated individuals housed in any transgender housing unit. 3. Race of incarcerated individuals, categorized as follows: African-American, Hispanic, Asian, white, or any other race. 4. The borough in which the incarcerated individual was arrested. 5. Educational background as self-reported by incarcerated individuals after admission to the custody of the department, categorized as follows based on the highest level of education achieved: no high school diploma or general education diploma, a general education diploma, a high school diploma, some college but no degree, an associate's degree, a bachelor's degree, or a post-collegiate degree. 6. The number of incarcerated individuals identified by the department as a member of a security risk group, as defined by the department. (L.L. 2015/088, 10/7/2015, eff. 1/1/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-138 Use of force directive.

§ 9-138 Use of force directive. The commissioner shall post on the department's website the directive stating the department's current policies regarding the use of force by departmental staff on incarcerated individuals, including but not limited to the circumstances in which any use of force is justified, the circumstances in which various levels of force or various uses of equipment are justified, and the procedures staff must follow prior to using force. The commissioner may redact such directive as necessary to preserve safety and security in the facilities under the department's control. (L.L. 2015/089, 10/7/2015, eff. 11/6/2015; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-139 Bill of rights for incarcerated individuals.

§ 9-139 Bill of rights for incarcerated individuals. a. The department shall inform every incarcerated individual upon admission to the custody of the department, in writing, using plain and simple language, of their rights under department policy, which shall be consistent with federal, state, and local laws, and board of correction minimum standards, on the following topics: non-discriminatory treatment, personal hygiene, recreation, religion, attorney visits, access to legal reference materials, visitation, telephone calls and other correspondence, media access, due process in any disciplinary proceedings, health services, safety from violence, and the grievance system. b. The department shall inform every incarcerated individual upon admission to the custody of the department, in writing, using plain and simple language, of their responsibilities under the department's rules governing their conduct. c. The department shall inform every incarcerated individual upon admission to the custody of the department, in writing, using plain and simple language, of available services relating to education, vocational development, drug and alcohol treatment and counseling, and mental health treatment and counseling services. d. The department shall publish on its website any documents created pursuant to this section. Such documents shall be available in English and Spanish. e. Within 24 hours of admission to the custody of the department, the department shall provide to each incarcerated individual an oral summary of the rights and responsibilities enumerated in subdivisions a, b, and c of this section in their preferred language, if the language is accessible through the city's language access plan. The department shall make a good faith effort to provide an oral summary in languages that are not accessible through the city's language access plan as soon as practicable. f. Upon admission to the custody of the department, each incarcerated individual shall also be offered the option of being provided the Connections guidebook for formerly incarcerated people, or any similar or successor book or handbook that describes resources available to those re-entering society after being incarcerated. g.* The department shall allow incarcerated individuals to decorate a designated area of their living quarters, with appropriate oversight from the department regarding safety and security considerations. g.* The department shall inform all incarcerated individuals in writing, using plain and simple language, of the protections against retaliation for filing a grievance, complaint, or request. The department shall also inform all incarcerated individuals in writing and in plain and simple language upon the filing of a grievance, complaint, or request, about which complaints are not subject to the grievance process; the process for resolving such complaints; and the protections against retaliation for filing such grievance, complaint, or request. Grievable complaints made through 311, to the board of correction, by email, by attorneys or other advocates, public officials, or other third parties on behalf of an incarcerated individual and over the phone shall be addressed by the office of constituent and grievance services. * Editor's note: there are two subsections designated as g. h.* The department shall maintain a policy that requires its employees to refer to individuals in custody by their names and their preferred pronouns, if known and if practicable, and has zero tolerance for staff addressing individuals in custody using dehumanizing terms, such as the word "body." h.* The department shall include on all grievance forms instructions on how to appeal resolutions and post such forms on the department's website. * Editor's note: there are two subsections designated as h. (L.L. 2015/091, 10/7/2015, eff. 1/5/2016; Am. L.L. 2019/135, 7/14/2019, eff. 1/14/2020; Am. L.L. 2019/194, 11/17/2019, eff. 3/16/2020)

NYC Admin. Code § 9-140 Jail visitation statistics.

§ 9-140 Jail visitation statistics. a. Definitions. For the purposes of this section, the following terms have the following meanings: Borough jail facility. The term "borough jail facility" means any department facility in which incarcerated individuals are housed by the department and that is located outside Rikers Island. City jail. The term "city jail" means any department facility in which incarcerated individuals are housed by the department. Complaint. The term "complaint" means a report made to the department or received by the department from any other city entity regarding an alleged act of sexual abuse, sexual harassment, or intervention against a visitor, including reports made on behalf of another person. Intervention. The term "intervention" means an incident in which staff use their hands or other parts of their body, or other physical method to restrain, subdue, or compel a visitor to act or stop acting in a particular way. Professional. The term "professional" refers to people who are properly identified as providing services or assistance to incarcerated individuals, including but not limited to lawyers, doctors, religious advisors, public officials, therapists, counselors, and media representatives. Sexual abuse. The term "sexual abuse" includes any of the following acts against a visitor, performed by staff with or without consent of the visitor, including when such acts occur during the course of an otherwise authorized search procedure: (1) contact between the penis and the vulva or the penis and the anus, including but not limited to penetration, however slight; (2) contact between the mouth and the penis, vulva, or anus; (3) contact between the mouth and any body part where the staff has the intent to abuse, humiliate, arouse, or gratify sexual desire; (4) penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument; (5) any other intentional contact, either directly or through clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks where the staff has the intent to abuse, arouse, or gratify sexual desire; and (6) any attempt to engage in the activities described in paragraphs (1) through (5) of this definition. Sexual harassment. The term "sexual harassment" means acts conducted by staff on visitors, including (1) any unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature; and (2) any verbal comments or gestures of a sexual nature, including demeaning references to gender, sexual orientation, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. Staff. The term "staff" means anyone other than an incarcerated individual who is directly employed by the department. Visitor. The term "visitor" means any person who enters a city jail with the stated intention of visiting an incarcerated individual at any city jail, or any person who is screened by the department for visitation purposes, including but not limited to any person who registers to visit an incarcerated individual in the department's visitor tracking system. b. The commissioner shall post on the department website on a quarterly basis, within 30 days of the beginning of each quarter, a report containing information pertaining to the visitation of the incarcerated individual population in city jails for the prior quarter. The information required by this subdivision shall be reported in a format capable of automatic processing. Such quarterly report shall include the following information: 1. The total number of visitors to city jails, disaggregated by whether such visitor participated in an in-person visit or a tele-visit. 2. The number of visitors unable to visit or to complete a visit with an incarcerated individual at any city jail, in total, and disaggregated by the reason such visit did not take place or was not completed, including, but not limited to: a. Visitor or incarcerated individual possessed contraband; b. Visitor failed an ion scan; c. Visitor was wearing inappropriate attire; d. Visitor did not possess a valid form of identification; e. Visitor declined to wait for the incarcerated individual to arrive for the visit; f. Visitor did not appear for the visit; g. Incarcerated individual refused an escort to the location of the visit; h. Incarcerated individual was not in the facility at the time of the visit due to transfer to a different facility or discharge by the department; i. Incarcerated individual was located in a housing unit where movement was restricted due to an emergency lockdown, search, or alarm at the time of the visit; j. Incarcerated individual had a medical appointment at the time of the visit; k. Incarcerated individual had a court appearance at the time of the visit; l. Incarcerated individual was the subject of a pending investigation at the time of the visit that prohibited such individual from attending the visit; m. Staff were unavailable to escort the incarcerated individual to the location of the visit; n. Incarcerated individual failed to comply with rules and regulations, disaggregated by the specific rule or regulation; o. Visitor failed to comply with rules and regulations; p. Visitor acted in a disrespectful manner towards staff; and q. Tele-visit cancelled due to technical problems. 3. The average length of time between the time a visitor arrives at a facility and the time such visitor commences a visit with an incarcerated individual, disaggregated by facility. 4. The incarcerated individual visitation rate, which shall be calculated by dividing the average daily number of visitors who visited incarcerated individuals at city jails during the reporting period by the average daily incarcerated individual population of city jails during the reporting period. c. Within 90 days of July 1, 2019, and every six months thereafter, the department shall submit to the speaker of the council and the board of correction a report of alleged incidents of sexual abuse, sexual harassment and interventions against visitors by staff that occurred during the preceding six month period for which an investigation lasted longer than 90 days, provided that the information required in paragraphs 7 through 16 need not be included in such reports until the report due within 90 days of July 1, 2021. The information required by this subdivision shall be reported in a format capable of automatic processing. Such report shall include the following information for each allegation of sexual abuse, sexual harassment and intervention: 1. The date on which the incident occurred and whether the incident took place between the times of 7:00 a.m. and 3:00 p.m., 3:00 p.m. and 11:00 p.m., or 11:00 p.m. and 7:00 a.m.; 2. Whether the incident occurred at Rikers Island or at a borough facility, and at which facility the incident occurred; 3. The method by which the incident was reported and the date of reporting; 4. Whether the alleged perpetrator completed staff training pursuant to subdivision f, and the last date such training was received; 5. The gender of the alleged victim; 6. Whether the alleged victim at the time of the incident was between the ages of 18-25, 26-35, 36-40, 41-60, over 60, or under 18; 7. Whether the alleged victim claimed that the perpetrator of the sexual abuse, sexual harassment or intervention intentionally selected them in whole or in part because of a belief or perception regarding the alleged victim's gender or sexual orientation, regardless of whether such belief or perception was correct; 8. Whether the alleged victim claimed that the perpetrator of the sexual abuse, sexual harassment or intervention intentionally committed the act in whole or in part because of a belief regarding the victim's gender or sexual orientation, regardless of whether such belief or perception was correct; 9. For interventions, whether emergency medical services was called; 10. The gender of the staff alleged to have engaged in sexual abuse, sexual harassment or an intervention against a visitor; 11. Whether the incident occurred in a restroom, a visitor's waiting area, or another location; 12. Whether the alleged victim is known to identify as transgender or intersex; 13. Whether the alleged victim is known to identify as lesbian, gay or bi-sexual; 14. The type of acts of sexual abuse or harassment as defined in subdivision a of this section; 15. For allegations of sexual abuse and harassment, whether such allegation consists of conduct consistent with the definition of sexual abuse or harassment under section 115.6 of title 28 of the code of federal regulations and any successor regulation; and 16. Whether the incident occurred during the course of an otherwise authorized search of the visitor. d. Within 90 days of July 1, 2019, and every six months thereafter, the department shall report to the speaker of the council and the board of correction a report of investigations of sexual abuse, sexual harassment and intervention against visitors by staff that were concluded during the preceding six-month period. Such report shall include the information set forth in paragraphs 1 through 16 of subdivision c of this section for each such concluded investigation of sexual abuse, sexual harassment and intervention; provided, however, that the information required in paragraphs 6 through 16 of subdivision c need not be included in such reports until the report due within 90 days of July 1, 2021. The information required by this subdivision shall be reported in a format capable of automatic processing. Reports made pursuant to this subdivision shall also include the following information for each such investigation: 1. Whether the department determined that the allegation was substantiated, unsubstantiated, or unfounded, and the date when such a determination was made; and 2. For substantiated allegations, whether the staff accused of sexual abuse, sexual harassment or intervention against a visitor resigned, retired, was suspended, placed on modified duty, placed on administrative leave or administered any other form of discipline, and whether criminal charges were brought. e. Within 90 days of July 1, 2019, and every six months thereafter, the department shall submit to the council and post on its website the information required in subdivisions c and d of this section in the aggregate, including the number and percentage of each data point, provided that such information that cannot be aggregated need not be included in such report. Such reports shall include the number of cases pending for over 90 days. Such reports shall be stored on the department's website for at least ten years. f. The department shall implement annual training regarding the treatment of visitors for staff who interact regularly with visitors. The department shall issue reports on such trainings, including descriptions of the training materials and the number of staff who have received the training. Such reports shall be submitted to the speaker of the council, the board of correction and posted on the department's website within 30 days of January 1 of each year. g. The department shall ensure that all data collected pursuant to this section is securely retained, and shall retain such data indefinitely after the date of initial collection unless federal or state law requires otherwise. h. The department shall report the information required pursuant to this subdivision notwithstanding any other provision of local law. Before making data collected pursuant to this section available to the speaker of the council, board of correction, and the public, the department shall remove an individual's name, all personal identifying information as defined by subdivision (a) of section 10-501, and any other information the disclosure of which would violate any federal or state laws. i. The department shall record, by audio and video, any instance of department staff notifying an incarcerated individual about a request for an in-person visit or tele-visit with such individual, and any response by such individual to such notification. The department shall maintain a database of any recording required pursuant to this subdivision. Any such video recording shall include the department informing an incarcerated individual that they have a visitor and whether the visit is in-person or a tele-visit, and the entirety of any response by the incarcerated individual. (L.L. 2015/085, 10/7/2015, eff. 1/1/2016; Am. L.L. 2019/023, 1/20/2019, eff. 1/20/2019; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2025/044, 4/11/2025, eff. 1/6/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/085.

NYC Admin. Code § 9-141 Menstrual products.

§ 9-141 Menstrual products. a. Definitions. As used in this section, the following terms have the following meanings: Commissioner. The term “commissioner” means the commissioner of correction. Department. The term “department” means the department of correction. Menstrual cup. The term “menstrual cup” means a funnel-shaped or disc-shaped device made of either reusable or single-use material for use in connection with the menstrual cycle. b. Distribution of menstrual products. 1. All incarcerated individuals in the custody of the department who are in need of menstrual products shall be provided, at the department’s expense, with menstrual products as soon as practicable upon request. All individuals arrested and detained in the custody of the department for at least 48 hours who are in need of menstrual products shall be provided, at the department’s expense, with menstrual products as soon as practicable upon request. 2. The department shall provide a reusable menstrual cup, at the department’s expense, to any person who requests such cup upon release from the department’s custody. c. Reporting on provision of menstrual products. 1. No later than July 31, 2025, and annually thereafter, the commissioner shall submit to the mayor and the speaker of the council and post on the department’s website a report on the provision of menstrual products, as required by subdivision a of this section, during the preceding fiscal year. Such report shall include the following information: (a) The average daily population of individuals in the custody of the department, disaggregated by gender; (b) The number of such products ordered by the department during the preceding 12 months, disaggregated by product type; (c) The number of such products distributed to city correctional facilities during the preceding 12 months, disaggregated by product type; and (d) The number of such products distributed to individuals in the custody of the department during the preceding 12 months, disaggregated by product type. (L.L. 2016/082, 7/13/2016, eff. 7/13/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2024/010, 1/6/2024, eff. 10/2/2024; Am. L.L. 2024/012, 1/6/2024, eff. 10/2/2024)

NYC Admin. Code § 9-142 Rikers Island nursery procedures and report.

§ 9-142 Rikers Island nursery procedures and report. a. Definitions. For the purposes of this section, the following terms shall have the following meanings: Child. The term "child" means any person one year of age or younger whose mother is in the custody of the department. Nursery. The term "nursery" means any department facility designed to accommodate newborn children of incarcerated mothers, pursuant to New York state correctional law section 611 or any successor statute. Staff. The term "staff" means anyone, other than an incarcerated individual, working at a facility operated by the department. Use of force A. The term "use of force A" means a use of force by staff on an incarcerated individual resulting in an injury to staff or incarcerated individual that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including those uses of force resulting in one or more of the following treatments/injuries: (i) multiple abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of consciousness; including a concussion; (viii) suture; (ix) internal injuries, including but not limited to, ruptured spleen or perforated eardrum; and (x) admission to a hospital. Use of force B. The term "use of force B" means a use of force by staff on an incarcerated individual resulting in an injury to staff or incarcerated individual that does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including the following: (i) a use of force resulting in a superficial bruise, scrape, scratch, or minor swelling; and (ii) the forcible use of mechanical restraints in a confrontational situation that results in no or minor injury. Use of force C. The term "use of force C" means a use of force by staff on an incarcerated individual resulting in no injury to staff or incarcerated individual, including incidents where use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination. b. Notice shall be given to all women admitted to any departmental facility that they may be eligible to be housed in the nursery with their child or children, if such child or children are one year of age or younger, and may be eligible to be housed in the nursery with their child after giving birth while in the custody of the department. Information about eligibility for the nursery shall be posted in the clinic. Such information and notice shall be provided in clear and simple language. c. Children and their mothers shall be housed in the nursery unless the department determines that such housing would not be in the best interest of such child pursuant to section 611 of the correction law or any successor statute. The department shall maintain formal written procedures consistent with this policy and with the following provisions: 1. The warden of the facility in which the nursery is located may deny a child admission to the nursery only if a consideration of all relevant evidence indicates that such admission would not be in the best interest of the child. 2. Any incarcerated individual whose child is denied admission to the nursery shall be provided with a written determination specifying the facts and reasons underlying such determination. Such notice shall indicate that this determination may be appealed, and describe the appeals process in plain and simple language. 3. An incarcerated individual may appeal such determination. The appeal shall be decided by the commissioner or the chief of the department, in consultation with a person who has expertise in early childhood development. Any denial of an appeal shall include a specific statement of the reasons for denial. A copy of this determination on the appeal shall be provided to such incarcerated individual. 4. Incarcerated individuals who are unable to read or understand the procedures in this subdivision shall be provided with necessary assistance. d. The department shall post on the department website by the 30th day of January on a yearly basis a report containing information pertaining to the department's nursery for the prior calendar year. Such annual report shall include: 1. The total number of children admitted to the nursery, and the average daily population of children in the nursery; 2. The total number applications submitted by mothers to bring their children into the nursery; 3. The total number of applications that were approved; 4. The total number of applications that were denied. For any children for whom such application was denied, the placement of such child in the following categories: (i) with a family member or guardian, (ii) with New York city administration for child services or any similar governmental agency, or (iii) any other placement; 5. The mean and median length of stay for children in the nursery annually, and for each occasion where a child was discharged, whether the stay was terminated because (i) their mothers were discharged from the custody of the department, (ii) the child reached an age at which they were no longer eligible to be housed at the nursery, or (iii) any other reason. For any child whose nursery stay was terminated for a reason other than their mother's discharge from the custody of the department, the placement of such child in the following categories: (i) with a family member or guardian, (ii) with New York city administration for child services or any similar governmental agency, or (iii) any other placement; 6. The programming and services available to incarcerated individuals and children in the nursery, including but not limited to the following categories: parenting, health and mental health, drug and/or alcohol addiction, vocational, educational, recreational, or other life skills; and 7. The following information by indicating the rate per 100 female incarcerated individuals in the custody of the department, disaggregated by whether or not the incident took place in the nursery: (i) incidents of use of force A, (ii) incidents of use of force B, (iii) incidents of use of force C, and (iv) incidents of use of force C in which chemical agents are used. e. The information in subdivision d of this section shall be compared to previous reporting periods, and shall be permanently accessible from the department's website. (L.L. 2016/120, 10/28/2016, eff. 1/16/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-143 Annual report on mentally ill incarcerated individuals and recidivism.

§ 9-143 Annual report on mentally ill incarcerated individuals and recidivism. a. Definitions. For the purposes of this section, the following terms have the following meanings: Eligible incarcerated individual. The term "eligible incarcerated individual" means an incarcerated individual whose period of confinement in a city correctional facility lasts 24 hours or longer, and who, during such confinement, receives treatment for a mental illness, but does not include incarcerated individuals seen by mental health staff on no more than two occasions during their confinement and assessed on the latter of those occasions as having no need for further treatment in any city correctional facility or upon their release from any such facility. Reporting period. The term "reporting period" means the calendar year two years prior to the year in which the report issued pursuant to this section is issued. b. No later than March 31 of each year, beginning in 2017, the department shall post on its website a report regarding mentally ill incarcerated individuals and recidivism. Such report shall include but not be limited to the following information: 1. The number of incarcerated individuals released by the department to the community during the reporting period, the number of eligible incarcerated individuals released to the community by the department during the reporting period, and the percentage of incarcerated individuals released to the community by the department who were eligible during the reporting period, provided that such report shall count each individual released during the reporting period only once; and 2. The number and percentage of incarcerated individuals released to the community by the department during the reporting period who returned to the custody of the department within one year of their discharge, and the number and percentage of eligible incarcerated individuals released to the community by the department during the reporting period who returned to the custody of the department within one year of their discharge, provided that such report shall count each individual released during the reporting period only once. c. The information in subdivision b of this section shall be compared to previous reporting periods where such information is available, and shall be permanently accessible from the department's website. (L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022)

NYC Admin. Code § 9-144 Correction programming evaluation and report.

§ 9-144 Correction programming evaluation and report. The department shall evaluate incarcerated individual programming each calendar year. For purposes of this section, "incarcerated individual programming" includes but is not limited to any structured services offered directly to incarcerated individuals for the purposes of vocational training, counseling, cognitive behavioral therapy, addressing drug dependencies, or any similar purpose. No later than April 1 of each year, beginning in 2017, the department shall submit a summary of each evaluation to the mayor and the council, and post such summary to the department's website. This summary shall include factors determined by the department, including, but not be limited to, information related to the following for each such program: (i) the amount of funding received; (ii) estimated number of incarcerated individuals served; (iii) a brief description of the program including the estimated number of hours of programming offered and utilized, program length, goals, target populations, effectiveness, and outcome measurements, where applicable; and (iv) successful completion and compliance rates, if applicable. Such summary shall be permanently accessible from the department's website and shall be provided in a format that permits automated processing, where appropriate. Each yearly summary shall include a comparison of the current year with the prior five years, where such information is available. (L.L. 2016/122, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-145 Trauma-informed care.

§ 9-145 Trauma-informed care. a. Definitions. As used in this section, the following terms have the following meanings: Correctional health services. The term "correctional health services" means the entity responsible for the delivery of health and mental health services to incarcerated individuals in the custody of the department. Staff. The term "staff" means any employee of the department or any person who regularly provides health or counseling services directly to incarcerated individuals. Trauma-informed care. The term "trauma-informed care" means trauma-informed care as described by the substance abuse and mental health services administration of the United States department of health and human services, or any successor agency, department, or governmental entity. b. Training. The department shall identify where trauma-informed care is appropriate and provide training for all appropriate staff on such care. Such training shall be consistent with standards developed by the substance abuse and mental health services administration of the United States department of health and human services. c. Usage. The department shall establish guidelines for the use of trauma-informed care consistent with standards developed by the substance abuse and mental health services administration of the United States department of health and human services. The department shall monitor staff to ensure that trauma-informed care is appropriately utilized in all city correctional facilities. d. Reporting. No later than 90 days from January 1 of each year, beginning in 2018, the department shall provide to the council and publish on its website an annual report regarding its use of trauma-informed care. Such report shall include but not be limited to information regarding the number of employees trained in such care, a description of the guidelines promulgated pursuant to subdivision c of this section, and any programing that utilizes trauma- informed care. Such report shall be stored permanently on the department's website and shall be provided in a format that permits automated processing where appropriate. Each report shall include a comparison of the current year to the prior five years, where such information is available. e. Transgender care. Correctional health services shall ensure that all medical and substance abuse professionals working with transgender individuals receive specialized training on transgender and gender-affirming care conducted by an individual or organization with expertise in the subject. (L.L. 2016/123, 10/28/2016, eff. 4/18/2017; Am. L.L. 2019/142, 7/27/2019, eff. 10/25/2019; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-146 Court appearance transportation for incarcerated individuals.

§ 9-146 Court appearance transportation for incarcerated individuals. a. By April 1, 2017 and upon gaining access to such database described in subdivision c of this section, the department shall, within 48 hours of admission of an incarcerated individual to the custody of the department, determine whether an incarcerated individual has any pending court appearances scheduled in New York city criminal court or the criminal term of New York state supreme court other than those appearances for cases for which such defendant is admitted to the custody of the department or that pertain solely to the payment of court surcharges. b. In complying with subdivision a of this section, the department shall: 1. notify the office of court administration that such incarcerated individual is in department custody upon determination of such court appearance, pursuant to subdivision a of this section; and 2. provide, as required by the court, transportation for every incarcerated individual for all such court appearances. c. The department shall make every effort to reach an agreement with the office of court administration to gain access by the department to a database maintained by the office of court administration related to court appearances scheduled in New York city criminal court or the criminal term of New York state supreme court. The requirements set forth in subdivisions a and b of this section shall apply only when the office of court administration reaches such agreement with the department. d. The department shall record, via body-worn or handheld camera, video, including audio, every interaction between incarcerated individuals and correction officers in which an incarcerated individual is informed about a scheduled court appearance and shall maintain a database with the video files created pursuant to this subdivision. All video recordings shall include the department informing an incarcerated individual that they have a court appearance, that they have the right to attend their court appearance, and the entirety of any response by the incarcerated individual or departmental intervention taken to gain compliance. e. If consent is provided to the department by an incarcerated individual, the department shall provide, within 3 business days to the defense attorney on record of such incarcerated individual, the video file of an interaction in which that incarcerated individual is informed that they have a court appearance and the entirety of any response by the incarcerated individual or departmental intervention taken to gain compliance, unless otherwise prohibited by law. f. The department shall independently establish, or establish by working with the office of court administration, a means by which real-time information regarding an incarcerated individual’s departure from their housing facility on the date of their scheduled court appearance can be communicated to the defense attorney on record of such incarcerated individual and, if necessary, the department shall make available a telephone number where such information can be obtained. g. No later than 30 days after the effective date of the local law that added this section, and monthly thereafter, the commissioner, in consultation with the relevant agencies, shall submit to the mayor and the speaker of the council and shall post conspicuously on the department’s website data on court production. Such data must include the total number of court production videos stored in the department’s database and the total number of court production videos provided to defense counsel pursuant to subdivision e. The data must also include the number of scheduled court appearances for incarcerated individuals in a court facility, as well as virtual court appearances. This data shall be further disaggregated by: 1. The total number of scheduled court appearances, disaggregated by housing facility and venue of the scheduled court appearance; 2. The total number of individuals that were delivered to the court facility on the date of their scheduled court appearance, disaggregated by housing facility and venue of the scheduled court appearance; 3. The total number of individuals who were not delivered to the court facility on the date of their court appearance disaggregated by housing facility and venue of the scheduled court appearance, and the reason the individual was not delivered to the court facility; 4. The total number of individuals with an on-site court appearance that were delivered to the court facility before 10:00 a.m. on the day of their scheduled court appearance, disaggregated by venue of the scheduled court appearance; 5. The total number of individuals with an on-site court appearance that were delivered to the court facility between 10:00 a.m. and 12:00 p.m. on the day of their scheduled court appearance, disaggregated by venue of the scheduled court appearance; 6. The total number of individuals with an on-site court appearance that were delivered to the court facility after 12:00 p.m. on the day of their scheduled court appearance, disaggregated by venue of the scheduled court appearance; 7. The total number of individuals for which use of force was required to compel the individual to be delivered to the court facility on the date of their scheduled court appearance, disaggregated by housing facility. (L.L. 2016/178, 12/22/2016, eff. 12/22/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2023/149, 11/5/2023, eff. 2/3/2024)

NYC Admin. Code § 9-147 Court appearance clothing for incarcerated individuals.

§ 9-147 Court appearance clothing for incarcerated individuals. Except as provided elsewhere in this section, the department shall provide every incarcerated individual appearing for a trial or before a grand jury with access to clothing in their personal property prior to transport for such appearance, and produce all such incarcerated individuals for such appearances in such clothing. If such clothing is not available, or if an incarcerated individual chooses not to wear their personal clothing, the department shall provide such incarcerated individual with new or gently used, size appropriate clothing of a kind customarily worn by persons not in the custody of the department, unless (i) such incarcerated individual chooses to wear the uniform issued by the department, or (ii) such incarcerated individual is required to wear such uniform by an order of the court. The department shall permit personal clothing to be delivered to an incarcerated individual during such time as packages are permitted to be delivered under title 40 of the rules of the city of New York or during reasonable hours the day before an incarcerated individual's scheduled appearance for a trial or before a grand jury. New or gently used, weather- and size-appropriate clothing of a kind customarily worn by persons not in the custody of the department shall be offered to any incarcerated individual released from the custody of the department from a court, unless the incarcerated individual is wearing the incarcerated individual's own personal clothing. (L.L. 2016/180, 12/22/2016, eff. 4/21/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-148 Bail payments and processing.

§ 9-148 Bail payments and processing. a. The department shall accept cash bail payments immediately and continuously after an incarcerated individual is admitted to the custody of the department, except on such dates on which an incarcerated individual appears in court other than an arraignment in criminal court. b. The department shall release any incarcerated individual for whom bail or bond has been paid or posted within the required time period of the later of such payment being made or the department's receipt of notice thereof, provided that if an incarcerated individual cannot be released within the required time period due to extreme and unusual circumstances then such incarcerated individual shall be released as soon as possible. Such timeframe may be extended when any of the following occurs, provided that the incarcerated individual's release shall be forthwith as that term is used in section 520.15 of the criminal procedure law: 1. The incarcerated individual receives discharge planning services prior to release; 2. The incarcerated individual has a warrant or hold from another jurisdiction or agency; 3. The incarcerated individual is being transported at the time bail or bond is paid or posted; 4. The incarcerated individual is not in departmental custody at the time bail or bond is paid or posted; 5. The incarcerated individual requires immediate medical or mental health treatment; or 6. Section 520.30 of the criminal procedure law necessitates a delay. c. The department shall accept or facilitate the acceptance of cash bail payments for incarcerated individuals in the custody of the department: (i) at any courthouse of the New York City Criminal Court, (ii) at any location within one half mile of any such courthouse during all operating hours of such courthouse and at least two hours subsequent to such courthouse's closing, or (iii) online. d. For the purposes of subdivision b, the term "required time period" means five hours beginning on October 1, 2017, four hours beginning on April 1, 2018, and three hours beginning on October 1, 2018. e. 1. No fee may be assessed on an online payment of bail, unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee. 2. No fee may be assessed on an in person payment of bail, unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee. (L.L. 2017/123, 7/22/2017, eff. 10/1/2017 and 1/22/2018; Am. L.L. 2019/089, 5/10/2019, eff. 11/10/2019 and 8/10/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-149 Admission delays.

§ 9-149 Admission delays. a. In order to facilitate the posting of bail, the department may delay the transportation of an incarcerated individual for admission to a housing facility for not less than four and not more than 12 hours following the incarcerated individual's arraignment in criminal court if requested by either the department or a not-for-profit corporation under contract with the city to provide pretrial and other criminal justice services, including interviewing adult defendants either before or after such persons are arraigned on criminal charges, has made direct contact with a person who reports that he or she will post bail for the incarcerated individual. b. Such delay is not permissible for any incarcerated individual who: 1. Appears or claims to have a health or mental health condition that requires attention during the time period of such delay, notwithstanding the requirements of title 8 of this code; 2. Appears to be physically incapacitated due to drug or alcohol intoxication; 3. Requests medical attention or appears to require immediate medical attention; 4. Has bail set in an amount of 10,000 dollars or more; or 5. States, upon being informed of the delay permissible pursuant to this section, that he or she will not be able to post bail within 12 hours or otherwise indicates that they do not wish to be subject to such delay. c. This section does not require the department to exceed the lawful capacity of any structure or unit, or require the department to detain incarcerated individuals in courthouse facilities during such times as correctional staff are not regularly scheduled to detain incarcerated individuals provided that the department must provide for the regular staffing of courthouse facilities for at least one hour after the last incarcerated individual was taken into custody on bail. d. Beginning July 1, 2018, the department or its designee shall submit to the council an annual report regarding the implementation of subdivisions a and b of this section. Such report shall include the following information: 1. The locations in which the department has implemented the provisions of this section; 2. In such locations, the number of incarcerated individuals whose admission to a housing facility was delayed pursuant to this section; 3. The number and percentage of such incarcerated individuals who posted bail during such delay and the number and percentage of such incarcerated individuals who posted bail during the two calendar days following such incarcerated individuals' arraignment; and 4. The number of incarcerated individuals whose admission to a housing facility was delayed and who required medical treatment during such period of delay. (L.L. 2017/124, 7/22/2017, eff. 9/20/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/124.

NYC Admin. Code § 9-150 Bail facilitation.

§ 9-150 Bail facilitation. Definitions. As used in this section, the following terms have the following meanings: Bail facilitator. The term "bail facilitator" means a person or persons whose duties include explaining to eligible incarcerated individuals how to post bail or bond, explaining the fees that may be collected by bail bonds companies, taking reasonable steps to communicate directly with or facilitate such individual's communication with possible sureties, and taking any other reasonable measures to assist such individuals in posting bail or bond. Eligible incarcerated individual. The term "eligible incarcerated individual" means a person in the custody of the department held only on bail or bond. Institutional defense provider. The term "institutional defense provider" means any private institutional legal services organization selected in accordance with section 13-02 of title 43 of the rules of the city of New York to represent indigent persons, or any successor provision thereto. a. Within 24 hours of taking custody of an eligible incarcerated individual, the department shall provide to such individual the following information in written form: (i) the individual's amount of bail or bond, (ii) the individual's New York state identification number or booking and case number or other unique identifying number, (iii) options for all forms of bail payment and all steps required for such payment, including the locations at which a surety may post bail and the requirements for so posting, and (iv) any other information relevant to assisting the individual in posting bail or bond. b. Within 24 hours of taking custody of eligible incarcerated individuals, the department shall notify such individuals that they may post their own bail. Within such time period, the department shall, to the extent practicable and in a manner consistent with officer safety and all applicable laws, offer such individuals the opportunity to obtain property, including personal contact information and financial resources, that such individuals may require for the purpose of posting bail and which is stored in such individual's personal property, provided that any member of the department who accesses such individual's property pursuant to this subdivision shall request access only for the purpose of facilitating posting bail. c. The department shall ensure that bail facilitators meet with all eligible incarcerated individuals within 48 hours of their admission to the custody of the department, that eligible incarcerated individuals have continued access to bail facilitators, and that bail facilitators are provided with reasonable resources necessary to fulfill their duties. d. Absent unusual circumstances, the following time periods shall apply to notifications given pursuant to this subdivision to eligible incarcerated individuals and their legal representatives: the department shall generate a list of eligible incarcerated individuals who are held solely due to a bail amount of less than $10 once before noon and once after noon every day of the week. Within three hours of generation of such a list, but no later than 24 hours after receipt of information from the office of court administration regarding the bail status of eligible incarcerated individuals, the department shall provide each eligible incarcerated individual who is held solely due to a bail amount of less than $10 with notice that such eligible incarcerated individual is held solely due to a bail amount of less than $10. Within ninety minutes of generation of such a list, the department shall consult a website maintained by the New York state unified court system that may contain information relating to such individual's legal representative. If such website identifies the legal representative of such individual and contains a telephone number for such legal representative, the department shall telephone such legal representative to inform them that such individual is held solely due to a bail amount of less than $10. If such website identifies an institutional defense provider as the legal representative of such individual, the department shall telephone or email such institutional defense provider within ninety minutes of generation of such a list to inform them that such individual is held solely due to a bail amount of less than $10, regardless of whether a telephone number or email address is identified on a website maintained by the New York state unified court system. (L.L. 2017/125, 7/22/2017, eff. 1/18/2018; Am. L.L. 2019/081, 5/10/2019, eff. 6/24/2019)

NYC Admin. Code § 9-151 Rikers Island education report.

§ 9-151 Rikers Island education report. a. Definitions. For the purposes of this section, the following terms shall have the following meanings: Adolescent. The term "adolescent" means any individual in the custody of the department who is 16 or 17 years old. Assault. The term "assault" means any action taken with intent to cause physical injury to another person. Department of education site. The term "department of education site" means any facility operated by the department of education that offers educational programming to incarcerated individuals, including but not limited to adolescents, and that is located on property under the control of the department of correction. Department of education staff. The term "department of education staff" means any employee of the department of education assigned to work in a department of education site. Educational programming. The term "educational programming" means any educational services offered to incarcerated individuals in the custody of the department of correction by the department of education. High school equivalency diploma test. The term "high school equivalency diplomacy test" means any test offered by the New York state education department for the purpose of establishing the equivalent of a high school diploma, including, but not limited to, a general education development test or the test assessing secondary completion. Individualized educational plan. The term "individualized educational plan" has the same meaning as is set forth in paragraph (1) of subsection (d) section 1414 of title 20 of the United States code and any regulations promulgated thereto. Staff. The term "staff" means department of correction uniformed staff. Use of force A. The term "use of force A" means a use of force by staff on an incarcerated individual resulting in an injury that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including those uses of force resulting in one or more of the following treatments/injuries: (i) multiple abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of consciousness; including a concussion; (viii) suture; (ix) internal injuries, including but not limited to, ruptured spleen or perforated eardrum; and (x) admission to a hospital. Use of force B. The term "use of force B" means a use of force by staff on an incarcerated individual which does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including the following: (i) a use of force resulting in a superficial bruise, scrape, scratch, or minor swelling; and (ii) the forcible use of mechanical restraints in a confrontational situation that results in no or minor injury. Use of force C. The term "use of force C" means a use of force by staff on an incarcerated individual resulting in no injury to staff or an incarcerated individual, including incidents where use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination. Young adult. The term "young adult" means any individual in the custody of the department who is 18, 19, 20 or 21 years old. b. As set forth below, the department of education and the department of correction shall produce annual reports on educational programming in department of education sites. Beginning no later than 90 days after the final day of the 2017-2018 school year, and no later than 90 days after each subsequent school year, each such department shall post the reports on its website, and provide a link in each such report to the report of the other department. c. The department of education report shall include, but need not be limited to, the following information, provided that no information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 students, or allows another category to be narrowed to between 1 and 5 students, the number shall be replaced with a symbol. The student age as of the final day of school enrollment or attendance will be used to categorize the student as an adolescent or young adult, for the purposes of this reporting. 1. The number of adolescents enrolled in educational programming. 2. The number of young adults enrolled in educational programming, and the percentage of such young adults so enrolled. Such percentage shall be calculated by averaging the number of young adults so enrolled on the final school day of each month divided by the number of young adults in the custody of the department of correction on such date. 3. The number of hours of compulsory educational programming afforded to adolescents on each school day, and an identification of the curriculum subject areas included in educational programming. 4. The number of hours of educational programming afforded to young adults on each school day, and an identification of the curriculum subject areas included in educational programming. 5. The number of adolescents and young adults whose educational programming is designed for the regents diploma and the number of adolescents whose educational programming is designed for a high school equivalency diploma test. 6. The number of 17-year-old adolescents who graduated from high school, and the number of young adults enrolled in educational programming who graduated from high school. 7. The number of 17-year-old adolescents to whom a high school equivalency diploma test was administered, and the number of young adults to whom a high school equivalency diploma test was administered. 8. The number of 17-year-old adolescents who passed a high school equivalency diploma test, and the number of young adults who passed a high school equivalency diploma test. 9. The functional levels of adolescents and young adults on tests such as the test of basic adult education or similar testing. The functional level may be calculated per the last test administered to the student each school year. 10. The number of incarcerated individuals enrolled in department of education sites, disaggregated by age. 11. The number and percentage of adolescents and young adults who are enrolled in educational programming for whom individualized education plans have been developed by the department of education. Such percentage shall be calculated by averaging the number of adolescents and young adults so enrolled on the final school day of each month divided by the respective number of adolescents and young adults in the custody of the department of correction on such date 12. The number of adolescents and young adults who have individualized educational plans and who are receiving special education services. 13. The number and percentage of adolescents and young adults enrolled in educational programming who are identified by the department of education as English language learner status as defined by the department of education. Such percentage shall be calculated by averaging the number of adolescents and young adults so enrolled on the final school day of each month divided by the respective number of adolescents and young adults in the custody of the department of correction on such date. 14. The numbers of teachers working at department of education sites, in total and disaggregated by those assigned to teach adolescents and young adults. 15. The number of department of education staff other than teachers assigned to work at department of education sites, in total and disaggregated by those working with adolescents and young adults. 16. The average class size for educational programming provided to adolescents by the department of education. 17. The number of adolescents participating in department of education vocational educational programming, the nature of such programming, and the number of such adolescents who complete such programming. 18. The number young adults enrolled in educational programming who are participating in department of education vocational educational programming, the nature of such programming, and the number of such young adults who complete such programming. 19. The average and median number of credits accumulated by adolescents enrolled in high school educational programming, and the average and median number of credits accumulated by young adults enrolled in high school educational programming. This paragraph shall only apply to those adolescents and young adults who had been in custody for a sufficient period during the reporting period to have earned credits, and the information in this paragraph shall be listed in total and by dividing the number of credits accumulated by the number of such adolescents and young adults. 20. The average and median rate of attendance in a department of education school for adolescent and young adults, upon their release from the custody of the department at six months and one year post-release. 21. The number of adolescents enrolled in physical education at department of education sites. 22. The number of unique assaults on department of education staff by incarcerated individuals. d. The department of correction report shall include, but need not be limited to, the following information, which shall be produced in a format that protects the privacy interests of incarcerated individuals, including but not limited to those who have juvenile records and sealed criminal records or are otherwise protected by state or federal law. The student age as of the incident date will be used to categorize the student as adolescent or young adult, for the purposes of this reporting. 1. The number of departmental infractions issued to adolescents at a department of education site, and the number of departmental infractions issued to young adults at a department of education school site, in total and disaggregated by the type of infraction, as defined by the department. 2. The number of students prevented from attending educational programming by the department of correction because of a behavioral issue or an assault. 3. The number of assaults on staff at a department of education site, in total and disaggregated by whether such assault was committed by an adolescent or young adult. 4. The number of incidents of use of force A at a department of education site, in total and disaggregated by whether such use of force was used on an adolescent or young adult. 5. The number of incidents of use of force B at a department of education site, in total and disaggregated by whether such use of force was used on an adolescent or young adult. 6. The number of incidents of use of force C at a department of education site, in total and disaggregated by whether such use of force was used on an adolescent or young adult. e. The report by the department of education shall include a report on plans, if any, to ensure the educational progress of students released from the custody of the department of correction. (L.L. 2017/168, 9/8/2017, eff. 9/8/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-152 Report on use of force investigations.

§ 9-152 Report on use of force investigations. a. Definitions. For purposes of this section, the following terms have the following meanings: Formal proceeding. The term "formal proceeding" means any formal proceeding before a tribunal, administrative judge, or other adjudicative body outside the department to adjudicate a disciplinary action pursuant to section 75 of the civil service law, including but not limited to proceedings before the New York city office of administrative trials and hearings. Incident. The term "incident" means any incident in which staff used force on an incarcerated individual. Staff. The term "staff" means any department of correction uniformed staff. b. Beginning August 31, 2018, and every year thereafter, the commissioner shall prepare a report on investigations into incidents for the previous fiscal year. This report shall be sent to the mayor and the speaker of the council, and posted on the department's website. This report shall include, but need not be limited to, the following information: 1. The number and rate in which the department investigated incidents. 2. The number and rate of incidents for which the department determined that staff violated a departmental rule or was otherwise subject to discipline, the type of incident that occurred, and the type of discipline recommended and actually imposed for such incidents. 3. To the extent applicable, information regarding the entities within the department that are responsible for conducting investigations into incidents, including the number, rate and speed at which such entities conduct and complete investigations. 4. To the extent applicable, the number of formal proceedings that occurred, and the outcomes of such proceedings. In any case in which the outcome of a formal proceeding was a recommendation to the commissioner for a certain type of sanction, the report shall include whether the recommended sanction was accepted, rejected or modified. 5. The number of investigations into incidents that were referred to a district attorney's office, the department of investigation, or any similar law enforcement entity. c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information or that would interfere with law enforcement investigations. (L.L. 2017/216, 12/1/2017, eff. 12/1/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

NYC Admin. Code § 9-153 Erroneous records.

§ 9-153 Erroneous records. The department shall make best efforts to provide records relating to an individual's period of incarceration necessary to rectify erroneous warrants within three business days of the request for such records. (L.L. 2018/025, 12/31/2017, eff. 1/30/2018)

NYC Admin. Code § 9-154 Telephone services to incarcerated individuals.

§ 9-154 Telephone services to incarcerated individuals. The city shall provide telephone services to individuals within the custody of the department in city correctional facilities at no cost to the individuals or the receiving parties for domestic telephone calls. The city shall not be authorized to receive or retain any revenue for providing telephone services. (L.L. 2018/144, 8/6/2018, eff. 5/3/2019; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022)

NYC Admin. Code § 9-155 Emergency lock-in report.

§ 9-155 Emergency lock-in report. a. Definitions. For the purposes of this section, the following terms have the following meanings: Continuous lock-in. The term "continuous lock-in" means any period of time in which incarcerated individuals are confined to their cells or beds due to the combination of an emergency lock-in and either a scheduled lock-in or a lock-in extension, or both. Department-wide emergency lock-in. The term "department-wide emergency lock-in" means any period of time during which incarcerated individuals are confined to their cells or beds throughout all department facilities, but shall not include any scheduled period of lock-in. Facility emergency lock-in. The term "facility emergency lock-in" means any period of time during which incarcerated individuals are confined to their cells or beds within all housing areas of an individual departmental facility, but shall not include any scheduled period of lock-in. Housing area emergency lock-in. The term "housing area emergency lock-in" means any period of time during which incarcerated individuals within an individual housing area within a facility are confined to their cells or beds, but shall not include any scheduled period of lock-in. Lock-in extension. The term "lock-in extension" means when a scheduled period of lock-in is extended. Mandated services. The term "mandated services" means incarcerated individual services required to be provided pursuant to local law or rule, including but not limited to access to: law library, recreation, religious services, sick call, visits, and educational services. Partial facility emergency lock-in. The term "partial facility emergency lock-in" means any period of time during which incarcerated individuals are confined to their cells or beds within a segment of an individual departmental facility, but shall not include any scheduled period of lock-in. Any emergency lock-in that includes periods of full facility emergency lock-in and partial facility emergency lock-in shall be considered a full facility emergency lock-in. Scheduled period of lock-in. The term "scheduled period of lock-in" means (1) during the evening, for an incarcerated individual count or for sleeping time, a period not to exceed 8 hours within any 24-hour period, (2) during the day, for an incarcerated individual count or for required facility business that can only be carried out when incarcerated individuals are locked in, a period not to exceed 2 hours within any 24-hour period, and (3) for any other period of regularly scheduled lock-in permitted by applicable law or board of correction rules pertaining to specialized housing areas. Nothing in this section invalidates or affects existing or future laws or board of correction rules regarding the extension of a scheduled period of lock-in. b. Sixty days after the end of the quarter beginning April 1, 2019, and no later than the sixtieth day after the end of each subsequent quarter, the department shall post on its website a report containing information pertaining to emergency lock-ins that occurred during the preceding quarter. All data shall be submitted in a machine readable format. Such report shall include: 1. the number of department-wide emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; 2. the number of facility emergency lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; 3. the number of lock-in extensions disaggregated by facility and housing area, in total and disaggregated by housing area type and reason for lock-in extension; 4. the number of partial facility emergency lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; 5. the number of housing area emergency lock-ins disaggregated by facility and housing area, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and the housing area type; 6. the mean and median number of incarcerated individuals housed in areas affected by housing area emergency lock-ins disaggregated by facility, in total and disaggregated by the housing area type; 7. the mean and median duration of emergency lock-ins disaggregated by department-wide emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; facility emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; partial facility emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; and housing area emergency lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and housing area type; 8. the number of times mandated services are affected by an emergency lock-in or lock in extension, disaggregated by service type; 9. the mean and median duration of continuous lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and the housing area type; and 10. the number of times that the duration of a continuous lock-in exceeds 24 hours, disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and the housing area type. c. Sixty days after January 1, 2020, and no later than the sixtieth day after the end of each subsequent year, the department shall post on its website a report containing the information from paragraphs 1 through 10 of subdivision b of this section for the preceding year. All data shall be submitted in a machine readable format. d. The information required by subdivisions b and c of this section shall be compared to the previous four reporting periods, and stored permanently, and accessible from the department's website. (L.L. 2018/164, 10/13/2018, eff. 10/13/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/164.

NYC Admin. Code § 9-156 Sexual abuse reporting.

§ 9-156 Sexual abuse reporting. a. Definitions. For purposes of this section, the following terms have the following meanings: Correctional health authority. The term "correctional health authority" means the entity responsible for the delivery of health and mental health services to incarcerated individuals in the custody of the department. Facility investigation. The term "facility investigation" means any investigation of an incident conducted by staff within a departmental facility but does not include an investigation conducted by the investigation division. Gender non-conforming. The term "gender non-conforming" describes a person who presents in a way that does not conform with traditional gender expectations. Investigation division. The term "investigation division" means any departmental unit responsible for investigating allegations of staff misconduct. Non-binary. The term "non-binary" describes a person who does not identify as male or female. Sexual abuse. The term "sexual abuse" includes sexual abuse of an incarcerated individual by staff or sexual abuse by an incarcerated individual. Sexual abuse by staff of an incarcerated individual. The term "sexual abuse by staff" includes any of the following acts conducted by staff, with or without consent of the incarcerated individual, including when such acts occur during the course of an otherwise authorized search procedure: (1) contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) contact between the mouth and the penis, vulva, or anus; (3) contact between the mouth and any body part where the staff member has the intent to abuse, arouse, or gratify sexual desire; (4) penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument; (5) any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks where the staff member has the intent to abuse, arouse, or gratify sexual desire; and (6) any attempt to engage in the acts described in paragraphs (1) through (5) of this definition. Sexual abuse by an incarcerated individual. The term "sexual abuse by an incarcerated individual" includes any of the following acts if the victim and perpetrator are both incarcerated individuals, and if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse: (1) contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) contact between the mouth and the penis, vulva, or anus; (3) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and (4) any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation. Sexual harassment. The term "sexual harassment" includes (1) any unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature; and (2) any verbal comments or gestures of a sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. Staff. The term "staff" means an employee who works directly for the department. b. Incident report. Within 90 days of July 1, 2025 and every six months thereafter, the department shall provide to the speaker of the council and the board of correction a report of alleged incidents of sexual abuse and sexual harassment that occurred, or for which an investigation was pending, during the preceding six-month period. All data shall be reported in a format capable of automated processing. Such report shall include a table with a unique identification number and the following information for each such incident, set forth in separate columns: 1. The date on which the incident occurred and whether the incident took place between the times of 7:00 a.m. and 3:00 p.m., 3:00 p.m. and 11:00 p.m., and 11:00 p.m. and 7:00 a.m.; 2. Whether the allegation is of sexual abuse or sexual harassment as defined in subdivision a of this section; 3. The date the incident was reported; 4. The gender identity of the alleged victim; 5. Whether the alleged victim at the time of the incident was between the ages of 18 - 25, 26 - 35, 36 - 40, 41 - 60, or over 60; 6. The race of the alleged victim; 7. Whether the alleged victim had been in custody for more than 24 hours and who, during such confinement, received treatment for a mental illness, not including incarcerated individuals seen by mental health staff on no more than two occasions during their confinement and assessed on the latter of those occasions as having no need for further treatment in any city correctional facility or upon their release from any such facility; 8. The gender identity of the alleged perpetrator; 9. Whether the alleged perpetrator was an incarcerated individual or staff; 10. If the alleged perpetrator was staff, the number of previous allegations against such staff that were substantiated and the outcome of each investigation; 11. If the alleged perpetrator was staff, the number of previous allegations against such staff that were unsubstantiated; 12. If the alleged perpetrator was staff, the number of previous allegations against such staff which are still pending; 13. The facility in which the incident occurred; 14. Whether the incident occurred in a service area or housing area; 15. If the incident occurred in a housing area, the housing area type; 16. Whether video camera surveillance recorded the incident; 17. The type of sexual abuse or harassment as defined in subdivision a of this section; 18. Whether the alleged victim is known to identify as lesbian, gay or bi-sexual; 19. Whether DNA or any other physical evidence was obtained; 20. Whether a rape kit was administered, declined or not applicable; 21. If a rape kit was deemed not applicable, whether that determination was the result of a delay in reporting, due to the type of abuse alleged to have occurred, or any other reason; 22. Whether the case was referred to the department of investigation, the date of such referral, and whether the department of investigation referred it back to the department of correction to investigate. 23. Where an investigation of such incident was opened, the date the investigation was opened; 24. Where an investigation of such incident was opened and subsequently closed, the date the investigation was closed; 25. Whether the department determined that the incident was substantiated, unsubstantiated, or unfounded; 26. Whether the allegation was referred to a district attorney’s office; 27. Where an investigation of such incident was opened, whether the alleged victim was notified regarding the outcome of the investigation; 28. Whether the alleged victim was referred to trauma or rape crisis services following the incident; 29. Where an investigation of such incident was opened, whether the alleged perpetrator and alleged victim were separated from physical contact during pendency of the investigation; 30. For substantiated allegations, if the perpetrator was a staff person, whether during the pendency of the investigation such staff person resigned, was suspended, placed on modified duty, assigned to a post without contact with incarcerated individuals, assigned to a post with restricted contact with incarcerated individuals, placed on administrative leave, or administered any other form of discipline; 31. For substantiated allegations, whether the allegation was referred for disciplinary action, including whether the department declined to file disciplinary charges, or if disciplinary charges were filed, the outcome of such disciplinary proceeding and whether the alleged staff perpetrator resigned or retired in lieu of charges or as part of a negotiated plea; and 32. For substantiated allegations that were not referred to a district attorney’s office, the reason the allegation was not referred to such an office. c. Notwithstanding any other provision of law, the report required by subdivision b shall not be transmitted in electronic format to the department of records and information services or made available to the public on or through such department’s website. d. Aggregate report. Within 90 days of July 1, 2025, and every six months thereafter, the department shall post on its website the information required in subdivision b of this section in the aggregate, including the number and percentage of each data point, provided that such information that cannot be aggregated need not be included in such report. Such aggregated reports shall include the number of cases pending for over 90 days. Such reports shall be stored on the department's website for at least ten years. e. Unless otherwise precluded by law, the correctional health authority shall assist the department in collecting the data enumerated in subdivisions b and c of this section. f. The department shall review this incident data in order to assess and improve the effectiveness of its sexual abuse and sexual harassment prevention, detection, and response policies, practices, and training by identifying problem areas and trends, taking corrective action on an ongoing basis and providing a semiannual assessment report to the council on its findings and corrective actions for each facility, as well as the department as a whole. Such semiannual assessment report shall also review the need for policy and practice changes, assess whether vulnerable populations are particularly at risk and review whether staffing levels are adequate, whether investigation practices need to be revised and whether monitoring technology needs to be deployed or improved. Such semiannual assessment report shall include a comparison of the current six months' data and corrective actions with those from the prior six months and shall provide an assessment of the department's progress in addressing sexual abuse and sexual harassment. Such a report shall be provided to the public and to the speaker of the council within 90 days following the end of each reporting period starting on July 1, 2019 and every six months thereafter. g. The department shall ensure that all data collected pursuant to this section is securely retained, and shall retain such data indefinitely after the date of the initial collection unless federal or state law requires otherwise. h. The department shall report the information required pursuant to this subdivision notwithstanding any other provision of local law. Before making data collected pursuant to this section available to the speaker of the council, board of correction, and the public, the department shall remove an individual's name, all personal identifying information as defined by subdivision (a) of section 10-501, and any other information the disclosure of which would violate any federal or state laws. i. The department shall collect, manage, and store all information required pursuant to this section electronically. (L.L. 2019/021, 1/20/2019, eff. 1/20/2019; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022; Am. L.L. 2025/024, 3/15/2025, eff. 7/13/2025; Am. L.L. 2025/033, 3/29/2025, eff. 3/29/2025)

NYC Admin. Code § 9-156.1 Reporting on sexual assault and sexual harassment of staff.

§ 9-156.1 Reporting on sexual assault and sexual harassment of staff. a. Definitions. For purposes of this section, the following terms have the following meanings: Commissioner. The term “commissioner” means the commissioner of correction. Correctional health services. The term “correctional health services” has the same meaning as set forth in section 9-108. Department. The term “department” means the department of correction. Gender identity. The term “gender identity” has the same meaning as set forth in section 9-165. Personal information. The term “personal information” has the same meaning as set forth in subdivision a of section 10-501. Reporting period. The term “reporting period” means January 1 through June 30 of a year, or July 1 through December 31 of a year. Sexual assault of staff. The term “sexual assault of staff” means any non-consensual physical conduct of a sexual nature by an incarcerated individual toward or against staff, including but not limited to patting, rubbing, kissing, grabbing, pinching, or touching. Sexual harassment of staff. The term “sexual harassment of staff” means any of the following acts conducted by an incarcerated individual toward or against staff: (i) verbal comments or obscene gestures of a sexual nature, including sexually suggestive remarks, jokes, innuendos or leering; (ii) intentional touching of the incarcerated individual’s own body in plain view of staff, in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense; and (iii) any act made by an incarcerated individual to request, solicit, or otherwise encourage staff to engage in sexual activity. Staff. The term “staff” means a natural person, other than an incarcerated individual, who works directly for the department or correctional health services. b. Incident report. No later than February 15, 2026, and every 6 months thereafter, the department shall submit to the mayor, the speaker of the council, and the board of correction a report on alleged incidents of sexual assault of staff and sexual harassment of staff that occurred, or for which an investigation was pending, during the preceding reporting period. All data in such report shall be reported in a machine-readable format. Such report shall include a table with information about each alleged incident of sexual assault of staff or sexual harassment of staff that occurred during the preceding reporting period in each row. Such information shall include, but need not be limited to: 1. A unique identification number for such incident; 2. Whether the incident related to an allegation of sexual assault of staff, and if so, any specific alleged conduct that violated the department’s person in custody rulebook; 3. Whether the incident related to an allegation of sexual harassment, and if so, any specific alleged conduct that violated the department’s person in custody rulebook; 4. The month in which such incident occurred; 5. Whether the staff who was the alleged victim of such incident was civilian or uniformed staff at the time of such incident; 6. Whether such incident took place between the times of 7:00 a.m. and 3:00 p.m., 3:00 p.m. and 11:00 p.m., or 11:00 p.m. and 7:00 a.m.; 7. The gender identity of the staff who was the alleged victim of such incident; 8. The gender identity of the alleged perpetrator of such incident; 9. The facility of the department in which such incident occurred; 10. Whether such incident occurred in a service area or housing area of such facility; 11. For any such incident that occurred in a housing area, the type of housing area; 12. Whether the department’s video camera surveillance recorded such incident; 13. Whether the department collected any physical evidence from or related to such incident; 14. Whether the department assisted the staff who was the alleged victim of such incident in obtaining a rape kit following the incident, including, but not limited to, by making referrals for treatment or providing stipends; 15. The number of days between such incident and the date such incident was reported to the department; 16. Whether the department opened an investigation of such incident, and, if so, the number of days between such incident and the date the department opened such investigation; 17. Whether the alleged perpetrator and the alleged victim were separated from physical contact during the pendency of such investigation; 18. Whether such investigation is pending or has been closed at the time of submission of such report; 19. The outcome of any investigation related to the alleged incident, including but not limited to, any discipline or penalties imposed on the alleged perpetrator; 20. Whether the department referred such incident to the district attorney, and if so, the number of days between such incident and the date the department made such referral; 21. Whether the alleged perpetrator of such incident was re-arrested following the incident, and if so, the number of days between such incident and such arrest; and 22. Whether the alleged victim was notified regarding the outcome of any investigation related to the incident. c. In accordance with applicable law, correctional health services shall assist the department in collecting the information required to be reported under this section. d. Notwithstanding any other provision of law, the report required by subdivision b shall not be transmitted in electronic format to the department of records and information services or made available to the public on or through such department’s website. (L.L. 2025/023, 3/15/2025, eff. 7/13/2025)

NYC Admin. Code § 9-156.2 Mental health resources for correctional staff.

§ 9-156.2 Mental health resources for correctional staff. a. Definitions. For purposes of this section, the following terms have the following meanings: Commissioner. The term “commissioner” means the commissioner of correction. Sexual assault of staff. The term “sexual assault of staff” means any non-consensual physical conduct of a sexual nature by an incarcerated individual toward or against staff, including but not limited to patting, rubbing, kissing, grabbing, pinching, or touching. Sexual harassment of staff. The term “sexual harassment of staff” means any of the following acts conducted by an incarcerated individual toward or against staff: (i) verbal comments or obscene gestures of a sexual nature, including sexually suggestive remarks, jokes, innuendos or leering; (ii) intentional touching of the incarcerated individual’s own body in plain view of staff, in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense; and (iii) any act made by an incarcerated individual to request, solicit, or otherwise encourage staff to engage in sexual activity. Staff. The term “staff” means an individual, other than an incarcerated individual, who works directly for the department. b. The department shall provide to staff access to mental health resources relating to reducing stress and other adverse mental health impacts for persons working in correctional facilities. In providing such access, the department shall consider guidance and any best practices established by the national institute of corrections. Such resources shall include, but need not be limited to, confidential mental health counseling to address the impacts of sexual assault of staff and sexual harassment of staff. c. The commissioner shall provide information about the availability of such resources on the department’s website. The commissioner shall electronically communicate such information to staff, and shall post such information in conspicuous locations in facilities of the department. (L.L. 2025/023, 3/15/2025, eff. 7/13/2025)

NYC Admin. Code § 9-157 Housing requests related to gender identity.

§ 9-157 Housing requests related to gender identity. a. On or before January 1, 2020, the department shall issue an incident level report to the speaker of the council and the board of correction on applications for housing in dedicated housing units that includes transgender, gender non-binary, and intersex individuals made during the six-month period preceding the date of issuance of such report. Such report shall include the following information for each such application: the outcome of such request; the length of time between such application and a decision on such application; if such request was denied, the reason for such denial in categories defined by the department; if an appeal was filed, the outcome of such appeal and the length of time between the filing of such appeal and the response to such appeal. Before submitting such reports, the department shall remove all personal identifiers. Any individually identifiable information contained in such reports shall not be publicly disclosed except as required by law or with the written consent of the person who is the subject of the information, or that person's authorized representative. Notwithstanding any other provision of law, the reports required by this subdivision are not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and are not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site. b. On or before January 1, 2020, the department shall publish on its website a report on applications for housing in a dedicated housing unit that includes transgender, gender non-binary, and intersex individuals made during the six-month period preceding the date of issuance of such report. Such report shall include the number of such applications, the number of such applications that were granted, and the number of applications denied, the number of such applications that were appealed, and the outcomes of such appeals. Such report shall be submitted in a machine readable format, compared to the previous four reporting periods, and stored permanently on the department's website. (L.L. 2019/144, 7/27/2019, eff. 7/27/2019)

NYC Admin. Code § 9-158 Mental health treatment for transgender, gender nonconforming, non-binary, and intersex individuals.

§ 9-158 Mental health treatment for transgender, gender nonconforming, non-binary, and intersex individuals. The department shall ensure that any housing unit where transgender, gender nonconforming, non-binary, and intersex individuals are housed has access to the same mental health treatment as units housing other incarcerated individuals. (L.L. 2019/142, 7/27/2019, eff. 10/25/2019)

NYC Admin. Code § 9-159 Guiding principles for new correctional facilities.

§ 9-159 Guiding principles for new correctional facilities. a. Definitions. As used in this section, the following terms have the following meanings: Dormitory. The term "dormitory" means a unit which houses multiple individuals. This term shall have the same meaning as the term "multiple occupancy housing unit". Housing unit. The term "housing unit" means a structure or part of a structure that contains single occupancy housing units or multiple occupancy housing units, as those terms are defined in the rules of the New York state commission of correction. Living quarters. The term "living quarters" means an individual occupancy housing unit as defined in section 7040.4 of title 9 of the compilation of codes, rules and regulations of the state of New York or any successor provision. Kitchenette. The term "kitchenette" means a space equipped to be used for heating food and water. b. Every city correctional facility under the sole jurisdiction and control of the department built after the effective date of the local law that added this section shall comply with the following requirements: 1. Design requirements. Each such facility shall be designed, where practicable, in a manner that deprioritizes an institutional appearance and the use of bars. 2. General requirements. Each such facility shall include: (a) a call button or telephone in each room that incarcerated individuals may use to contact staff; (b) infrastructure that provides internet capability, subject to security and safety protocols of the department; (c) designated spaces for re-entry services and programming, with sufficient space and infrastructure to accomplish the purposes of the services offered therein; (d) access to clinical space for each housing unit, with 24 hour access to emergency response; (e) systems that provide heating and air conditioning; (f) visiting spaces, waiting areas, and other spaces in which visitors frequent that include an area that is suitable for children; and (g) an outdoor recreation area. 3. Individual living quarters. Each individual living quarter in such facility shall: (a) be no less than 75 square feet (6.97 square meters) in total area and no less than six feet (1.83 meters) in any direction; (b) contain a functioning toilet, sink with potable water, single bed, and a closeable storage container for personal property for a single person; (c) have at least one window with access to natural light. The total area of all windows in each living quarter shall be a least one-tenth the floor area of such room; (d) contain no more than one single bed and house no more than one person; and (e) contain at least one light that can be turned on and off. 4. Dormitories. Each dormitory in such facility shall: (a) be equipped with a sufficient number of toilets and sinks, and provide showers in accordance with the minimum standards of the New York city board of correction and the guidelines of the New York state commission of correction for multiple occupancy housing units; (b) have at least one window with access to natural light in each living space within such dormitory. The total area of all windows in each dormitory shall be a least one-tenth the floor area of such space; and (c) contain a minimum of 75 square feet (6.97 meters) of floor space per person in the sleeping area. 5. Housing units. Each housing unit in such facility shall (a) include a recreation area with access to fresh air and natural light; and (b) contain a kitchenette. 6. Bathrooms shall be accessible at all times to individuals housed in each such facility. c. The department shall digitize paper-based communications and ensure that correctional facilities built after the effective date of the local law that added this section are wired in such a fashion to allow for such electronic communications. Such communication shall include but not be limited to (1) the location of incarcerated individuals, (2) communications between staff, (3) the filing of grievances, and (4) communications regarding bail status, in accordance with standards set by correctional oversight agencies. d. This section is not intended to encompass the entirety of standards to apply to jail facilities. (L.L. 2019/194, 11/17/2019, eff. 3/16/2020)

NYC Admin. Code § 9-160 Reports during public health emergencies.

§ 9-160 Reports during public health emergencies. a. Definitions. For the purposes of this section, the following terms have the following meanings: Application for compassionate release. The term "application for compassionate release" means an application submitted, with the consent of the incarcerated individual, by correctional health services to the incarcerated individual's defense attorney to be used to request that a court release the incarcerated individual. Cumulative infections. The term "cumulative infections" means the total number of positive infections of people who have been incarcerated during a given public health emergency, regardless of whether those individuals have been discharged after being confirmed positive while in the department's custody. Infection. The term "infection" means any infection that is the subject of a public health emergency. Public health emergency. The term "public health emergency" means any declared state of emergency made in response to an outbreak of an infectious disease. Staff. The term "staff" means civilian and uniform staff of the department of correction and correctional health staff. b. During the duration of any public health emergency, the department and correctional health services shall submit to the speaker of the council, and make publicly available on the correctional health services website, a weekly report related to the outbreak of infectious diseases in city jails. Such report shall be submitted in a machine-readable format and stored permanently on correctional health services' website, and include the following information for each day in the preceding week: 1. The number of incarcerated individuals tested for the infection, disaggregated by each day starting from the first day of the announcement of the public health emergency, or for the COVID-19 pandemic, each day starting from March 13, 2020, in total and disaggregated by whether such tests were positive, negative, or pending results. For those dates following the effective date of the local law that added this section, the number of incarcerated individuals tested for the infection shall be further disaggregated by the reason the test was administered; 2. The number of incarcerated individuals currently diagnosed with the infection; unless otherwise reported by the board of correction; 3. The number of currently incarcerated individuals who have been diagnosed with the infection but are no longer contagious; 4. The number of tests administered to incarcerated individuals; 5. The cumulative number of unique incarcerated individuals who have been tested for the infection, disaggregated by whether test results were positive or negative; 6. Cumulative number of tests administered, disaggregated by whether test results were positive or negative; 7. The cumulative number of staff who voluntarily self reported to be medically confirmed with the infection; disaggregated by whether such infections were of uniform, civilian, or correctional health staff; unless otherwise reported by the board of correction. 8. The total number of staff employed by the department, disaggregated by uniform and non-uniform staff; and further disaggregated by out sick and not out sick; 9. The number of deaths of incarcerated individuals related to the infection; 10. The cumulative number of incarcerated individuals provided applications for compassionate release, in total and disaggregated by number of such individuals released; 11. The number of incarcerated individuals known to correctional health services to be hospitalized due to the infection; 12. The cumulative number of incarcerated individuals known to correctional health services to be hospitalized due to the infection; 13. The number of people in custody with a serious mental illness; and c. During the duration of any public health emergency, the department of correction shall provide a weekly report related to the outbreak of infectious diseases in city jails to the board of correction and to the speaker. Such reports shall include, for the previous week and the previous month: 1. The number of individuals incarcerated solely on a definite sentence, disaggregated by how many such individuals have 30 or fewer, 31 - 60, and 60 - 90 days remaining to serve on such sentence; 2. The number of individuals incarcerated solely on a definite sentence, disaggregated by which individuals have been deemed medically vulnerable by correctional health services. 3. The number of calls made to any correctional health services phone number designed to handle calls from incarcerated individuals, and the number of voice messages left on such phone number; d. Correctional health services in collaboration with the department of correction shall provide and ensure the distribution of a weekly written communication to persons in custody including information about the public health emergency and a frequently asked questions section. e. During the duration of a public health emergency, the department and correctional health services shall submit to the speaker of the council, and make publicly available on the department's website, a timeline of significant events related to the public health emergency, including but not limited to general criteria for testing and discharge planning related to the public health emergency. Such a timeline shall be updated weekly. f. Privacy. Reports required pursuant to this section shall not contain identifying information as defined in section 23-1201 of the administrative code of the city of New York. If a category to be reported contains fewer than ten individuals or contains an amount that would allow another category that contains fewer than ten individuals to be deduced, the number shall be replaced with a symbol. (L.L. 2020/059, 6/29/2020, eff. 6/29/2020)

NYC Admin. Code § 9-161 Doula services.

§ 9-161 Doula services. a. Definitions. For purposes of this section, the term "doula" means a trained person who provides continuous physical, emotional and informational support to a pregnant person and the family before, during or shortly after childbirth, for the purpose of assisting a pregnant person through the birth experience; or a trained person who supports the family of a newborn during the first days and weeks after childbirth, providing evidence-based information, practical help and advice to the family on newborn care, self-care and nurturing of the new family unit. b. The department shall retain an organization to make at least two doulas at any given time available to provide doula services twice a week, for four hours, at all department facilities that house incarcerated persons who identify as female, as well as to provide doula services during labor and delivery, upon request. c. The department shall ensure that doula services are available at a frequency to be determined by factors including available department resources and exigent circumstances. The department shall permit doulas to access the nursery, as defined in section 9-142, to access areas where programming is typically provided and to accompany incarcerated individuals to medical appointments, upon request. All known pregnant individuals in the custody of the department are permitted to utilize doula services in labor, delivery and postpartum rooms. Prior to their entry into a departmental facility, doulas shall be subject to the department's service provider processing security clearance protocol. d. No later than January 15, 2023 and every six months thereafter, the department shall provide to the speaker of the council and publish on its website, in a machine readable format, a report on the number of doula service hours provided, the types of services provided, and the number of incarcerated individuals served in the previous six month period. e. No later than January 31, 2023, the commissioner of correction shall convene a working group composed of the speaker of the city council or the speaker's designee; commissioner of correction or the commissioner's designee; representatives from the department of health and mental hygiene; representatives from the organization providing doula services pursuant to subdivision b of this section; and department staff who regularly work on programming for incarcerated persons who identify as female. Until August 31, 2029, the working group shall meet every six months to review the reports required by subdivision d of this section, review relevant reports issued by the organization providing doula services, consider any reports issued by city agencies regarding maternal health and discuss improving communication, collaboration and efficiency related to pregnant individuals in custody. After September 1, 2029, the working group shall meet at least once a year to review relevant the reports required by subdivision d of this section, review relevant reports issued by the organization providing doula services, consider any reports issued by city agencies regarding maternal health and discuss improving communication, collaboration and efficiency related to pregnant individuals in custody. (L.L. 2021/095, 9/26/2021, eff. 1/24/2022)

NYC Admin. Code § 9-162 Commissary accounts of incarcerated individuals.

§ 9-162 Commissary accounts of incarcerated individuals. a. When an incarcerated individual is released from custody in a departmental facility, the department shall, as part of the discharge process, assist the individual in receiving unused commissary funds. Such assistance shall be given in a language the incarcerated individual can understand and shall include but not be limited to providing such individual, orally and in writing, information on the amount of commissary funds remaining in their account, how to obtain such funds and the locations at which they can immediately receive up to $200 in cash of such funds. For the purposes of this section, the term "commissary funds" has the same meaning as the term "prisoner funds" set forth in subdivision f of section 500-c of the correction law and in section 7016.2 of title 9 of the New York code of rules and regulations, or any successor provisions of such law or rules. b. Immediately upon request from a formerly incarcerated individual at a location at which commissary funds are made available, the department shall return up to $200 of such funds in cash, and any funds to which such individual is entitled that exceed $200 shall be distributed by check and sent by mail if all necessary information, including a name and mailing address, is provided by such individual. The department shall also make such checks available to be retrieved by the formerly incarcerated individual in person at the cashier window within three business days of receiving a request from a formerly incarcerated individual. Such formerly incarcerated individual will have 90 days to retrieve such check in person. If such individual does not pick up the check within 90 days, the individual may request a new check to be issued. The department shall attempt to contact the formerly incarcerated individual if such individual does not pick up the check within 90 days and notify such individual that they may request a new check to be issued. Such individual must pick up the new check within 90 days. c. No formerly incarcerated individual receiving unused commissary funds shall pay any fee in connection with the procedures established in accordance with this section for receiving such funds. d. No later than December 1, 2022, the department shall establish a plan, upon consultation with the agency or agencies designated by the mayor, for raising awareness regarding the procedures by which formerly incarcerated individuals can obtain commissary funds and for retrieving information necessary to return such funds to such individuals. The department shall make reasonable efforts to return unused commissary funds to their rightful owners. e. No later than May 31, 2023 and by May 31 of each subsequent year thereafter, the department shall report to the council and post permanently on its website a report of the aggregate amount of commissary funds remaining in the accounts of all individuals who are no longer in the custody of the department, the number of such accounts and efforts made in each year to return any unclaimed funds during the reporting period. (L.L. 2021/160, 12/24/2021, eff. 6/22/2022)

NYC Admin. Code § 9-163 Medical care and outcomes for incarcerated pregnant persons.

§ 9-163 Medical care and outcomes for incarcerated pregnant persons. a. Definitions. For purposes of this section, the following terms have the following meanings: Department. The term “department” means the New York city department of correction. Maternal mortality. The term “maternal mortality” means the death of a person that occurs during pregnancy, or within one year from the end of pregnancy, regardless of the duration of such pregnancy. Pregnancy-associated death. The term “pregnancy-associated death” means the death of a person from any cause during pregnancy or within one year from the end of pregnancy. Pregnancy-related death. The term “pregnancy-related death” means the death of a person (i) during pregnancy or within one year from the end of pregnancy that (ii) is due to a pregnancy complication, a chain of events initiated by pregnancy or the aggravation of an unrelated condition by the physiologic effects of pregnancy. Relevant agencies. The term “relevant agencies” includes the department of health and mental hygiene, New York city health and hospitals corporation, any successor of an agency specified in this definition and any other agency that the service deems relevant. Service. The term “service” means correctional health services, as defined in section 9-108. b. Report. By no later than 90 days after the effective date of the local law that added this section, and every fifteenth day of February thereafter, correctional health services, in consultation with the relevant agencies, shall submit a report to the mayor and the speaker of the council and post such report on its website based on data from the prior calendar year. Such report shall include, but need not be limited to: 1. The number of pregnant persons in the custody of the department; 2. The number of incarcerated pregnant persons whose pregnancy resulted in a live birth while in the custody of the department; 3. The number of incarcerated pregnant persons whose pregnancy resulted in a miscarriage while in the custody of the department; 4. The number of incarcerated pregnant persons whose pregnancy resulted in a still birth while in the custody of the department; 5. The number of maternal mortalities known to the service while in the custody of the department; 6. The number of maternal mortalities while in the custody of the department considered to be a pregnancy-associated death, if information necessary to make such determination is available to the service; 7. The number of maternal mortalities while in the custody of the department considered to be a pregnancy-related death, if information necessary to make such determination is available to the service; 8. The number of persons in the custody of the department receiving prenatal care; and 9. The number of persons in the custody of the department receiving postnatal care. c. Confidentiality. The service shall report information required by subdivision b of this section in a manner that does not jeopardize the confidentiality of an incarcerated pregnant person. (L.L. 2023/072, 6/11/2023, eff. 6/11/2023)

NYC Admin. Code § 9-164 Civil service examinations.

§ 9-164 Civil service examinations. a. The commissioner of citywide administrative services, in collaboration with the commissioner, shall administer civil service examinations for individuals incarcerated for a period of 10 days or longer in any city correctional facility. The commissioner of citywide administrative services, in consultation with the commissioner, shall determine the location of the administration of such examinations. Any such individual who meets the minimum qualifications required to sit for a civil service examination shall be permitted to take such examination, absent any significant overriding security concern or exigent circumstances, provided that such individual shall be offered a makeup examination when such concern or circumstances are no longer present. The department shall make available study materials and practice examinations, as practicable, to such individuals. b. The commissioner, in collaboration with the commissioner of citywide administrative services, shall make available information regarding civil service examinations to individuals incarcerated for a period of 10 days or longer in any city correctional facility, including basic or introductory civil service information sessions; information regarding the examination process, including how to apply for an examination; and any existing schedule of civil service examinations. c. The department shall make available for individuals incarcerated for a period of 10 days or longer in any city correctional facility written information related to in-person assistance sessions at borough-based civil service examination testing centers, including information regarding individual examination applications and civil service examinations. Such information shall also be made available to such individuals upon release from the custody of the department. (L.L. 2023/113, 8/13/2023, eff. 8/13/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/113.

NYC Admin. Code § 9-165 Reporting on gender identity.

§ 9-165 Reporting on gender identity. a. Definitions. As used in this section, the following terms have the following meanings: Department. The term “department” means the department of correction. Discrimination. The term “discrimination” means the act of making unfair or prejudicial distinctions between people based on the groups, classes, identities, or other categories to which they belong or are perceived to belong. Gender identity. The term “gender identity” means a person’s sense of their own gender which may be the same as or different from their sex assigned at birth. Gender nonconforming. The term “gender nonconforming” means a person whose gender expression differs from gender stereotypes, norms, and expectations in a given culture or historical period. Harassment. The term “harassment” means unwelcome conduct that is based on someone's gender identity, gender expression, sex, or sexual orientation. Housing unit. The term “housing unit” means a structure or part of a structure that contains single occupancy housing units or multiple occupancy housing units, as such terms are defined in the rules of the New York state commission of correction. Intersex. The term “intersex” refers to a person whose sex characteristics, including, but not limited to chromosomes, hormones, gonads, and genitalia, do not conform with a binary construction of sex as either male or female. This term may not be the same as a person’s gender identity and is not the same as a person’s sexual orientation. Non-binary. The term “non-binary” refers to a person whose gender identity is not exclusively male or female. Transgender. The term “transgender” refers to a person whose gender identity does not conform to the sex assigned at birth. Violence. The term “violence” means the use of force or power, threatened or actual, against another person, or against a group or community. b. Within 45 days of the end of each quarter of the fiscal year, the commissioner shall submit to the mayor, the speaker of the council, and the public advocate, and post on the department’s website, a quarterly report containing the following information based on the number of incarcerated individual admissions during the reporting period, and the average daily population of the city’s jails for the preceding quarter in total, and as a percentage of the average daily population of incarcerated individuals in the department’s custody during the reporting period: 1. The total number of persons in the custody of the department; 2. The total and average numbers of persons in the Special Consideration Unit, or any other housing unit dedicated to the housing of transgender, gender nonconforming, non-binary, or intersex persons; 3. The number and percentage of persons in the custody of the department who have identified themselves to the department, or have been identified by another person or agency on their behalf, as having a gender identity different from the sex assigned to the person at birth, or that were assigned an "X" gender marker or an intersex identification at birth; This data shall be further disaggregated by self-described gender identity including, but not limited to, transgender, gender non-conforming, non-binary, or intersex; 4. The total number of persons described in paragraph 3 of this subdivision housed in each jail facility; 5. The number and percentage of such persons described in paragraph 3 of this subdivision who were denied placement in a jail facility that most closely aligns with their gender identity after making a written request for such housing; 6. The number and percentage of such persons described in paragraph 3 of this subdivision who were denied placement in a housing unit dedicated to the housing of TGNCNBI identified people, regardless of whether such unit is in a facility most closely aligned with their gender identity; 7. The number and percentage of such persons as described in paragraph 3 of this subdivision who have been involuntarily transferred out of a jail facility that most closely aligns with their gender identity; 8. The number and percentage of such persons as described in paragraph 3 of this subdivision who have made an allegation, complaint, or report, whether verbal or in writing, as a result of experiencing violence, harassment, or discrimination. For the purposes of this paragraph, an allegation, complaint, or report shall include a grievance, to 311 or to any DOC staff person by an incarcerated person, or by any person or agency on their behalf, or as included in any report of a use or force or other reportable incident as required to be filed by DOC staff; 9. The facility and housing units in which such individuals as described in paragraph 1 of this subdivision are currently housed shall be reported with the number of such individuals housed in each housing unit. This shall be disaggregated by type, including but not limited to, new admission, mental observation, restrictive housing, protective custody, involuntary protective custody, general population, the Special Considerations Unit. This report shall further identify the number of individuals for whom a security classification has increased upon moving from men’s to women’s housing. c. The report required by this section shall not contain identifying information as defined in section 23-1201. If a category to be reported contains fewer than 5 persons or contains an amount that would allow another category that contains fewer than 5 persons to be deduced, the number shall be replaced with a symbol. If a category to be reported contains zero individuals it shall be reported as zero. (L.L. 2023/115, 8/13/2023, eff. 9/1/2023)

NYC Admin. Code § 9-166 Dyslexia screening and evidence-based programs.

§ 9-166 Dyslexia screening and evidence-based programs. a. Definitions. As used in this section, the following terms have the following meanings: Department. The term “department” means the department of correction. Dyslexia. The term “dyslexia” has the same meaning as such term is defined in subsection 1 of section 3635 of title 18 of the United States code. b. The department shall offer to screen all incarcerated persons between the ages of 18 and 21 who self-report that they do not have a high school diploma or its equivalent for being at risk of dyslexia within 10 days of entering custody of the department. Provided that the department of education may screen such persons who enroll in a program administered by the department of education for being at risk of dyslexia. Any information provided to such incarcerated individuals about available educational services must include specific information about the availability of screening for being at risk of dyslexia and evidence-based interventions based on such screening. Any refusal by such incarcerated person to be screened for dyslexia or to receive educational services offered by the department of education at the time of such screening must be documented by either a video or written statement by the incarcerated individual. The department shall refer such incarcerated person who was identified through the screening as being at risk of dyslexia to a program that provides evidence-based interventions as necessary for persons who are at risk of dyslexia. c. No later than December 31, 2024, the department shall offer to screen all incarcerated individuals over the age of 21 who self-report that they do not have a high school diploma or its equivalent and who received a sentence of imprisonment and are subject to an order of commitment that provides that such incarcerated individual shall remain in the custody of the department. The department shall offer to screen such incarcerated individuals within 10 days of receiving such order. The department shall refer an incarcerated person who was identified through the screening as being at risk of dyslexia to a program that provides evidence-based interventions as necessary for persons who are at risk of dyslexia. Notwithstanding anything to the contrary in this subdivision, the department need not offer such screening where such incarcerated individual previously received such screening by the department. d. No later than December 31, 2025, the department shall offer to screen all incarcerated persons over the age of 21 who self-report that they do not have a high school diploma or its equivalent for dyslexia within 10 days of entering custody of the department. The department shall refer an incarcerated person who was identified through the screening as being at risk of dyslexia to a program that provides evidence-based interventions as necessary for persons who are at risk of dyslexia. e. The department may enter into an agreement with another agency to provide such evidence-based interventions and shall coordinate with the office of criminal justice and city-contracted programs that serve justice-involved individuals to identify and provide referrals to dyslexia screening programs and evidence-based interventions available to individuals after being released from the custody of the department. f. No later than December 31, 2024 and quarterly thereafter, the commissioner shall submit to the mayor, the speaker of the council and the public advocate and post conspicuously on the department’s website a report regarding dyslexia screening and referrals for enrollment in evidence-based intervention programs in city jails. Such report shall not contain personally identifiable information. Such report shall include the following information for the previous quarter: 1. The number of individuals who were screened by the department for being at risk of dyslexia pursuant to subdivision b of this section; 2. The number of individuals who were screened by the department for being at risk of dyslexia pursuant to subdivision c of this section; 3. The number of individuals who were screened by the department for being at risk of dyslexia pursuant to subdivision d of this section; 4. The number of individuals who were identified through screening as being at risk of dyslexia disaggregated by race, gender, zip code of last known address, and age as follows: 18-21, 22-25, 26-29, 30-39, 40-49, 50-59, 60-69, 70 or older; and 5. The number of individuals who received a referral and participated in evidence-based interventions as a result of screening, disaggregated by race, gender, zip code of last known address, and age as follows: 18-21, 22-25, 26-29, 30-39, 40-49, 50-59, 60-69, 70 or older. (L.L. 2023/138, 10/18/2023, eff. 10/18/2023)

NYC Admin. Code § 9-167 Solitary confinement.

§ 9-167 Solitary confinement. a. Definitions. For the purposes of this section, the following terms have the following meanings: Advocate. The term “advocate” means a person who is a law student, paralegal, or an incarcerated person. Cell. The term “cell” means any room, area or space that is not a shared space conducive to meaningful, regular and congregate social interaction among many people in a group setting, where an individual is held for any purpose. De-escalation confinement. The term “de-escalation confinement” means holding an incarcerated person in a cell immediately following an incident where the person has caused physical injury or poses a specific risk of imminent serious physical injury to staff, themselves or other incarcerated persons. Emergency lock-in. The term “emergency lock-in” means a department-wide emergency lock-in, a facility emergency lock-in, a housing area emergency lock-in, or a partial facility emergency lock-in as defined in section 9-155. Out-of-cell. The term “out-of-cell” means being in a space outside of, and in an area away from a cell, in a group setting with other people all in the same shared space without physical barriers separating such people that is conducive to meaningful and regular social interaction and activity or being in any space during the time of carrying out medical treatment, individual one-on-one counseling, an attorney visit or court appearance. Pre-hearing temporary restrictive housing. The term “pre-hearing temporary restrictive housing” means any restrictive housing designated for incarcerated persons who continue to pose a specific risk of imminent serious physical injury to staff, themselves, or other incarcerated persons after a period of de-escalation confinement has exceeded time limits established by this section and prior to a hearing for recommended placement in restrictive housing has taken place. Restraints. For the purposes of this section, the term “restraints” means any object, device or equipment that impedes movement of hands, legs, or any other part of the body. Restrictive housing. The term “restrictive housing” means any housing area that separates incarcerated persons from the general jail population on the basis of security concerns or discipline, or a housing area that poses restrictions on programs, services, interactions with other incarcerated persons or other conditions of confinement. This definition excludes housing designated for incarcerated persons who are: (1) in need of medical or mental health support as determined by the entity providing or overseeing correctional medical and mental health, including placement in a contagious disease unit, (2) transgender or gender non-conforming, (3) in need of voluntary protective custody, or (4) housed in a designated location for the purpose of school attendance. Solitary confinement. The term “solitary confinement” means any placement of an incarcerated person in a cell, other than at night for sleeping for a period not to exceed eight hours in any 24-hour period or during the day for a count not to exceed two hours in any 24-hour period. Suicide prevention aide. For the purposes of this section, the term “suicide prevention aide” means a person in custody who has been trained to identify unusual and/or suicidal behavior. Violent grade I offense. The term “violent grade I offense” shall have the same meaning as defined by the rules of the department of correction as of January 1, 2022. b. Ban on solitary confinement. The department shall not place an incarcerated person in a cell, other than at night for sleeping for a period not to exceed eight hours in any 24-hour period or during the day for count not to exceed two hours in any 24-hour period, unless for the purpose of de-escalation confinement or during emergency lock-ins. c. De-escalation confinement. The department’s uses of de-escalation confinement shall comply with the following provisions: 1. De-escalation confinement shall not be located in intake areas and shall not take place in decontamination showers. Spaces used for de-escalation confinement must, at a minimum, have the features specified in sections 1-03 and 1-04 of title 40 of the rules of the city of New York and be maintained in accordance with the personal hygiene and space requirements set forth in such sections; 2. Department staff must regularly monitor a person in de-escalation confinement and engage in continuous crisis intervention and de-escalation to support the person’s health and well-being, attempt de-escalation, work toward a person’s release from de-escalation confinement and determine whether it is necessary to continue to hold such person in such confinement; 3. The department shall conduct visual and aural observation of each person in de-escalation confinement every 15 minutes, shall refer any health concerns to medical or mental health staff, and shall bring any person displaying any indications of any need for medical documentation, observation, or treatment to the medical clinic. Suicide prevention aides may conduct check-ins with a person in de-escalation confinement at least every 15 minutes and refer any health concerns to department staff who will get medical or mental health staff to treat any reported immediate health needs. No suicide prevention aide shall face any retaliation or other harm for carrying out their role; 4. Throughout de-escalation confinement, a person shall have access to a tablet or device that allows such person to make phone calls outside of the facility and to medical staff in the facility; 5. A person shall be removed from de-escalation confinement immediately following when such person has sufficiently gained control and no longer poses a significant risk of imminent serious physical injury to themselves or others; 6. The maximum duration a person can be held in de-escalation confinement shall not exceed four hours immediately following the incident precipitating such person’s placement in such confinement. Under no circumstances may the department place a person in de-escalation confinement for more than four hours total in any 24-hour period, or more than 12 hours in any seven-day period; and 7. In circumstances permitted in subdivision g of this section, the department may transfer a person from de-escalation confinement to pre-hearing temporary restrictive housing. (a) The department shall not place any incarcerated person in a locked decontamination shower nor in any other locked space in any facility that does not have, at a minimum, the features specified in sections 1-03 and 1-04 of title 40 of the rules of the city of New York and maintained in accordance with the personal hygiene and space requirements as set forth in such sections. (b) The department shall not maintain any locked decontamination showers. Any other locked spaces in any facility for holding incarcerated people must at least have the features specified in and maintained in accordance with the personal hygiene and space requirements set forth in 40 RCNY § 1-03 and § 1-04. d. Reporting on de-escalation confinement. For each instance an incarcerated person is placed in de-escalation confinement as described in subdivision c of this section, the department shall prepare an incident report that includes a detailed description of why isolation was necessary to de-escalate an immediate conflict and the length of time the incarcerated person was placed in such confinement. Beginning on July 15, 2024, and within 15 days of the end of each subsequent quarter, the department shall provide the speaker of the council and the board of correction all such reports for the preceding quarter and post all such reports on the department’s website. The department shall redact all personally identifying information prior to posting such reports on the department’s website. Beginning July 31, 2024, and within 30 days of the end of each subsequent quarter, the department shall provide to the speaker of the council and the board of correction, and post on the department’s website, a report with data for the preceding quarter on the total number of people placed in such confinement, disaggregated by race, age, gender identity and mental health treatment level, as well as the total number of people held in such confinement disaggregated by whether confinement lasted less than one hour, between one and two hours, between two and three hours, and between three and four hours. e. Use of restraints. 1. 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. In such instances, only the least restrictive form of restraints may be used and may be used no longer than is necessary to abate such imminent harm. 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. 2. The department shall not place an incarcerated person in restraints beyond the use of restraints described in paragraph 1 of this subdivision, or on 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 rules of the board of correction as described in paragraph 1 of subdivision f of this section. Any continued use of restraints must be reviewed by the department on a daily basis 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 consecutive days. f. Restrictive housing hearing. Except as provided in subdivision g of this section, the department shall not place an incarcerated person in restrictive housing until a hearing on such placement is held and the person is found to have committed a violent grade I offense. Any required hearing regarding placement of a person into restrictive housing shall comply with rules to be established by the board of correction. 1. The board of correction shall establish rules for restrictive housing hearings that shall, at a minimum, include the following provisions: (i) An incarcerated person shall have the right to be represented by their legal counsel or advocate; (ii) An incarcerated person shall have the right to present evidence and cross-examine witnesses; (iii) Witnesses shall testify in person at the hearing unless the witnesses’ presence would jeopardize the safety of themselves or others or security of the facility. If a witness is excluded from testifying in person, the basis for the exclusion shall be documented in the hearing record; (iv) If a witness refuses to provide testimony at the hearing, the department must provide the basis for the witness’s refusal, videotape such refusal, or obtain a signed refusal form, to be included as part of the hearing record; (v) The department shall provide the incarcerated person and their legal counsel or advocate written notice of the reason for proposed placement in restrictive housing and any supporting evidence for such placement, no later than 48 hours prior to the restrictive housing hearing; (vi) The department shall provide the legal counsel or advocate adequate time to prepare for such hearings and shall grant reasonable requests for adjournments; (vii) An incarcerated person shall have the right to an interpreter in their native language if the person does not understand or is unable to communicate in English. The department shall take reasonable steps to provide such interpreter; (viii) A refusal by an incarcerated person to attend any restrictive housing hearings must be videotaped and made part of the hearing record; (ix) If the incarcerated person is excluded or removed from a restrictive housing hearing because it is determined that such person’s presence will jeopardize the safety of themselves or others or security of the facility, the basis for such exclusion must be documented in the hearing record; (x) A restrictive housing disposition shall be reached within five business days after the conclusion of the hearing. Such disposition must be supported by substantial evidence, shall be documented in writing, and must contain the following information: a finding of guilty or not guilty, a summary of each witness’s testimony and whether their testimony was credited or rejected with the reasons thereof, the evidence relied upon by the hearing officer in reaching their finding, and the sanction imposed, if any; and (xi) A written copy of the hearing disposition shall be provided to the incarcerated person and their counsel or advocate within 24 hours of the determination. 2. Failure to comply with any of the provisions described in paragraph 1 of this subdivision, or as established by board of correction rule, shall constitute a due process violation warranting dismissal of the matter that led to the hearing. g. Pre-hearing temporary restrictive housing. In exceptional circumstances, the department may place a person in pre-hearing temporary restrictive housing prior to conducting a restrictive housing hearing as required by subdivision f of this section. 1. Such placement shall only occur upon written approval of the Commissioner or a Deputy Commissioner, or another equivalent member of department senior leadership over the operations of security. Such written approval shall include: the basis for a reasonable belief that the incarcerated person has committed a violent grade I offense, and whether such person has caused serious physical injury or poses a specific and significant risk of imminent serious physical injury to staff or other incarcerated persons. 2. A restrictive housing hearing shall occur as soon as reasonably practicable following placement in pre-hearing temporary restrictive housing, and must occur within five days of such placement, unless the person placed in such restrictive housing seeks a postponement of such hearing. 3. If a person is found guilty at a restrictive housing hearing, time spent in pre-hearing temporary restrictive housing prior to such hearing determination shall be deducted from any sentence of restrictive housing and such time shall count toward the time limits in restrictive housing. 4. Pre-hearing temporary restrictive housing shall comply with all requirements for restrictive housing, including but not limited to those established in subdivision h of this section. 5. During the first day of placement in pre-hearing temporary restrictive housing, department staff must regularly monitor the person and engage in continuous crisis intervention and attempt de-escalation, work toward a person’s release from pre-hearing temporary restrictive housing and determine whether it is necessary to continue to hold the person in pre-hearing temporary restrictive housing. h. Restrictive housing regulations. The department’s use of restrictive housing must comply with the following provisions: 1. The department shall not place an incarcerated person in restrictive housing for longer than necessary and for no more than a total of 60 days in any 12 month period. 2. Within 15 days of placement of an incarcerated person in restrictive housing, the department shall meaningfully review such placement to determine whether the incarcerated person continues to present a specific, significant and imminent threat to the safety and security of other persons if housed outside restrictive housing. If an individual is not discharged from restrictive housing after review, the department shall provide in writing to the incarcerated person: (i) the reasons for the determination that such person must remain in restrictive housing and (ii) any recommended program, treatment, service, or corrective action. The department shall provide the incarcerated person access to such available programs, treatment and services. 3. The department shall discharge an incarcerated person from restrictive housing if such person has not engaged in behavior that presents a specific, significant, and imminent threat to the safety and security of themselves or other persons during the preceding 15 days. In all circumstances, the department shall discharge an incarcerated person from restrictive housing within 30 days after their initial placement in such housing. 4. A person placed in restrictive housing must have interaction with other people and access to congregate programming and amenities comparable to those housed outside restrictive housing, including access to at least seven hours per day of out-of-cell congregate programming or activities with groups of people in a group setting all in the same shared space without physical barriers separating such people that is conducive to meaningful and regular social interaction. If a person voluntarily chooses not to participate in congregate programming, they shall be offered access to comparable individual programming. A decision to voluntarily decline to participate in congregate programming must be done in writing or by videotape. 5. The department shall utilize programming that addresses the unique needs of those in restrictive housing. The department shall provide persons in restrictive housing with access to core educational and other programming comparable to core programs in the general population. The department shall also provide persons in restrictive housing access to evidence-based therapeutic interventions and restorative justice programs aimed at addressing the conduct resulting in their placement in restrictive housing. Such programs shall be individualized and trauma-informed, include positive incentive behavior modification models, and follow best practices for violence interruption. Staff that routinely interact with incarcerated persons must be trained in de-escalation techniques, conflict resolution, the use of force policy, and related topics to address the unique needs of those in restrictive housing units. 6. The department shall use positive incentives to encourage good behavior in restrictive housing units and may use disciplinary sanctions only as a last resort in response to behavior presenting a serious and evident danger to oneself or others after other measures have not alleviated such behavior. 7. All housing for medical or mental health support provided to persons recommended to receive such support by the entity providing and,or overseeing correctional medical and mental health, including placement in contagious disease units, housing for people who are transgender or gender non-conforming, housing for voluntary protective custody, and housing for purposes of school attendance, shall comply with subdivisions (b), (c), (e), (i), (j) and (k) of this section and paragraphs 4, 5, and 6 of this subdivision. 8. For purposes of contagious disease units, after a referral from health care staff, a person may be held in a medical unit overseen by health care staff, for as limited a time as medically necessary as exclusively determined by health care staff, in the least restrictive environment that is medically appropriate. Individuals in a contagious disease unit must have comparable access as individuals incarcerated in the general population to phone calls, emails, visits, and programming done in a manner consistent with the medical and mental health treatment being received, such as at a physical distance determined appropriate by medical or mental health staff.Such access must be comparable to access provided to persons incarcerated outside of restrictive housing units. 9. Reporting on restrictive housing. For each instance a disciplinary charge that could result in restrictive housing is dismissed or an incarcerated individual is found not guilty of the disciplinary charge, the department shall prepare an incident report that includes a description of the disciplinary charge and the reasons for the dismissal or not guilty determination. For each instance an incarcerated person is placed in restrictive housing, the department shall prepare an incident report that includes a detailed description of the behavior that resulted in placement in restrictive housing and why restrictive housing was necessary to address such behavior, including if a person was placed in pre-hearing temporary restrictive housing and the reasons why the situation met the requirements in paragraph 1 of subdivision g of this section. For each instance in which confinement in restrictive housing is continued after a 15-day review of an incarcerated person’s placement in restrictive housing, the department shall prepare an incident report as to why the person was not discharged, including a detailed description of how the person continued to present a specific, significant and imminent threat to the safety and security of the facility if housed outside restrictive housing and what program, treatment, service, and/or corrective action was required before discharge. Beginning on July 15, 2024, and within 15 days of the end of each subsequent quarter, the department shall provide the speaker of the council and the board of correction all such reports for the prior quarter and post all such reports on the department’s website. The department shall redact all personally identifying information prior to posting the reports on the department’s website. Beginning July 31, 2024, and within 30 days of the end of each subsequent quarter, the department shall provide to the speaker of the council and the board of correction, and post on the department’s website, a report with data for the preceding quarter on the total number of people placed in restrictive housing during that time period, disaggregated by race, age, gender identity, mental health treatment level and length of time in restrictive housing, and data on all disposition outcomes of all restrictive housing hearing during such time period, disaggregated by charge, race, age, gender identity and mental health treatment level. i. Out-of-cell time. 1. All incarcerated persons must have access to at least 14 out-of-cell hours every day except while in de-escalation confinement pursuant to subdivision c of this section and during emergency lock-ins pursuant to subdivision j of this section. 2. Incarcerated persons may congregate with others and move about their housing area freely during out-of-cell time and have access to education and programming pursuant to section 9-110 of the administrative code. j. Emergency lock-ins. 1. Emergency lock-ins may only be used when the Commissioner, a Deputy Commissioner, or another equivalent member of department senior leadership with responsibility for the operations of security for a facility determines that such lock-in is necessary to de-escalate an emergency that poses a threat of specific, significant and imminent harm to incarcerated persons or staff. Emergency lock-ins may only be used when there are no less restrictive means available to address an emergency circumstance and only as a last resort after exhausting less restrictive measures. Emergency lock-ins must be confined to as narrow an area as possible and limited number of people as possible. The department shall lift emergency lock-ins as quickly as possible. The Commissioner, a Deputy Commissioner, or another equivalent member of department senior leadership over the operations of security shall review such lock-ins at least every hour. Such lock-ins may not last more than four hours. 2. Throughout an emergency lock-in, the department shall conduct visual and aural observation of every person locked in every fifteen (15) minutes, shall refer any health concerns to medical or mental health staff, and shall bring any person displaying any indications of any need for medical documentation, observation, or treatment to the medical clinic. Throughout an emergency lock-in, other than in a department-wide emergency lock-in or a facility emergency lock-in, each person locked in shall have access to a tablet or other device that allows the person to make phone calls both outside of the facility and to medical staff in the facility. 3. The department shall immediately provide notice to the public on its website of an emergency lock-in, including information on any restrictions on visits, phone calls, counsel visits or court appearances. 4. For each instance an emergency lock-in is imposed, the department shall prepare an incident report that includes: (a) A description of why the lock-in was necessary to investigate or de-escalate an emergency, including the ways in which it posed a threat of specific, significant and imminent harm; (b) A description of how other less restrictive measures were exhausted; (c) The number of people held in lock-in; (d) The length of lock-in; (e) The areas affected and the reasons such areas were subject to the emergency lock-in; (f) The medical and mental health services affected, the number of scheduled medical and or mental health appointments missed and requests that were denied; (g) Whether visits, counsel visits or court appearances were affected; (h) What programs, if any, were affected; (i) All actions taken during the lock-in to resolve and address the lock-in; and (j) The number of staff diverted for the lock-in. Beginning July 15, 2024, and within 15 days of the end of each subsequent quarter, the department shall provide the speaker of the council and the board of correction all such reports for the preceding quarter and shall post all such reports on the department’s website with any identifying information redacted. Beginning July 15, 2024, and within 15 days of the end of each subsequent quarter, the department shall provide to the speaker of the council and the board of correction a report on the total number of lock-ins occurring during the preceding quarter, the areas affected by each such lock-in, the length of each such lock-in and number of incarcerated people subject to each such lock-in, disaggregated by race, age, gender identity, mental health treatment level and length of time in cell confinement. k. Incarcerated persons under the age of 22 shall receive access to trauma-informed, age-appropriate programming and services on a consistent, regular basis. (L.L. 2024/042, 1/30/2024, eff. 7/28/2024)

NYC Admin. Code § 9-168 Child visitor program.

§ 9-168 Child visitor program. a. Definitions. For purposes of this section, the following terms have the following meanings: Child visitor. The term “child visitor” means a natural person under 16 years of age who enters a city jail for the purpose of visiting an incarcerated person. City jail. The term “city jail” means any facility of the department in which incarcerated persons held in department custody are housed. Specially designed visiting area. The term “specially designed visiting area” means a visiting area with interactive exhibits or other features designed to be used by children. Visiting area. The term “visiting area” means a room or space within a city jail where a visit between an incarcerated person and a member of such person’s family, including a child visitor, may occur. b. The department shall establish a program for child visitors and other participants of visits with incarcerated persons that include child visitors. Such program shall provide: 1. Toys, games, books, and activities, such as arts and crafts, and disinfecting wipes in any visiting area; 2. Training for department staff who interact with child visitors on minimizing stress for child visitors, which shall include, but need not be limited to, information about child development and communicating with children of various ages; and 3. A specially designed visiting area in any city jail constructed or renovated on or after the effective date of the local law that added this section. c. The department shall, in accordance with applicable law and rules including minimum standards of the board of correction as set forth in chapter 1 of title 40 of the rules of the city of New York, make best efforts to reduce the time that a child visitor waits prior to commencing a visit with an incarcerated person. d. The department shall conduct a study on the feasibility of implementing tele-visits on weekend days without reducing the number of hours for in person visits on weekend days. No later than January 1, 2026, the department shall submit to the mayor and the speaker of the council and post on the department’s website a report on the findings of the study conducted pursuant to this subdivision. e. No later than April 1, 2026, and annually thereafter, the department shall submit to the mayor, the speaker of the council, and the board of correction, and post on the department’s website, a report on the program for child visitors required by this section. Such report shall include, but need not be limited to, for the preceding calendar year: 1. The number of visits to city jails by child visitors, disaggregated by city jail; 2. The number of visits to city jails by child visitors that occurred in specially designed visiting areas, disaggregated by city jail; 3. The number of department staff who have received training as required by paragraph 2 of subdivision b; 4. The average length of time between the time a child visitor arrives at a city jail and the time such child visitor commences a visit with an incarcerated person, disaggregated by facility; 5. The types of toys, games, books and activities in visiting areas as required by paragraph 1 of subdivision b, disaggregated by facility; 6. A list of city jails that do not include a specially designed visiting area; and 7. A description of any initiatives of the department to improve the experience of child visitors. f. The department shall post on its website a description of the program for child visitors required by this section, including any protocols or processes for cleaning and, where necessary, replenishing toys, games, books and activities in visiting areas as required by paragraph 1 of subdivision b. (L.L. 2025/040, 4/11/2025, eff. 8/9/2025)

NYC Admin. Code § 9-169 Reporting on court-ordered forensic psychiatric examinations.

§ 9-169 Reporting on court-ordered forensic psychiatric examinations. a. Definitions. For the purposes of this section, the following terms have the following meanings: Appropriate institution. The term “appropriate institution” has the same meaning as set forth in section 730 of the criminal procedure law. Forensic psychiatric examination. The term “forensic psychiatric examination” means an examination performed by a psychiatric examiner pursuant to section 730 of the criminal procedure law. Incapacitated person. The term “incapacitated person” has the same meaning as set forth in section 730 of the criminal procedure law. Order of examination. The term “order of examination” has the same meaning as set forth in section 730 of the criminal procedure law. b. Beginning no later than September 30, 2025 and within 30 days of the end of each quarter year thereafter, correctional health services, in consultation with the department of correction, the office of criminal justice, and other relevant agencies, shall send a report regarding people in custody who have been ordered to undergo a forensic psychiatric examination during the previous quarter year to the mayor and the speaker of the council and post such report on correctional health services’ website. The information required by this section shall be reported in a format capable of automatic processing. Such report shall include the following information in total and disaggregated by the county in which each covered individual’s current top charge originated: 1. The number of people in custody with a pending forensic psychiatric examination at any point during the reporting period, further disaggregated by whether the person had a top charge of a felony or misdemeanor offense, and the type of housing area where such persons were detained on the date correctional health services received an order of examination; 2. The number of people admitted to the department’s custody during the reporting period with a pending forensic psychiatric examination, further disaggregated by whether the person in custody had a top charge of a felony or misdemeanor offense, and the housing area type where such persons were detained on the date correctional health services received an order of examination; 3. The number of people in custody deemed unfit to stand trial by correctional health services following a forensic psychiatric examination during the reporting period, further disaggregated by whether the person had a top charge of a felony or misdemeanor offense, and the type of housing area where such persons were detained on the date correctional health services received an order of examination; 4. The number of people admitted to the department’s custody during the reporting period who were deemed unfit by correctional health services following a forensic psychiatric examination during the reporting period, further disaggregated by whether the person had a top charge of a felony or misdemeanor offense, and the type of housing area where such persons were detained on the date correctional health services received an order of examination; 5. The number and percentage of forensic psychiatric examinations conducted for people in custody virtually as opposed to in person; 6. The average length of time between when correctional health services receives an order of examination and the date the first forensic psychiatric examination is scheduled for orders received during the reporting period; 7. The average length of time between the date correctional health services schedules a forensic psychiatric examination and the date the first forensic psychiatric examination is completed for first examinations completed during the reporting period; 8. The number and percentage of forensic psychiatric examinations not successfully completed on the first scheduled date during the reporting period, further disaggregated by the reason(s) the forensic psychiatric examination was not completed, including but not limited to the department not escorting the person in custody to their forensic psychiatric examination for any reason, which may include the refusal of the person in custody to attend, the restriction of the movement of the person in custody due to a lockdown, search, or alarm in their housing facility; the lack of an available psychiatric examiner; the cancellation of a virtual forensic psychiatric examination due to technical problems; or the absence of the defense counsel; 9. For forensic psychiatric examinations not completed on the first scheduled date during the reporting period, the average length of time between the first scheduled forensic psychiatric examination date and the rescheduled forensic psychiatric examination date; 10. The number and percentage of people in custody with a pending forensic psychiatric examination, who have had more than one rescheduled appointment without completing that forensic psychiatric examination; 11. The average length of time between when correctional health services receives an order of examination and completion of the first forensic psychiatric examination; 12. The percentage of people in custody who completed a forensic psychiatric examination during the current reporting period who were deemed unfit to stand trial by correctional health services; 13. The average length of time between when the department receives notice that a person is to be discharged to an appropriate institution for competency restoration and such person’s discharge from the department’s custody to the appropriate institution; and 14. The average length of time between when a person is admitted to the custody of the department and when they are discharged to an appropriate institution for competency restoration. (L.L. 2025/045, 4/11/2025, eff. 4/11/2025)

NYC Admin. Code § 9-170 Online visitation scheduling system.

§ 9-170 Online visitation scheduling system. a. The department, in consultation with the department of information technology and telecommunications, shall establish and operate an online system for scheduling in person visits and tele-visits with incarcerated persons in the custody of the department, provided the department shall not require the use of such system to visit an incarcerated person in person at a facility of the department. Such online system shall be accessible using computers and mobile devices and shall include, but need not be limited to: 1. The ability for a person to request a date and time to visit an incarcerated person and, following approval by the department of a date and time, to reserve such date and time; 2. The ability for a person who has used such system to schedule a visit with an incarcerated person to cancel such visit; and 3. The ability for the department to notify a person who has used such system to schedule a visit with an incarcerated person that such visit must be canceled, provided that any such notification shall be made as soon as practicable after the department becomes aware of the circumstances requiring such cancellation. b. A person who has used the online system to reserve a date and time for a visit with an incarcerated person and who arrives at a facility after such time may visit such incarcerated person at a later time on such date where practicable considering factors including, but not limited to, the presence of other visitors, staff availability and compliance with applicable minimum standards of the board of correction set forth in chapter 1 of title 40 of the rules of the city of New York. c. The department shall limit access to information collected through the online system required by this section, in accordance with section 23-1202. d. A person who has used the online system to request a date and time for a visit with an incarcerated person and is not approved by the department to reserve such date and time shall receive the reason for which the department did not approve the request. e. By January 30, 2028, and annually thereafter, the department shall provide to the council and publish on its website a report regarding participation in the online scheduling system for visits for the previous calendar year. Such report shall include the following information: 1. The number of people who used the online scheduling system to reserve a date and time to visit an incarcerated individual and were approved by the department for such visit; 2. The number of people who visited an incarcerated individual and did not use the online scheduling system; 3. The number of complaints the department received regarding the online scheduling system for visits; and 4. The number of individuals who used the online system to request a date and time for a visit with an incarcerated person and were not approved by the department for such visit, disaggregated by the reason the request was not approved. (L.L. 2025/043, 4/11/2025, eff. 4/11/2027)

NYC Admin. Code § 9-171 Procedures following the death of an incarcerated individual.

§ 9-171 Procedures following the death of an incarcerated individual. a. Definitions. For the purposes of this section, the following terms have the following meanings: Correctional health services. The term “correctional health services” has the same meaning as set forth in section 9-108. Identifying information. The term “identifying information” has the same meaning as set forth in section 23-1201. Work release program. The term “work release program” means a program established in accordance with article 6-A of the correction law. b. The department shall notify the office of chief medical examiner and the board of correction as soon as practicable after becoming aware of a death of an incarcerated individual in the custody of the department, other than any such individual who the department has released pursuant to the work release program, provided that the department shall notify such office and such board no later than 3 hours after becoming aware of such death. The department shall make a good faith effort to notify the attorney of an incarcerated individual who has died as soon as practicable after notifying the next of kin of such individual as described in subdivision c of this section, provided the department shall notify such attorney no later than 24 hours after notifying such next of kin, and provided further that, where the department is unable to notify such next of kin within 48 hours after becoming aware of such death, the department shall notify the attorney of such death. c. The department shall document any efforts of the department to notify the next of kin of such incarcerated individual pursuant to section 3-10 of title 40 of the rules of the city of New York, and shall include the name of the employee of the department who notified or attempted to notify the next of kin, the name of the next of kin such employee notified or attempted to notify, the means of communication the department used for such notification or attempt to notify, the next of kin’s relationship to the deceased incarcerated individual, and the time and date that the department notified or attempted to notify the next of kin. Where applicable, the department shall utilize interpretation services pursuant to section 23-1102 for purposes of notifying a next of kin of a deceased incarcerated individual. d. The department shall notify the board of correction that the department has notified the next of kin of a death of an incarcerated individual pursuant to subdivision c of this section, after the department notifies such next of kin of such death. No later than 24 hours after notifying the next of kin of the incarcerated individual, the office of chief medical examiner, and the board of correction pursuant to this section, the department shall post a notification about such death on the department’s website. Such notification shall include the name, age, race, and gender of the incarcerated individual who has died, and the facility to which the department assigned such individual, where applicable, provided that where the department is unable to notify the next of kin of an incarcerated individual who has died within 24 hours of becoming aware of such death, such notification shall not include the name, age, or race of the incarcerated individual who has died, and provided further that department shall update any such notification to include the name, age, and race of the incarcerated individual who has died no later than 24 hours after the department notifies the next of kin of such individual. e. Notwithstanding subdivision d, where the department is not aware of the next of kin of an incarcerated individual who has died, the department shall request that correctional health services provide contact information for a family member of such incarcerated individual included in the medical record of such individual, and correctional health services shall provide such information to the department. f. The department shall post on the department’s website information about how the next of kin of an incarcerated individual who has died may obtain such individual’s personal items, in accordance with applicable law and department policy, and to the extent practicable, shall provide assistance to such next of kin in obtaining such items. The department shall not dispose of any such personal items except in accordance with applicable law. g. Except where the attorney general or the district attorney for the county in which a death of an incarcerated individual held or confined under the jurisdiction of the department occurred investigates such death or prosecutes any alleged criminal offense related to such death and requests or directs the department or correctional health services not to investigate such death, the department or correctional health services shall respond to any recommendation included in any report by the department of investigation about such death, including to state whether the department or correctional health services has determined to implement such recommendation and, where the department or correctional health services has determined not to implement such a recommendation, the reasons for such determination. h. Except where the commissioner of investigation, the attorney general, or the district attorney for the county in which a death of an incarcerated individual held or confined under the jurisdiction of the department occurred investigates such death or prosecutes any alleged criminal offense related to such death and requests or directs the department or correctional health services not to investigate such death, the department or correctional health services shall respond to any recommendation included in any report about such death the board of correction posts pursuant to subdivision i of section 626 of the charter to state whether the department or correctional health services has determined to implement such recommendation and, where the department or correctional health services has determined not to implement such recommendation, the reasons for such determination. i. No later than 30 days after (i) the board of correction posts a report about an investigation by such board of a death of an incarcerated individual held or confined under the jurisdiction of the department pursuant to paragraph 2 of subdivision i of section 626 of the charter, and (ii) where the attorney general commences an investigation such death, such attorney general completes such investigation, the department shall submit to the mayor and the speaker of the council and shall post on the department’s website a report regarding any employee under investigation by the department for any misconduct in relation to such death. Such report shall not contain any identifiable information of any employee of the department. Before submitting such a report to the mayor or the speaker of the council or posting such report on the website of the department, the department shall redact any identifying information or any information prohibited from disclosure under federal or state law. The department shall submit to the mayor and the speaker of the council and shall post on the department’s website an update to any report required by this subdivision no less than once each 60 days until the department concludes such investigation. The department shall submit to the mayor and the speaker of the council and shall post on the department’s website each such updated report. Any report required by this subdivision shall include a unique identifier for each employee under investigation for alleged misconduct that lead to an individual’s death and provide: 1. Whether the employee was terminated; 2. Whether the employee resigned; 3. Whether a staff misconduct case was opened regarding the employee’s involvement in circumstances that contributed to the individual’s death; 4. If a staff misconduct case was opened regarding the employee’s involvement in the circumstances that contributed to the individual’s death: (a) The date the department commenced an investigation of such employee; (b) The date the department concluded such investigation, where applicable; (c) The rules or departmental policies alleged to have been violated; (d) Whether the department imposed any penalty or discipline as result of the investigation of an employee, and if so, a description of any such discipline; 5. If the office of administrative trials and hearings adjudicates any charge resulting from such investigation, the date on which the department referred the case to the office of administrative trials and hearings and; 6. Whether the department referred the case to the department of investigation, a district attorney, or the attorney general. (L.L. 2025/105, 8/13/2025, eff. 11/11/2025)

NYC Admin. Code § 9-172 Prison death review board.

§ 9-172 Prison death review board. a. For purposes of this section, the term “correctional health services” has the same meaning as set forth in section 9-108. b. The board of correction may request that the prison death review board established pursuant to section 3-10 of title 40 of the rules of the city of New York be convened. c. The prison death review board shall keep a record of any meetings or any other proceedings of such board. d. The prison death review board shall include: 1. The executive director of the board of correction, who shall serve as chair; 2. The deputy mayor for public safety, or any other deputy mayor designated by the mayor, or such deputy mayor’s designee; 3. The chief medical officer of correctional health, or such officer’s designee; 4. The commissioner of correction, or such commissioner’s designee; and 5. The chief medical examiner or such chief medical examiner’s designee. e. The board of correction shall provide staff for the prison death review board. (L.L. 2025/105, 8/13/2025, eff. 11/11/2025)

NYC Admin. Code § 9-173 Opioid antagonists.

§ 9-173 Opioid antagonists. a. Definitions. For purposes of this section, the following terms have the following meanings: Correctional health services. The term “correctional health services” has the same meaning as set forth in section 9-108. Opioid antagonist. The term “opioid antagonist” means a medication approved by the federal food and drug administration that, when administered, neutralizes in whole or in part the pharmacological effects of an opioid in the human body. Opioid overdose prevention kit. The term “opioid overdose prevention kit” means an opioid antagonist, and a pamphlet or other written notice that provides guidance on how to recognize the signs or symptoms of an opioid overdose and identifies the steps to take in response to a suspected opioid overdose. b. Opioid antagonist training. 1. No later than January 1, 2026, the department shall provide training for all uniformed staff of the department on the administration of opioid antagonists. The department shall also make such training available to individuals incarcerated in city correctional facilities. 2. Such training shall include guidance on recognizing any signs or symptoms of an opioid overdose and responding appropriately, including but not limited to, guidance on the proper administration of an opioid antagonist. c. The department, in consultation with correctional health services, shall make available, in all areas of any facility of the department where incarcerated individuals are housed, opioid antagonists for use by uniformed staff and incarcerated individuals. No less than once each week, the department shall verify and document that opioid antagonists are available in such areas for use by uniformed staff and incarcerated individuals. d. A uniformed staff trained pursuant to subdivision b of this section who administers an opioid antagonist to an incarcerated individual shall administer such opioid antagonist in accordance with such training. e. Nothing contained in this section shall be construed as creating any private right of action on the part of any person against the city of New York, the department, or any official or employee thereof. f. Reporting. 1. No later than April 1, 2026, and no later than April 1 of each year thereafter, the department shall post on its website and submit to the speaker of the council, the mayor, and the public advocate a report. Such report shall include, for the preceding calendar year: (a) The number of uniformed staff of the department who received training pursuant to subdivision b of this section; (b) The percentage of all uniformed staff of the department who received such training; and (c) The number of incidents in which a uniformed staff administered an opioid antagonist. 2. No later than April 1, 2026, and no later than April 1 of each year thereafter, correctional health services shall post on its website and submit to the speaker of the council, the mayor, and the public advocate a report. Such report shall include, for the preceding calendar year, the number of suspected opioid overdoses by incarcerated individuals that did not result in the death of such individual, and the number of suspected opioid overdoses where an opioid antagonist was administered. 3. The information included in any report required by this subdivision shall be disaggregated by facility of the department. 4. Any report required by this subdivision shall not contain identifying information as defined in section 23-1201. If a category to be reported contains fewer than 5 persons or contains an amount that would allow another category that contains fewer than 5 persons to be deduced, the number shall be replaced with a symbol. If a category to be reported contains zero individuals it shall be reported as zero. g. Distribution of opioid antagonists upon discharge to the community. The department, in consultation with correctional health services, shall make available an opioid overdose prevention kit to an incarcerated individual upon discharge of such individual from a city jail to the community. (L.L. 2025/091, 7/11/2025, eff. 10/9/2025 and 7/11/2026) Editor's note: Pursuant to § 2 of L.L. 2025/091, this section is effective on Octobrer 9, 2025, except for subdivision g, which is effective on July 11, 2026.

NYC Admin. Code § 9-174 Evidence review technology and reporting.

§ 9-174 Evidence review technology and reporting. a. Definitions. For purposes of this section, the following terms have the following meanings: Department. The term “department” means the department of correction. Electronically stored information. The term “electronically stored information” means any data, including documents and photographs, stored in a digital or electronic format that may be used in a legal proceeding. Evidence review technology. The term “evidence review technology” means a software platform or application that provides for the receipt and storage of electronically stored information and that a person may use to review such information. Law library. The term “law library” means a library in a facility of the department that the department maintains pursuant to section 1-08 of title 40 of the rules of the city of New York. Tablet. The term “tablet” means a portable and flat mobile computer that has a touchscreen interface and a rechargeable battery. b. The department shall provide any person in the care and custody of the department with a pending criminal proceeding access to evidence review technology for the purpose of enabling such person to review evidence that may be used in such proceeding, including audio, text, and visual materials. The department shall provide such access by: 1. Providing such a person with a tablet on which such evidence review technology is installed; 2. Providing such a person with access to a law library equipped with tablets, desktop computers or other devices that such person may use to access such evidence review technology; or 3. Such other means, as the department may determine, that enables a person to access and use such evidence review technology. c. Notwithstanding any provision of this section to the contrary, the department shall not be required to provide access to evidence review technology: 1. Where providing such access would, in the judgment of the department, pose a safety or security risk, or disrupt the orderly functioning of the department; 2. Where providing such access would, in the judgment of the department, be impracticable due to extenuating circumstances, such as a power outage; or 3. Where providing such access would result in a violation of law. d. No later than October 1, 2026, the board of correction shall submit to the mayor, the department, and the speaker of the council, and post on the board’s website, a report about the department’s provision of access to evidence review technology pursuant to this section. Such report shall include any feedback from any person in the care and custody of the department about such provision of access to evidence review technology, and any recommendations of the board for potential improvements to such provision of access by the department. The department shall respond to the report no later than 30 days after submission to the department of such report. Such response shall state whether the department will adopt or implement any such recommendation, and, for any such recommendation that the department will adopt and implement, set forth a projected timetable for adopting or implementing such recommendation. No later than October 1, 2027, and no later than October 1 of each year thereafter, the board may submit an additional report in accordance with this subdivision. (L.L. 2025/138, 10/10/2025, eff. 7/7/2026)

NYC Admin. Code § 9-175 Department coordinator for borough-based jail transition.

§ 9-175 Department coordinator for borough-based jail transition. a. The commissioner shall establish the full-time position of department coordinator for borough-based jail transition. b. The department coordinator for borough-based jail transition shall: 1. Advise and assist the department regarding the cessation of housing incarcerated individuals in jails located on Rikers Island and the transition to housing incarcerated individuals in jails other than jails located on Rikers Island; 2. No later than May 1, 2026, submit to the mayor and the speaker of the council, and post on the department’s website, a report with recommendations for any reforms relating to staff recruitment, development and retention; safety and security within jails; and department operations and organizational culture to improve conditions for department staff and persons in custody. The report shall include an assessment of the feasibility of using a jail located on Rikers Island to evaluate potential changes to department policies and procedures. To the extent practicable, the department coordinator shall seek and incorporate feedback on such recommendations from department staff and persons in custody; 3. Every 6 months following the submission and posting of such report, submit to the mayor and the speaker of the council, and post on the department’s website, any updates describing any progress toward adoption or implementation of any of the recommendations set forth in the report; 4. No later than November 1, 2026, submit to the mayor and the speaker of the council a staffing report for each jail on Rikers Island, which shall include, but need not be limited to, information on the uniformed and civilian staff needed to operate each type of housing unit in such jail, provided such staffing report shall not include any information that, in the judgment of the department, would compromise the safety or security of any person in custody or department staff; and 5. No later than August 1, 2027, submit to the mayor and the speaker of the council a staffing report for each jail other than a jail located on Rikers Island, provided that, where lack of design information or other circumstance prevents the development of such staffing report by such date, the department coordinator shall submit such staffing report to the mayor and the speaker of the council as soon as practicable. Such staffing report shall include, but need not be limited to, information on the uniformed and civilian staff needed to operate each type of housing unit within such jail, provided such staffing report shall not include any information that, in the judgment of the department, would compromise the safety or security of any person in custody or department staff. (L.L. 2025/140, 10/10/2025, eff. 10/10/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/140.

NYC Admin. Code § 9-176 Work release program.

§ 9-176 Work release program. a. Definitions. For purposes of this section, the following term has the following meaning: Work release program. The term “work release program” means a program established in accordance with article 6-A of the correction law. b. No later than March 1, 2026, the department shall submit to the mayor, the speaker of the council and the board of correction a written response to recommendations published in a report from the board of correction ad hoc committee to review the utilization of the department’s work release program, posted on the board’s website following presentation at such board’s meeting on July 8, 2025. Such written response shall include, for each recommendation, whether the department has made a determination to implement such recommendation and, where the department has made a determination not to implement such a recommendation, the reasons for such determination. c. Beginning on July 1, 2026, the department shall submit to the mayor, the speaker of the council, and the board of correction a biannual report regarding utilization of the work release program for the six months ending on June 30 and December 30, and post such report on the department’s website. Such report shall be submitted by February 1 and August 1 of each year and shall include but need not be limited to: 1. The number of incarcerated persons sentenced to less than one year, disaggregated by top charge resulting in a disposition, length of maximum sentence, race, gender, and age as follows: 18-29, 30-59, 60 or older; 2. The number of incarcerated persons serving a sentence of less than one year who were eligible for the work release program and whose participation in such program began during the reporting period, disaggregated by length of maximum sentence, race, gender, and age as follows: 18-29, 30-59, 60 or older; 3. The number of incarcerated persons serving a sentence of less than one year who were eligible for the work release program and declined to participate in such program, 4. The number of incarcerated persons serving a sentence of less than one year who were determined to be ineligible for the work release program, disaggregated by the reason for ineligibility, length of maximum sentence, race, gender, and age as follows: 18-29, 30-59, 60 or older; 5. For persons serving a sentence of less than one year who were eligible for the work release program and whose participation in such program began during the reporting period, the time left on their maximum sentence when their participation in such program began, disaggregated as follows; less than 30 days, 30-59 days, 60-180 days, or greater than 180 days; 6. For persons serving a sentence of one year or less who were eligible for the work release program, the number of people who completed their sentence while participating in such program; and 7. For persons serving a sentence of one year or less who were eligible for the work release program, the number of people whose participation in such program was revoked prior to the completion of their sentence. d. The report required by this section shall not contain identifying information as defined in section 23-1201. If a category to be reported contains fewer than 3 persons or contains an amount that would allow another category that contains fewer than 3 persons to be deduced, the number shall be replaced with a symbol. If a category to be reported contains zero individuals it shall be reported as zero. (L.L. 2025/200, 12/25/2025, eff. 12/25/2025)

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/NYCadmin/0-0-0-5271Fetched: 10/24/2026