Title 9: Criminal Justice

Chapter 1: Department of Correction

§ 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.

§ 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.

§ 9-103 Segregation of prisoners on Hart’s Island. [Repealed]

*§ 9-104 Transfer of inmates 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.

§ 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.

§ 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.

§ 9-107 Narcotics treatment program.

  1. 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.
  2. 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.

§ 9-108 Sick call and clinic production.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 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 inmates, 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.

§ 9-110 Education and programming.

The commissioner of correction may establish and maintain schools or classes for the instruction and training of the inmates of any institution under the commissioner’s charge, and shall offer to all inmates incarcerated for more than 10 days a minimum of five hours per day of inmate 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 inmates in punitive segregation, or to inmates 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 inmate, 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 “inmate programming” has the same meaning as in section 9-144.

§ 9-111 Libraries.

  1. 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 inmates. 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.
  2. 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.

§ 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.

§ 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.

§ 9-114 Discipline of inmates.

  1. 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 inmates 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.

  1. The officers in any institution of the department of correction shall not inflict any blows upon a prisoner except in self-defense or to supress* a revolt or insurrection.

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

  1. 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.
  2. 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.

§ 9-116 Three platoon system.

  1. 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.

  1. 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.
  2. 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 inmates 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 manage- ment.
  3. 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.
  4. [Repealed.]
  5. 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.

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

  1. 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.

    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 inmate, 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.

  1. The uniforms to be worn by the members of the force shall be prescribed by the commissioner of correction.

§ 9-117.1 Receipt of line of duty pay.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. As used in this section the term “incapacity” shall mean the inability to perform full, limited, or restricted duty.

§ 9-118 Commissaries.

  1. The commissioner of correction may establish a commissary in any institution under the commissioner’s jurisdiction for the use and benefit of the inmates 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.
  2. 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.

  1. 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 inmates 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.
  2. 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.
  3. The salaries of the employees of such commissaries shall be fixed by the mayor.
  4. 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.

§ 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.

§ 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.

§ 9-121 Records of inmates 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.

§ 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 inmates of any of the institutions in the department of correction who are performing work for any other agency.

§ 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.

§ 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.

§ 9-125 Civil jail.

  1. The commissioner of correction shall have custody of civil prisoners and the prisons wherein they are confined.
  2. 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.

§ 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.

§ 9-127 Housing, employment and sobriety needs.

  1. 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.
  2. The department of correction shall collect, from any sentenced inmate who will serve, after sentencing, ten days or more in any city correctional institution, information relating to such inmate’s housing, employment and sobriety needs. The department of correction shall, with the consent of such inmate, provide such information to any social service organization that is providing discharge planning services to such inmate 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 inmate’s successful reintegration into the community.

§ 9-127.1 Discharge planning.

  1. 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 inmate 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 inmate, including but not limited to the inmate’s geographic location upon release from the custody of the department, specific social service needs if applicable, prior criminal history, and employment needs.

   Eligible inmate. The term “eligible inmate” 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 inmate upon release from the custody of the department to the community, as well as follow-up support offered to the inmate 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 inmate upon his or her release.

  1. Prior to the release of an eligible inmate from the custody of the department, a designee of the department shall to the extent practicable develop and offer to such inmate a discharge plan. Discharge plans developed pursuant to this section shall not be required when, upon release from the custody of the department, an inmate 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.

§ 9-128 Applications for government benefits.

  1. The department of correction shall make applications for government benefits available to inmates by providing such applications in areas accessible to inmates in city correctional institutions.
  2. The department of correction shall provide assistance with the preparation of applications for government benefits and identification to sentenced inmates 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 inmate who may benefit from such assistance.
  3. 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.

§ 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 inmates receiving discharge planning services from the department of correction or any social services organization under contract with the department of correction.

§ 9-130 Jail data reporting on adolescents. [Repealed]

*§ 9-130 Jail data reporting.* ::
  1. Definitions. For purposes of this section, the following terms have the following meanings:

   Adolescent. The term “adolescent” means an inmate 16 or 17 years of age.

   Adult. The term “adult” means an inmate 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 inmate who works at a facility operated by the department.

   Young adult. The term “young adult” means an inmate 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 inmate 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 inmate 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 inmate resulting in no injury to staff or inmate, including an incident where the use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination.

  1. 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 inmates in the custody of the department during such prior month:

   1. fight infractions written against inmates;

   2. assaults on inmates by inmates involving stabbings, shootings or slashings;

   3. assaults on inmates by inmates in which an inmate 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 inmates in which staff suffered serious injury.

  1. 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 inmates 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 inmates separately:

   1. fight infractions written against inmates;

   2. assaults on inmates by inmates in which an inmate suffered a serious injury, excluding assaults involving stabbings, shootings or slashings;

   3. assaults on inmates by inmates involving stabbings;

   4. assaults on inmates by inmates involving shootings;

   5. assaults on inmates by inmates involving slashings;

   6. total number of assaults on inmates by inmates involving stabbings, shootings or slashings;

   7. total number of assaults on inmates by inmates involving stabbings, shootings or slashings in which an inmate suffered a serious injury;

   8. assaults on inmates by inmates in which an inmate was admitted to a hospital as a result;

   9. homicides of inmates by inmates;

   10. attempted suicides by inmates;

   11. suicides by inmates;

   12. assaults on staff by inmates;

   13. assaults on staff by inmates in which staff suffered serious injury;

   14. assaults on staff by inmates in which the staff was transported to a hospital as a result;

   15. incidents in which an inmate splashed staff;

   16. allegations of use of force A;

   17. actual incidents of use of force A;

   18. inmate 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.

  1. 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 inmate by an inmate; (2) substantiated incidents of sexual abuse of an inmate by an inmate; (3) allegations of sexual abuse of an inmate by staff; and (4) substantiated incidents of sexual abuse of an inmate by staff.
  2. 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.

§ 9-131 Persons not to be detained.

  1. 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 crimeor 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, employee or person otherwise paid by or acting as an agent of United States immigration and customs enforcement or any division thereof or any other officer, employee or person otherwise paid by or acting as an agent of the United States department of homeland security who is charged with enforcement of the civil provisions of the immigration and nationality act.

   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.

  1. 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.

  1. 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.
  2. No conflict with existing law. This local law supersedes all conflicting policies, rules, procedures and practices of the city of New York. Nothing in this local law shall be construed to prohibit any city agency from cooperating with federal immigration authorities when required under federal law. Nothing in this local law shall be interpreted or applied so as to create any power, duty or obligation in conflict with any federal or state law.
  3. 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.
  4. 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.

  1. For the purpose of this section, any reference to a statute, rule, or regulation shall be deemed to include any successor provision.
  2. 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 the purpose of investigating possible violations of civil immigration law; provided, however, that the mayor may, by executive order, authorize federal immigration authorities to maintain an office or quarters on such land for purposes unrelated to the enforcement of civil immigration laws.

§ 9-132 Hart’s Island electronic burial database.

  1. 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.

§ 9-133 Hart’s Island visitation policy.

  1. 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.

§ 9-134 Jail segregated housing statistics.

  1. 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.

   Inmate recreation day. The term “inmate recreation day” means one day per each individual for every day in punitive segregation during each quarter.

   Inmate shower day. The term “inmate 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 inmates 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 inmates 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 inmates 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 inmate, 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 inmate 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 inmate.

   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 inmates.

  1. 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 inmates 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 inmates in each security risk group as defined by the department’s classification system directive, (ii) the number of inmates subject to enhanced restraints, including but not limited to, shackles, waist chains and hand mittens, (iii) the number of inmates sent to segregated housing units and MHU during the period, (iv) the number of inmates sent to segregated housing units and MHU from mental observation housing areas, (v) the number of inmates, by highest infraction offense grade as classified by the department, (grade one, two, or three), (vi) the number of inmates 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 inmates receiving mental health services, (viii) the number of inmates twenty-one years of age and under, (ix) the number of inmates over twenty-one years of age in ten-year intervals, (x) the race and gender of inmates, (xi) the number of inmates who received infractions while in segregated housing units or MHU, (xii) the number of inmates who received infractions that led to the imposition of additional punitive segregation time, (xiii) the number of inmates who committed suicide, (xiv) the number of inmates who attempted suicide, (xv) the number of inmates on suicide watch, (xvi) the number of inmates who caused injury to themselves (excluding suicide attempt), (xvii) the number of inmates seriously injured while in segregated housing units or MHU, (xviii) the number of inmates who were sent to non-psychiatric hospitals outside the city jails, (xix) the number of inmates who died (non-suicide), (xx) the number of inmates transferred to a psychiatric hospital from segregated housing units, (xxi) the number of inmates transferred to a psychiatric hospital from MHU, disaggregated by program, (xxii) the number of inmates moved from general punitive segregation to MHU, disaggregated by program, (xxiii) the number of inmates placed into MHU following a disciplinary hearing, disaggregated by program, (xxiv) the number of inmates moved from MHU to a segregated housing unit, disaggregated by segregated housing unit type, (xxv) the number of inmates prescribed anti-psychotic medications, mood stabilizers or anti-anxiety medications, disaggregated by the type of medication, (xxvi) the number of requests made by inmates for medical or mental health treatment and the number granted, (xxvii) the number of requests made by inmates to attend congregate religious services and the number granted, (xxviii) the number of requests made by inmates for assistance from the law library and the number granted, (xxix) the number of requests made by inmates to make telephone calls and the number granted, disaggregated by weekly personal calls and other permissible daily calls, (xxx) the number of inmate recreation days and the number of recreation hours attended, (xxxi) the number of individual recreation hours that were offered to inmates prior to six a.m., (xxxii) the number of inmate shower days and the number of showers taken, (xxxiii) the number of inmates 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 inmate sexual assault, (xl) the number of instances of substantiated staff on inmate sexual assault, (xli) the number of instances of allegations of inmate on staff sexual assault, and (xlii) the number of instances of substantiated inmate on staff sexual assault.

§ 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.

Editor’s note: the local law that enacted the above § 9-135 provides, in part, as follows: “This local law shall expire and be deemed repealed on October 1, 2020, provided that the commissioner of correction provides written notice to the council in the first six months of the year 2020 that this local law will expire without further action by the council. If the commissioner does not provide such notice by June 30, 2020, this local law shall expire and be deemed repealed one year following the date on which the council receives such notice”; see L.L. 2015/084 § 2.

§ 9-136 Grievance process.

  1. 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.

  1. 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.

  1. Reserved.
  2. 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;

  1. 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.
  2. 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.

  1. 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.
  2. Incarcerated individuals unable to read, access, or understand the grievance process shall be provided with assistance necessary to meaningfully engage in such process.

§ 9-137 Jail population statistics.

  1. 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 inmate population in city jails for the preceding quarter. Such quarterly report shall include the following information based on the number of inmate 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 inmates 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 inmates housed in any transgender housing unit.

   3. Race of inmates, categorized as follows: African-American, Hispanic, Asian, white, or any other race.

   4. The borough in which the inmate was arrested.

   5. Educational background as self-reported by inmates 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 inmates identified by the department as a member of a security risk group, as defined by the department.

§ 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 inmates, 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.

§ 9-139 Bill of rights for incarcerated individuals.

  1. 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.
  2. 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.
  3. 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.
  4. The department shall publish on its website any documents created pursuant to this section. Such documents shall be available in English and Spanish.
  5. 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.
  6. 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.

§ 9-140 Jail visitation statistics.

  1. 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 professionals and any person who registers to visit an incarcerated individual in the department’s visitor tracking system.

  1. 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 inmate population in city jails for the prior quarter. Such quarterly report shall include the following information in total and disaggregated by whether the visitor is a professional, and also disaggregated by the type of services the professional provides:

   1. The total number of visitors to city jails, the total number of visitors to borough jail facilities, and the total number of visitors to city jails on Rikers Island.

   2. The total number of visitors that visited an inmate at city jails, the total number of visitors that visited an inmate at borough jail facilities, and the total number of visitors that visited an inmate at city jails on Rikers Island.

   3. The number of visitors unable to visit an inmate at any city jail, in total and disaggregated by the reason such visit was not completed.

   4. The inmate visitation rate, which shall be calculated by dividing the average daily number of visitors who visited inmates at city jails during the reporting period by the average daily inmate population of city jails during the reporting period.

   5. The borough jail facility visitation rate, which shall be calculated by dividing the average daily number of visitors who visited inmates at borough jail facilities during the reporting period by the average daily inmate population of borough jail facilities during the reporting period.

   6. The Rikers Island visitation rate, which shall be calculated by dividing the average daily number of visitors who visited inmates at city jails on Rikers Island during the reporting period by the average daily inmate population of city jails on Rikers Island during the reporting period.

  1. 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 AM and 3:00 PM, 3:00 PM and 11:00 PM, or 11:00PM and 7:00 AM;

   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.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 9-141 Feminine hygiene products.

All female inmates in the custody of the department shall be provided, at the department’s expense, with feminine hygiene products as soon as practicable upon request. All female individuals arrested and detained in the custody of the department for at least 48 hours shall be provided, at the department’s expense, with feminine hygiene products as soon as practicable upon request. For purposes of this section, “feminine hygiene products” means tampons and sanitary napkins for use in connection with the menstrual cycle.

§ 9-142 Rikers Island nursery procedures and report.

  1. 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 inmate, 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 inmate resulting in an injury to staff or inmate 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 inmate resulting in an injury to staff or inmate 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 inmate resulting in no injury to staff or inmate, including incidents where use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination.

  1. 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.
  2. 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 inmate 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 inmate 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 inmate.

   4. Inmates who are unable to read or understand the procedures in this subdivision shall be provided with necessary assistance.

  1. 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 inmates 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 inmates 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.

  1. 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.

§ 9-143 Annual report on mentally ill inmates and recidivism.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Eligible inmate. The term “eligible inmate” means an inmate 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 inmates 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.

  1. No later than March 31 of each year, beginning in 2017, the department shall post on its website a report regarding mentally ill inmates and recidivism. Such report shall include but not be limited to the following information:

   1. The number of inmates released by the department to the community during the reporting period, the number of eligible inmates released to the community by the department during the reporting period, and the percentage of inmates 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 inmates 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 inmates 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.

  1. 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.

§ 9-144 Correction programming evaluation and report.

  1. The department shall evaluate inmate programming each calendar year. For purposes of this section, “inmate programming” includes but is not limited to any structured services offered directly to inmates 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 inmates 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.

§ 9-145 Trauma-informed care.

  1. 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 inmates.

   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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 9-146 Inmate court appearance transportation.

  1. 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 inmate to the custody of the department, determine whether an inmate 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.
  2. In complying with subdivision a, the department shall:

   1. notify the office of court administration that such inmate is in department custody upon determination of such court appearance, pursuant to subdivision a; and

   2. provide, as required by the court, transportation for every inmate for all such court appearances.

  1. 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.

§ 9-147 Inmate court appearance clothing.

Except as provided elsewhere in this section, the department shall provide every inmate 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 inmates for such appearances in such clothing. If such clothing is not available, or if an inmate chooses not to wear their personal clothing, the department shall provide such inmate 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 inmate chooses to wear the uniform issued by the department, or (ii) such inmate is required to wear such uniform by an order of the court. The department shall permit personal clothing to be delivered to an inmate 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 inmate’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 inmate released from the custody of the department from a court, unless the inmate is wearing the inmate’s own personal clothing.

§ 9-148 Bail payments and processing.

  1. The department shall accept cash bail payments immediately and continuously after an inmate is admitted to the custody of the department, except on such dates on which an inmate appears in court other than an arraignment in criminal court.
  2. The department shall release any inmate 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 inmate cannot be released within the required time period due to extreme and unusual circumstances then such inmate shall be released as soon as possible. Such timeframe may be extended when any of the following occurs, provided that the inmate’s release shall be forthwith as that term is used in section 520.15 of the criminal procedure law:

   1. The inmate receives discharge planning services prior to release;

   2. The inmate has a warrant or hold from another jurisdiction or agency;

   3. The inmate is being transported at the time bail or bond is paid or posted;

   4. The inmate is not in departmental custody at the time bail or bond is paid or posted;

   5. The inmate requires immediate medical or mental health treatment; or

   6. Section 520.30 of the criminal procedure law necessitates a delay.

  1. The department shall accept or facilitate the acceptance of cash bail payments for inmates 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.*
  2. 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.
    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*)

  • Editor’s note: Pursuant to § 2 of L.L. 2017/123, this section is effective 10/1/2017 except for subsection c, which is effective 1/22/2018. Pursuant to § 2 of L.L. 2019/089, subsection e.1. is effective 11/10/2019 and subsection e.2. is effective 8/10/2020.

§ 9-149 Admission delays.

  1. In order to facilitate the posting of bail, the department may delay the transportation of an inmate for admission to a housing facility for not less than four and not more than 12 hours following the inmate’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 inmate.
  2. Such delay is not permissible for any inmate 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.

  1. This section does not require the department to exceed the lawful capacity of any structure or unit, or require the department to detain inmates in courthouse facilities during such times as correctional staff are not regularly scheduled to detain inmates provided that the department must provide for the regular staffing of courthouse facilities for at least one hour after the last inmate was taken into custody on bail.
  2. 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 inmates whose admission to a housing facility was delayed pursuant to this section;

   3. The number and percentage of such inmates who posted bail during such delay and the number and percentage of such inmates who posted bail during the two calendar days following such inmates’ arraignment; and

   4. The number of inmates 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*)

  • Editor’s note: § 2 of L.L. 2017/123, provides, in part, that “subdivision d of section 9-149, as added by section 1 of this local law, shall expire and be deemed repealed on June 30, 2022, provided that the commissioner of correction provides written notice to the council in the first six months of the year 2022 that this local law will expire without further action by the council. If the commissioner does not provide such notice by June 30, 2022, this local law shall expire and be deemed repealed one year following the date on which the council receives such notice.”

§ 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 9-151 Rikers Island education report.

  1. 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.

  1. 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.
  2. 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.

  1. 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 inmates, 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.

  1. 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.

§ 9-152 Report on use of force investigations.

  1. 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 inmate.

   Staff. The term “staff” means any department of correction uniformed staff.

  1. 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.

  1. 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.

§ 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.

§ 9-154 Telephone services to inmates.

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.

§ 9-155 Emergency lock-in report.

  1. 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.

  1. 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.

  1. 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.
  2. 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.

Editor’s note: Section 2 of L.L. 2018/164 provides: “This local law takes effect immediately, except the reporting required pursuant to paragraphs 6 through 10 of subdivision b of section 9-155 of the administrative code of the city of New York shall be due no later than sixty days following the end of the quarter beginning July 1, 2019.”

§ 9-156 Sexual abuse reporting.

  1. 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 inmates 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.

  1. Within 90 days of July 1, 2019 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 for which an investigation lasted longer than 90 days that occurred during the preceding six-month period, provided that the information required in paragraphs 14 through 25 of this subdivision need not be included in such reports until the report due within 90 days of July 1, 2021. All data shall be reported in a format capable of automated processing. Such report shall include the following information for each allegation of sexual abuse and sexual harassment:

   1. The date on which the incident occurred and whether the incident took place between the times of 7:00 AM and 3:00 PM, 3:00 PM and 11:00 PM, and 11:00PM and 7:00 AM;

   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 and an investigation was opened;

   4. The gender 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, over 60, or under 18 when such individuals are in department custody;

   6. The race and ethnic origin 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 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 the 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 transgender or intersex;

   19. Whether the alleged victim is known to identify as non-binary or gender non-conforming;

   20. Whether the alleged victim is known to identify as lesbian, gay or bi-sexual;

   21. Whether DNA or any other physical evidence was obtained;

   22. Whether a rape kit was administered, declined or not applicable;

   23. 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;

   24. Whether a sexual assault nurse examiner or sexual assault response team was present during the administration of a rape kit; and

   25. 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.

  1. Within 90 days of July 1, 2019, and every six months thereafter, the department shall report to the council and the board of correction a report of investigations of allegations of sexual abuse and sexual harassment that concluded during the preceding six-month period, provided that the information required in paragraphs 14 through 25 of subdivision b and paragraphs 8 through 11 of this subdivision need not be included in such reports until the report due within 90 days of July 1, 2021. All data shall be reported in a format capable of automated processing. Such report shall include the following information in addition to the information in paragraphs 1 through 25 of subdivision b of this section:

   1. The date the investigation was opened and closed;

   2. Whether the department determined that the incident was substantiated, unsubstantiated, or unfounded;

   3. Whether the allegation was referred to a district attorney’s office and whether that district attorney’s office declined to prosecute, and whether the alleged perpetrator was convicted during the reporting period;

   4. Whether the investigation was conducted by the facility or by the investigation division;

   5. Where an investigation was referred to the investigation division, the reason for such referral;

   6. Whether the investigation was referred back from the investigative division to the department facility and the reason for such referral;

   7. Whether the alleged victim was notified regarding the outcome of the investigation;

   8. Whether the alleged victim was referred to trauma or rape crisis services following the incident and if the victim accepted or declined such services while in custody;

   9. Whether the alleged perpetrator and alleged victim were separated from physical contact during pendency of the investigation;

   10. 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;

   11. 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.

  1. Within 90 days of July 1, 2019, and every six months thereafter, the department shall post on its website the information required in subdivisions b and c 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

§ 9-157 Housing requests related to gender identity.

  1. 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.
  2. 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.

§ 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.

§ 9-159 Guiding principles for new correctional facilities.

  1. 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.

  1. 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.

  1. 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.
  2. This section is not intended to encompass the entirety of standards to apply to jail facilities.

§ 9-160 Reports during public health emergencies.

  1. 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.

  1. 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

  1. 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;

  1. 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.
  2. 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.
  3. 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.

Chapter 2: Department of Probation

§ 9-201 Probation administrative fee.

  1. In accordance with section 257-c of the executive law, any individual currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law shall pay to the department of probation an administrative fee of thirty dollars per month.
  2. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.
  3. The administrative fee authorized by this subdivision shall not constitute, nor be imposed, as a condition of probation.
  4. The department of probation shall waive all or part of the administrative fee where, because of the indigence of the offender, the payment of the administrative fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
  5. In the event of non-payment of any fees that have not been waived by the department of probation, the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.
  6. Monies collected pursuant to this section shall be utilized for probation services by the department of probation.

§ 9-202 Investigation fee.

  1. In accordance with section 252-a of the family court act, when ordered by the court to conduct an investigation pursuant to section six hundred fifty-three of the family court act, the department of probation shall receive an investigation fee of not less than fifty dollars and not more than five hundred dollars from the parties in such proceeding for performing such investigation.
  2. Such investigation fee shall be determined by the court based on the party’s ability to pay the fee, and the schedule for payment shall be fixed by the court issuing the order for investigation, pursuant to the guidelines issued by the director of the New York state division of probation and correctional alternatives.
  3. The court, in its discretion, may waive the investigation fee when the parties lack sufficient means to pay the fee.
  4. The court shall apportion the investigation fee between the parties based upon the respective financial circumstances of the parties and the equities of the case.
  5. Fees pursuant to this section shall be paid directly to the department of probation to be retained and utilized for local probation services.

§ 9-203 Probation recidivism report.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Adjust. The term “adjust” has the same meaning as the process described in section 308.1 of the New York family court act, or any successor statute.

   Department. The term “department” means the New York city department of probation.

   Eligible year. The term “eligible year” means any year during which a court ordered the department to supervise a probationer that pursuant to such court order would have terminated during the reporting period.

   Probationer. The term “probationer” means a person the department has been ordered to supervise.

  1. No later than 90 days from January 1 of each year, beginning in 2017, the department shall provide to the council and publish on its website an annual report regarding recidivism. Such report shall include the information required by paragraphs 2 through 6 of this subdivision for every eligible year regarding probationers sentenced to probation during such eligible year. Such report shall include the following information for probationers who were under the supervision of the department during the previous calendar year:

   1. The number of probationers, the average monthly number of probationers, and the number of probationers whose period of supervision began during the reporting period;

   2. The number and percentage of probationers who were: (a) arrested for a non-criminal offense; (b) arrested for any crime; (c) arrested for a misdemeanor; (d) arrested for a felony; disaggregated by whether such felony is a violent felony offense as such term is defined by section 70.02 of the penal law or any successor statute, or whether such probationers were felony drug offenders or second felony drug offenders, as such terms are defined by section 70.70 of the penal law or any successor statute; (e) convicted of a non-criminal offense, (f) convicted of a misdemeanor; or (g) convicted of a felony, disaggregated by whether such felony is a violent felony offense as such term is defined by section 70.02 of the penal law or any successor statute, or whether such probationers were felony drug offenders or second felony drug offenders, as such terms are defined by section 70.70 of the penal law or any successor statute;

   3. With respect to the probationers who were arrested for any non-criminal offense, misdemeanor or felony during their probation, as reported in paragraph 2 of this subdivision, the number of arrests that resulted in sentences of incarceration other than time served, disaggregated by such category of arrest;

   4. The number and percentage of probationers who were arrested within the following periods of time from the date of their sentence: (a) 1 month, (b) 3 months, (c) 6 months, (d) 1 year, (e) 2 years, and (f) 3 years;

   5. The number and percentage of probationers who: (a) were in full compliance with the terms of their probation, (b) violated the terms of their probation, in total and disaggregated by whether such violation was based on an arrest or another ground, or (c) violated the terms of their probation, and there was filed a related declaration of delinquency, petition of violation, or similar court filing, in total and disaggregated by whether such declaration was based on an arrest, a violation of the technical terms of probation, or absconding;

   6. The number and percentage of probationers whose period of probation was successfully completed during the reporting period, and the mean and median length of their period of probation; and

   7. The number of cases opened for adjustment during the reporting period that were monitored by the department, and the number and percentage of such cases in which those being monitored violated the terms of their monitoring.

  1. The information required by subdivision b of this section shall be reported in total and disaggregated by the following criteria:

   1. The age of the probationer, where applicable, in the following categories at a minimum: (a) up to age 15, (b) 16-24, and (c) 25 and older. For the purposes of subdivision b of this section, such age shall be calculated by using the probationer’s age at the end of the reporting period, and for the purposes of subdivision c of this section such age shall be calculated by using the probationer’s age at the time at which their period of supervision began;

   2. Whether the underlying case for which the probationer was ordered to be monitored by the department was classified by state law, or by equivalent laws of another state, as a: (a) juvenile delinquency, (b) juvenile offender, (c) youthful offender, or (d) adult criminal case;

   3. For those probationers for whom the underlying case for which the probationer was ordered to be monitored was an adult criminal case, or the equivalent in another state, whether such case was a misdemeanor or felony; and

   4. The risk level of the probationer, as described in section 351.6 of title 9 of the compilation of codes, rules and regulations of the state of New York, or any successor regulation.

  1. The information required by subdivisions b and c of this section shall be compared to previous reporting periods, and shall be stored permanently and shall be accessible from the department’s website.

§ 9-204 Probation programming report.

The department of probation shall evaluate the effectiveness of each program through which the department provides any structured service directly to probation clients. No later than 90 days from January 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 criteria determined by the department, which shall include, but not be limited to, information related to the following for each such program: (i) the amount of funding received; (ii) the number of individuals served; (iii) a brief description of the services provided, including a program’s length, requirements, and target populations, where applicable; and (iv) recidivism and compliance rates, if applicable, provided that such summary may calculate recidivism without using data for participants who only participated in such programming for a minimal period of time, where such period of time is identified in such summary.

§ 9-205 Persons not to be detained.

  1. For the purposes of this section, all terms shall have the same meanings as set forth in section 9-131, except that the term “department” means department of probation.
  2. The department may only honor a civil immigration detainer by holding a person if:

   1. 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

   2. a search 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 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.

  1. No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold persons on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section.
  2. No conflict with existing law. This section supersedes all conflicting policies, rules, procedures and practices of the city. Nothing in this section shall be interpreted or applied so as to create any power, duty or obligation in conflict with any applicable law.
  3. 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 or the department, or any official or employee thereof.
  4. Reporting. No later than September 1, 2018, and no later than September 1 of each year thereafter, the department shall post a report on its website that includes the following information for the preceding 12-month period ending June 30:

   1. the number of civil immigration detainers received from federal immigration authorities;

   2. the number of persons held pursuant to civil immigration detainers;

   3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;

   4. the number of persons for whom civil immigration detainers were not honored; and

   5. the number of requests from federal immigration authorities concerning a person’s incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or any other information related to such person, and the number of responses honoring such requests, 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, scheduled appointment dates or times, 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, scheduled appointment dates or times, 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 were 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, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.

  1. Publication of policy required. The department shall publish on its website its policy regarding requests for information from federal immigration authorities.

Editor’s note: Section 2 of L.L. 2017/226 provides: “This local law takes effect immediately, provided that subdivision g of section 9-205 of the administrative code of the city of New York, as added by section one of this local law, takes effect 90 days after it becomes law, and provided further that information newly required to be reported by subdivision f of section 9-205 of the administrative code of the city of New York, as added by section one of this local law, shall be required to be reported only for periods beginning 60 days after the effective date of this local law.”

§ 9-206 Marijuana testing

  1. The department of probation shall not require individuals on probation to submit to marijuana testing unless a determination is made, based on an individual’s history and personal circumstances, that abstinence from marijuana is necessary to otherwise lead an otherwise law-abiding life.

§ 9-207 Local conditional release commission.

There is hereby established a local conditional release commission. Such commission shall have the powers, duties, and composition as set forth in article 12 of the correction law or any successor statute.

Chapter 3: Office of Criminal Justice

§ 9-301 Definitions.

As used in this chapter, the following terms have the following meanings:

Charge. The term “charge” means the most serious offense charged or alleged in a criminal summons.

Criminal summons. The term “criminal summons” has the same meaning as that in section 14-101.

Offense. The term “offense” has the same meaning as that in section 10.00 of the penal law or any successor provision.

Office. The term “office” means the office of criminal justice as defined in section 13 of the charter or another office or agency designated by the mayor to implement the provisions of this chapter.

§ 9-302 Bail information in courts.

The office or another office or agency designated by the mayor shall make reasonable efforts to work with the office of court administration to promote the availability of complete and accurate information regarding the bail posting process to persons seeking to post bail. Such efforts shall include promoting the display of information regarding posting bail conspicuously in locations in courthouses where such information would assist individuals in posting bail and the direct communication of such information to such persons. Such information shall include how to determine the amount and type of bail ordered and all processes required to post bail, including where and how to post bail.

§ 9-303 Citywide summons report.

The office shall submit a biannual summary of summonses to the council and post such summary to the office’s website. This summary shall be submitted within 30 days of January 1 and July 1 of each year. This summary shall include but not be limited to the following information regarding criminal summonses issued during the previous six months:

  1. The number of criminal summonses, in total and disaggregated by the number and percentage of such summonses issued by each city agency, and further disaggregated by the number and percentage of charges in the following categories: (a) felonies, (b) misdemeanors, and (c) violations or infractions.
  2. The number and percentage of criminal summonses disaggregated by charge, and further disaggregated by agency.
  3. The number and percentage of criminal summonses disaggregated by agency, and further disaggregated by charge.

§ 9-304 Erroneous criminal records.

  1. It shall be a policy of the office to use best efforts to:

   1. Seek a reduction in erroneous criminal and juvenile records, including but not limited to records of arrests that are not associated with a criminal prosecution.

   2. Take all practicable measures to identify the root causes of erroneous criminal and juvenile records and propose solutions to address such causes.

   3. Seek the existence of efficient processes through which erroneous criminal or juvenile records may be rectified, and that members of the public are made aware of such processes.

  1. Within 30 days of the beginning of each calendar year, commencing in 2019, the office shall issue an annual report to the mayor and the council, and publish such report on the office’s website, regarding actions taken pursuant to this section during the previous calendar year.

§ 9-305 Outstanding criminal warrants.

  1. It shall be a policy of the office to make best efforts to:

   1. Work with the New York city police department and any relevant state or federal entity to seek the accuracy of records regarding outstanding criminal warrants.

   2. Facilitate the reduction of outstanding criminal warrants.

   3. Seek access to efficient processes for members of the public to rectify inaccurate criminal warrants.

  1. No later than February 1, 2019, and every February 1 thereafter, the office shall prepare and submit to the council and post on the office’s website an annual report regarding actions taken pursuant to this section for the previous calendar year. Such report shall include, to the extent this information is available, the number of outstanding criminal warrants in the city.

§ 9-306 Annual reporting on bail and the criminal justice system.*

  1. Within 90 days of the beginning of each reporting period, the office of criminal justice shall post on its website a report regarding bail and the criminal justice system for the preceding reporting period. The reporting period for paragraphs 1, 3, 14, and 15 of this subdivision is quarterly, the reporting period for paragraphs 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 16 is semi-annually, and the reporting period for paragraphs 17 through 33 is annually. For the purposes of this subdivision, any inmate incarcerated on multiple charges shall be deemed to be incarcerated only on the most serious charge, a violent felony shall be deemed to be more serious than a non-violent felony of the same class, any inmate incarcerated on multiple charges of the same severity shall be deemed to be held on each charge, any inmate incarcerated on multiple bail amounts shall be deemed to be held only on the highest bail amount, any inmate held on pending criminal charges who has a parole hold shall be deemed to be held only on the parole hold, any inmate held on pending criminal charges who has any other hold shall be deemed to be held only on the pending criminal charges, and any inmate incarcerated on multiple cases in which sentence has been imposed on at least one of such cases shall be deemed to be sentenced. Such report shall contain the following information, for the preceding reporting period or for the most recent reporting period for which such information is available, to the extent such information is available:

   1. The average daily population of inmates in the custody of the department of correction.

   2. The number of inmates admitted to the custody of the department of correction during the reporting period who had been sentenced to a definite sentence, the number held on pending criminal charges, and the number in any other category.

   3. Of the number of inmates in the custody of the department of correction on the last Friday of each calendar month of the reporting period, the percentage who had been sentenced to a definite sentence, the percentage held on pending criminal charges, and the percentage in any other category.

   4. Of the number of inmates in the custody of the department of correction on the last Friday of each calendar month of the reporting period held on pending criminal charges, the percentage who were remanded without bail.

   5. The number of inmates in the custody of the department of correction who were sentenced to a definite sentence during the reporting period of the following length:

      (a) 1-15 days;

      (b) 16-30 days;

      (c) 31-90 days;

      (d) 91-180 days; or

      (e) more than 180 days.

   6. Of the number inmates in the custody of the department of correction on the last Friday of each calendar month of the reporting period who were sentenced to a definite sentence, the percentage of inmates whose sentences were of the following lengths:

      (a) 1-15 days;

      (b) 16-30 days;

      (c) 31-90 days;

      (d) 91-180 days; or

      (e) more than 180 days.

   7. The number of inmates admitted to the custody of the department of correction during the reporting period on pending criminal charges who were charged with offenses of the following severity:

      (a) class A felonies;

      (b) class B or C felonies;

      (c) class D or E felonies;

      (d) misdemeanors; or

      (e) non-criminal charges.

   8. Of the number of inmates in the custody of the department of correction on the last Friday of each calendar month of the reporting period held on pending criminal charges, the percentage charged with offenses of the following severity:

      (a) class A felonies;

      (b) class B or C felonies;

      (c) class D or E felonies;

      (d) misdemeanors; or

      (e) non-criminal charges.

   9. The number of inmates admitted to the custody of the department of correction during the reporting period on pending criminal charges who were charged with offenses of the following severity:

      (a) class A felonies disaggregated by offense;

      (b) violent felonies as defined in section 70.02 of the penal law;

      (c) non-violent felonies as defined in section 70.02 of the penal law;

      (d) misdemeanors; or

      (e) non-criminal charges.

   10. Of the number of inmates in the custody of the department of correction on the last Friday of each calendar month of the reporting period held on pending criminal charges, the percentage charged with offenses of the following severity:

      (a) class A felonies disaggregated by offense;

      (b) violent felonies as defined in section 70.02 of the penal law;

      (c) non-violent felonies as defined in section 70.02 of the penal law;

      (d) misdemeanors; or

      (e) non-criminal charges.

   11. Of the number of inmates in the custody of the department of correction on the last Friday of each calendar month of the reporting period held on pending criminal charges, the percentage charged with offenses of the following type, including the attempt to commit any of such offense as defined in section 110 of the penal law:

      (a) The following crimes as defined in the New York state penal law: (i) misdemeanor larceny as defined in sections 155.25, 140.35, and 165.40, (ii) misdemeanor drug possession as defined in section 220.03, (iii) misdemeanor assault as defined in sections 120.00, 120.14, 120.15, 121.11, and 265.01, (iv) misdemeanor harassment or violation of a court order as defined in sections 215.50 and 240.30, (v) misdemeanor theft of services as defined in section 165.15, (vi) misdemeanor trespass as defined in sections 140.10 and 140.15, (vii) misdemeanor criminal mischief or graffiti as defined in sections 145.00 and 145.60, (viii) misdemeanor sexual crimes as defined in sections 130.52, 130.55, and 135.60, (ix) misdemeanor resisting arrest or obstructing governmental administration as defined in sections 205.30 and 195.05, (x) misdemeanor marijuana possession as defined in sections 221.10 and 221.40, (xi) felony vehicular assault or vehicular manslaughter as defined in sections 120.03, 120.04, 120.04-a, 120.20, 120.25, 125.12, 125.13, and 125.14, (xii) felony assault as defined in sections 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, and 120.13, (xiii) homicide offenses as defined in sections 125.10, 125.11, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, and 125.27, (xiv) felony sexual assault as defined in sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.91, 130.95, and 130.96, (xv) kidnapping as defined in sections 135.10, 135.20, and 135.25, (xvi) burglary as defined in sections 140.20, 140.25, and 140.30, (xvii) arson as defined in sections 150.05, 150.10, 150.15, and 150.20, (xviii) robbery, grand larceny, and stolen property offenses as defined in sections 155.30, 155,35, 155.40, 155.42, 160.05, 160.10, 160.15, 165.45, 165.50, 165.52, and 165.54, (xix) felony violation of a court order as defined in sections 215.51 and 215.52, (xx) felony drug possession or sale as defined in sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, and 220.44, (xxii) firearm or weapons possession as defined in sections 265.01-A, 265.01-B, 265.02, 265.03, 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14, 265.16, and 265.19.

      (b) The following crimes as defined in the New York state vehicle and traffic law:

         (i) driving under the influence of alcohol as defined in section 1192,

         (ii) driving with a suspended license as defined in section 511.

      (c) The following categories of offense:

         (i) any violation or non-criminal offense,

         (ii) any misdemeanor not specifically enumerated in this paragraph, (iii) any felony not specifically enumerated in this paragraph.

   12. The number of inmates admitted to the custody of the department of correction during the reporting period on pending criminal charges who were charged with offenses in the categories defined in subparagraphs a, b, and c of paragraph 11 of this subdivision.

   13. The number of inmates admitted to the custody of the department of correction during the reporting period on pending criminal charges who had bail fixed in the following amounts: (a) $1; (b) $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000; (f) $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i) $50,001-$100,000; or (j) more than $100,000.

   14. Of the number of inmates in the custody of the department of correction on the final Friday of each calendar month of the reporting period who were held on pending criminal charges, the percentage who had bail fixed in the following amounts: (a) $1; (b) $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000; (f) $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i) $50,001-$100,000; or (j) more than $100,000.

   15. Of the number of inmates in the custody of the department of correction on the final day of the reporting period who were held on pending criminal charges, the percentage who had been incarcerated for the following lengths of time: (a) 1-2 days; (b) 3-5 days; (c) 6-15 days; (d) 16-30 days; (e) 31-90 days; (f) 91-180 days; (g) 180 - 365 days; or (h) more than 365 days.

   16. The information in paragraphs 1, 5, 7, 9, 13, 15, 30, 31, 32, and 33 of this subdivision disaggregated by the borough in which the inmate’s case was pending. This data shall be listed separately and shall also be compared to the following crime rates disaggregated by borough:

      (a) The number of crimes reported per capita;

      (b) The number of class A felonies and violent felonies as defined in section 70.02 of the penal law reported per capita;

      (c) The number of arrests per capita for criminal offenses; and

      (d) The number of arrests for class A felonies and violent felonies as defined in section 70.02 of the penal law per capita.

   17. The number of cases in which bail was set at arraignment on a misdemeanor complaint.

   18. Of all cases arraigned on a misdemeanor complaint, the percentage in which bail was set.

   19. The number of cases in which bail was set at arraignment on a felony complaint.

   20. Of all cases arraigned on a felony complaint, the percentage in which bail was set.

   21. The number of cases in which bail was posted during any time in which the most serious pending count was a misdemeanor and the defendant failed to appear for at least one court appearance during the reporting period.

   22. Of all cases in which bail was posted during any time in which the most serious pending count was a misdemeanor, the percentage in which the defendant failed to appear for at least one court appearance during the reporting period.

   23. The number of cases in which bail was posted during any time in which the most serious pending count was a felony and the defendant failed to appear for at least one court appearance during the reporting period.

   24. Of all cases in which bail was posted during any time in which the most serious pending count was a felony, the percentage in which the defendant failed to appear for at least one court appearance during the reporting period.

   25. The number of cases in which the defendant was released without bail during any time in which the most serious pending count was a misdemeanor and the defendant failed to appear for at least one court appearance during the reporting period.

   26. Of all cases in which the defendant was released without bail during any time in which the most serious pending count was a misdemeanor, the percentage in which the defendant failed to appear for at least one court appearance during the reporting period.

   27. The number of cases in which the defendant was released without bail during any time in which the most serious pending count was a felony and the defendant failed to appear for at least one court appearance during the reporting period.

   28. Of all cases in which the defendant was released without bail during any time in which the most serious pending count was a felony, the percentage in which the defendant failed to appear for at least one court appearance during the reporting period.

   29.    The number of defendants assigned supervised release at arraignment and the percentage of arraigned defendants who were assigned supervised release.

   30. Of all criminal cases in which bail was fixed during the preceding reporting period, the percentage in which the defendant posted bail, in total and disaggregated by the following bail amounts: (a) $1; (b) $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000; (f) $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i) $50,001-$100,000; or (j) more than $100,000.

   31. Of all cases in which the defendant was held in the custody of the department of correction on pending criminal charges for any period of time and in which a disposition was reached during the reporting period, the percentage in which the disposition was as follows: (a) conviction for a class A felony disaggregated by offense; (b) conviction for a violent felony; (c) conviction for a non-violent felony; (c) conviction for a misdemeanor; (d) conviction for a non-criminal offense; (e) charges dismissed or adjourned in contemplation of dismissal; or (f) any other disposition.

   32. Of all cases in which the defendant was held in the custody of the department of correction on pending criminal charges during the reporting period for any period of time, the percentage in which the status of the criminal case is as follows: (a) the charges are pending and the defendant was released by posting bail; (b) the charges are pending and the defendant was released by court order; (c) the charges are pending and the defendant was not released; (d) conviction for a violent felony; (e) conviction for a non-violent felony; (f) conviction for a misdemeanor; (g) conviction for a non-criminal offense; (h) charges dismissed or adjourned in contemplation of dismissal; or (i) any other disposition.

   33. Of the number of inmates in the custody of the department of correction on the last Friday of each calendar month who were held on pending criminal charges during the reporting period, the percentage in which the status of the criminal case on the final day of the reporting period is as follows: (a) the charges are pending and the defendant was released by posting bail; (b) the charges are pending and the defendant was released by court order; (c) the charges are pending and the defendant was not released; (d) conviction for a violent felony; (e) conviction for a non-violent felony; (f) conviction for a misdemeanor; (g) conviction for a non-criminal offense; (h) charges dismissed or adjourned in contemplation of dismissal; or (i) any other disposition.

  • Editor’s note: Formerly § 3-117.

§ 9-307 Report on the closure of jails on Rikers Island.*

  1. Beginning on the 30th day of January in the year 2020, the mayor’s office of criminal justice shall submit shall submit a biannual report to the council and post to the office’s website and the city’s open data portal, a progress report on closing jails on Rikers Island and opening jail facilities outside Rikers Island. Such report shall be submitted within 60 days of January 1 and July 1 of each year and shall include information on the following issues:

   1. Trends in the jail population and the drivers of population changes, including the following:

      (a) the average daily population in total and disaggregated by facility, by borough of arrest, and in the following categories: pretrial, sentenced, technical parole violation, pretrial with parole violations, and other;

      (b) the average and median length of stay of incarcerated individuals detained pretrial, in total and disaggregated by borough of arrest and whether there is a co-occurring parole violations; and

      (c) the number and percentage of pretrial detainees whose length of stay is longer than 30 days, 90 days, six months, and one year.

   2. The total capacity and average daily population of each correctional facility solely operated by the department of correction, disaggregated by facility.

   3. The timeline for closure of each correctional facility located on Rikers Island, any significant changes to such timeline, and any significant actions taken by the mayor in response to such changes.

   4. The budget for closure, and any significant changes to such budget.

   5. The procurement of contracts related to closure and construction of jail facilities, including any relevant timelines.

   6. A general overview of the design and construction of new jail facilities and any related information regarding the timelines for the construction of new facilities.

   7. Populations relocated as a result of new facility construction.

   8. The progress of implementing an electronic management system for individuals in custody.

   9. Staff plans, by facility, including but not limited to the following information for the reporting period: the number of uniform and civilian staff hired, the number of uniform and civilian staff terminated, and the number of uniform and civilian staff who left the department for reasons other than termination.

  1. No information that is 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.

(L.L. 2019/192, 11/17/2019

  • Editor’s note: Section 4 of L.L. 2019/192 provides that this section shall be repealed after July 1, 2028.

§ 9-307 Office of special enforcement reporting.*

  1. Within one month after the calendar year quarter ending December 31, 2019, and within one month of each quarter thereafter, the office shall ensure that the office of special enforcement submits to the council and posts to its website, in a machine readable format, a report on inspections of nightlife establishments overseen by the office of special enforcement. Such reports shall include the following information for each such inspection during the previous quarter:

   1. The borough and council district of the inspection.

   2. The conduct or complaint that resulted in the inspection, including any relevant 311, 911, department of building, fire department, finance department’s sheriff’s office, or other form of complaint.

   3. The duration of the inspection, including the time the inspection commenced and the time spent inside the establishment.

   4. The agencies present for the inspection, including the number of personnel from each agency.

   5. Any civil or criminal summonses issued or criminal complaints filed, as defined in section 14-101, as a result of the inspection, as well as the agency responsible for issuing each such summons.

   6. Whether the targeted establishment was ordered to cease operations during such inspection, and the duration of such closure.

  1. The term “office of special enforcement” means the office of special enforcement, as established under executive order number 96 for the year 2006, or such other agency as the mayor may designate by executive order.