§ 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.
The lands and buildings on Hart’s Island shall be utilized for the segregation of prisoners transferred thereto by the commissioner of correction.
§ 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.
§ 9-108 Health services.
The New York city health and hospital corporation shall arrange for and make available facilities for outpatient treatment and suitable amenities for the continuance of social therapy for all persons who have received such treatment in conformance with section 9-107 of this code. Such continued treatment shall be voluntary, and shall commence upon the discharge of such persons from any penal institution and/or upon the termination of any period of parole.
§ 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.
§ 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. 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.
§ 9-115 Correction officers (women) in prisons for women.
§ 9-116 Three platoon system.
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.
§ 9-117 Composition of uniformed force of department of correction; uniforms.
1. Correction officers.
2. Captains.
3. Assistant deputy wardens.
4. Deputy wardens.
5. Wardens.
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.
§ 9-117.1 Receipt of line of duty pay.
§ 9-118 Commissaries.
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.
§ 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:
§ 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.
§ 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.
§ 9-127.1 Discharge planning.
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.
§ 9-128 Applications for government benefits.
§ 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.* ::
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. 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. 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.
§ 9-131 Persons not to be detained.
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. 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. 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. 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.
§ 9-133 Hart’s Island visitation policy.
§ 9-134 Jail segregated housing statistics.
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.
§ 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.
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. 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. 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. 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.
§ 9-137 Jail population statistics.
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 Inmate bill of rights.
§ 9-140 Jail visitation statistics.
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 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. 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. 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.
§ 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.
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. 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 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.
§ 9-143 Annual report on mentally ill inmates and recidivism.
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. 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.
§ 9-144 Correction programming evaluation and report.
§ 9-145 Trauma-informed care.
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.
§ 9-146 Inmate court appearance transportation.
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.
§ 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 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.
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*)
§ 9-149 Admission delays.
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. 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*)
§ 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.
§ 9-151 Rikers Island education report.
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. 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 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.
§ 9-152 Report on use of force investigations.
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. 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.
§ 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.
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. 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.
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.
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. 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. 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.
§ 9-157 Housing requests related to gender identity.
§ 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.
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. 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.
§ 9-201 Probation administrative fee.
§ 9-202 Investigation fee.
§ 9-203 Probation recidivism report.
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. 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 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.
§ 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. 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. 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.
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
§ 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:
§ 9-304 Erroneous criminal records.
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.
§ 9-305 Outstanding criminal warrants.
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.
§ 9-306 Annual reporting on bail and the criminal justice system.*
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.
§ 9-307 Report on the closure of jails on Rikers Island.*
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.
(L.L. 2019/192, 11/17/2019
§ 9-307 Office of special enforcement reporting.*
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.
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