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a. Definitions. For purposes of this section, the following terms have the following meanings:
Department. The term “department” means the New York city department of correction.
Maternal mortality. The term “maternal mortality” means the death of a person that occurs during pregnancy, or within one year from the end of pregnancy, regardless of the duration of such pregnancy.
Pregnancy-associated death. The term “pregnancy-associated death” means the death of a person from any cause during pregnancy or within one year from the end of pregnancy.
Pregnancy-related death. The term “pregnancy-related death” means the death of a person (i) during pregnancy or within one year from the end of pregnancy that (ii) is due to a pregnancy complication, a chain of events initiated by pregnancy or the aggravation of an unrelated condition by the physiologic effects of pregnancy.
Relevant agencies. The term “relevant agencies” includes the department of health and mental hygiene, New York city health and hospitals corporation, any successor of an agency specified in this definition and any other agency that the service deems relevant.
Service. The term “service” means correctional health services, as defined in section 9-108.
b. Report. By no later than 90 days after the effective date of the local law that added this section, and every fifteenth day of February thereafter, correctional health services, in consultation with the relevant agencies, shall submit a report to the mayor and the speaker of the council and post such report on its website based on data from the prior calendar year. Such report shall include, but need not be limited to:
1. The number of pregnant persons in the custody of the department;
2. The number of incarcerated pregnant persons whose pregnancy resulted in a live birth while in the custody of the department;
3. The number of incarcerated pregnant persons whose pregnancy resulted in a miscarriage while in the custody of the department;
4. The number of incarcerated pregnant persons whose pregnancy resulted in a still birth while in the custody of the department;
5. The number of maternal mortalities known to the service while in the custody of the department;
6. The number of maternal mortalities while in the custody of the department considered to be a pregnancy-associated death, if information necessary to make such determination is available to the service;
7. The number of maternal mortalities while in the custody of the department considered to be a pregnancy-related death, if information necessary to make such determination is available to the service;
8. The number of persons in the custody of the department receiving prenatal care; and
9. The number of persons in the custody of the department receiving postnatal care.
c. Confidentiality. The service shall report information required by subdivision b of this section in a manner that does not jeopardize the confidentiality of an incarcerated pregnant person.
(L.L. 2023/072, 6/11/2023, eff. 6/11/2023)
a. The commissioner of citywide administrative services, in collaboration with the commissioner, shall administer civil service examinations for individuals incarcerated for a period of 10 days or longer in any city correctional facility. The commissioner of citywide administrative services, in consultation with the commissioner, shall determine the location of the administration of such examinations. Any such individual who meets the minimum qualifications required to sit for a civil service examination shall be permitted to take such examination, absent any significant overriding security concern or exigent circumstances, provided that such individual shall be offered a makeup examination when such concern or circumstances are no longer present. The department shall make available study materials and practice examinations, as practicable, to such individuals.
b. The commissioner, in collaboration with the commissioner of citywide administrative services, shall make available information regarding civil service examinations to individuals incarcerated for a period of 10 days or longer in any city correctional facility, including basic or introductory civil service information sessions; information regarding the examination process, including how to apply for an examination; and any existing schedule of civil service examinations.
c. The department shall make available for individuals incarcerated for a period of 10 days or longer in any city correctional facility written information related to in-person assistance sessions at borough-based civil service examination testing centers, including information regarding individual examination applications and civil service examinations. Such information shall also be made available to such individuals upon release from the custody of the department.
(L.L. 2023/113, 8/13/2023, eff. 8/13/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/113.
a. Definitions. As used in this section, the following terms have the following meanings:
Department. The term “department” means the department of correction.
Discrimination. The term “discrimination” means the act of making unfair or prejudicial distinctions between people based on the groups, classes, identities, or other categories to which they belong or are perceived to belong.
Gender identity. The term “gender identity” means a person’s sense of their own gender which may be the same as or different from their sex assigned at birth.
Gender nonconforming. The term “gender nonconforming” means a person whose gender expression differs from gender stereotypes, norms, and expectations in a given culture or historical period.
Harassment. The term “harassment” means unwelcome conduct that is based on someone's gender identity, gender expression, sex, or sexual orientation.
Housing unit. The term “housing unit” means a structure or part of a structure that contains single occupancy housing units or multiple occupancy housing units, as such terms are defined in the rules of the New York state commission of correction.
Intersex. The term “intersex” refers to a person whose sex characteristics, including, but not limited to chromosomes, hormones, gonads, and genitalia, do not conform with a binary construction of sex as either male or female. This term may not be the same as a person’s gender identity and is not the same as a person’s sexual orientation.
Non-binary. The term “non-binary” refers to a person whose gender identity is not exclusively male or female.
Transgender. The term “transgender” refers to a person whose gender identity does not conform to the sex assigned at birth.
Violence. The term “violence” means the use of force or power, threatened or actual, against another person, or against a group or community.
b. Within 45 days of the end of each quarter of the fiscal year, the commissioner shall submit to the mayor, the speaker of the council, and the public advocate, and post on the department’s website, a quarterly report containing the following information based on the number of incarcerated individual admissions during the reporting period, and the average daily population of the city’s jails for the preceding quarter in total, and as a percentage of the average daily population of incarcerated individuals in the department’s custody during the reporting period:
1. The total number of persons in the custody of the department;
2. The total and average numbers of persons in the Special Consideration Unit, or any other housing unit dedicated to the housing of transgender, gender nonconforming, non-binary, or intersex persons;
3. The number and percentage of persons in the custody of the department who have identified themselves to the department, or have been identified by another person or agency on their behalf, as having a gender identity different from the sex assigned to the person at birth, or that were assigned an "X" gender marker or an intersex identification at birth; This data shall be further disaggregated by self-described gender identity including, but not limited to, transgender, gender non-conforming, non-binary, or intersex;
4. The total number of persons described in paragraph 3 of this subdivision housed in each jail facility;
5. The number and percentage of such persons described in paragraph 3 of this subdivision who were denied placement in a jail facility that most closely aligns with their gender identity after making a written request for such housing;
6. The number and percentage of such persons described in paragraph 3 of this subdivision who were denied placement in a housing unit dedicated to the housing of TGNCNBI identified people, regardless of whether such unit is in a facility most closely aligned with their gender identity;
7. The number and percentage of such persons as described in paragraph 3 of this subdivision who have been involuntarily transferred out of a jail facility that most closely aligns with their gender identity;
8. The number and percentage of such persons as described in paragraph 3 of this subdivision who have made an allegation, complaint, or report, whether verbal or in writing, as a result of experiencing violence, harassment, or discrimination. For the purposes of this paragraph, an allegation, complaint, or report shall include a grievance, to 311 or to any DOC staff person by an incarcerated person, or by any person or agency on their behalf, or as included in any report of a use or force or other reportable incident as required to be filed by DOC staff;
9. The facility and housing units in which such individuals as described in paragraph 1 of this subdivision are currently housed shall be reported with the number of such individuals housed in each housing unit. This shall be disaggregated by type, including but not limited to, new admission, mental observation, restrictive housing, protective custody, involuntary protective custody, general population, the Special Considerations Unit. This report shall further identify the number of individuals for whom a security classification has increased upon moving from men’s to women’s housing.
c. The report required by this section shall not contain identifying information as defined in section 23-1201. If a category to be reported contains fewer than 5 persons or contains an amount that would allow another category that contains fewer than 5 persons to be deduced, the number shall be replaced with a symbol. If a category to be reported contains zero individuals it shall be reported as zero.
(L.L. 2023/115, 8/13/2023, eff. 9/1/2023)
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