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a. Definitions. For purposes of this section, the following terms have the following meanings:
Clinic production. The term "clinic production" means the department's process by which an incarcerated individual is escorted for a medical appointment.
Correctional health services. The term "correctional health services" means any health care entity designated by the city of New York as the agency or agencies responsible for health services for incarcerated individuals in the care and custody of the department. When the responsibility is contractually shared with an outside provider this term shall also apply.
Health care professional. The term "health care professional" means a person who meets qualifications stipulated by their profession and who possesses all credentials and licenses required by New York state law.
Medical appointment. The term "medical appointment" means any patient encounter requested by correctional health services.
Non-production. The term "non-production" means an instance where an incarcerated individual is not escorted for a medical appointment requested by correctional health services.
Production refusal. The term "production refusal" means a refusal by an incarcerated individual to allow the department to produce such incarcerated individual to clinic for a medical appointment. Nothing in this definition, or in this section, is intended to contradict rules governing treatment set forth in chapter 3 of title 40 of the rules of the city of New York.
Sick call. The term "sick call" means the department's process by which an incarcerated individual requests to be seen by a health care professional for the purpose of assessing or treating such incarcerated individual's non-emergency medical complaint.
Walk-out. The term "walk-out" means an instance when an incarcerated individual leaves clinic without being seen by a health care professional for a medical appointment.
b. The department shall retain all documents containing data relating to sick call and clinical production, including handwritten sign-up sheets, for at least three years from the time an incarcerated individual is released from custody of the department, and provide such documents to the board of correction upon request.
c. The department shall provide all housing units with access to sick call on weekdays, excluding holidays, and subject to the exclusions set forth in chapter 3 of title 40 of the rules of the city of New York, or exclusions obtained through a variance pursuant to section 3-13 of such rules.
d. Where individuals are not produced for medical appointments, department personnel shall record the facility, along with the reason for non-production, including but not limited to: "court", "visits", "production refusal", "walkout", "programming", "barbershop," "recreation," and "other". For the category, "other," department personnel shall provide a brief narrative. If the reason for non-production is a refusal or walkout, the department will also record the reason for refusal or walkout, if given. The department shall make such records legible and available to the board of correction at any time. On a monthly basis, the department shall publish an aggregate report on non-production on its website and submit such a report to correctional health services and the city council. This report shall also contain an aggregate count of reasons for production refusal or walkout, if given, and the facility.
e. Where individuals are not produced to a health care professional for a medical appointment, correctional health services will provide to the department the names of such individuals and a specified time-frame of when they should be produced as deemed clinically appropriate. When individuals are not produced within the specified time-frame, correctional health services shall notify the facility's commanding officer, along with a production recommendation based on correctional health's clinical expertise.
(Am. L.L. 2019/132, 7/14/2019, eff. 7/13/2020)
The commissioner of correction shall so far as practicable classify all felons, misdemeanants and violators of local laws under the commissioner's charge, so that the youthful or less hardened offenders shall be segregated from the older or more hardened offenders. The commissioner of correction may set apart one or more of the penal institutions for the custody of such youthful or less hardened offenders, and he or she is empowered to transfer such offenders thereto from any penal institution of the city. The commissioner of correction is empowered to classify the transferred incarcerated individuals, so far as practicable, with regard to age, nature of offense, or other fact, and to separate or group such offenders according to such classification.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
The commissioner of correction may establish and maintain schools or classes for the instruction and training of the incarcerated individuals of any institution under the commissioner's charge, and shall offer to all incarcerated individuals incarcerated for more than 10 days a minimum of five hours per day of incarcerated individual programming or education, excluding weekends and holidays. Such programming or education may be provided by the department or by another provider, and need not be offered to incarcerated individuals in punitive segregation, or to incarcerated individuals who may be ineligible or unavailable for such programming or education, or where offering such programming or education would not be consistent with the safety of the incarcerated individual, staff or facility. Nothing in this section shall prohibit the department from offering such programming or education on the basis of incentive-based criteria developed by the department. For the purposes of this section, the term "incarcerated individual programming" has the same meaning as in section 9-144.
(Am. L.L. 2017/170, 9/8/2017, eff. 1/8/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. The commissioner of correction is empowered to set aside in the city prison a sufficient space for the purposes of installing a library for the incarcerated individuals. The commissioner of correction may do likewise in any other place in which persons are held for infractions of the law pending a determination by a court.
b. The commissioner of correction is authorized to accept contributions of books, pamphlets and periodicals. All such contributions shall be recorded and catalogued; an account thereof shall be kept and a report concerning the same shall be made to the commissioner of correction at least once in each calendar year.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
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.
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.
a. Officers in any institution in the department of correction shall use all suitable means to defend themselves, to enforce discipline, and to secure the persons of incarcerated individuals who shall:
1. Neglect or refuse to perform the work assigned by the officer in charge of the institution.
2. Wilfully violate the rules and regulations established by the commissioner of correction.
3. Resist or disobey any lawful command.
4. Offer violence to any officer or to any other prisoner.
5. Injure or attempt to injure any such institution or the appurtenances thereof or any property therein.
6. Attempt to escape.
7. Combine with any one or more persons for any of the aforesaid purposes.
b. The officers in any institution of the department of correction shall not inflict any blows upon a prisoner except in self-defense or to suppress a revolt or insurrection.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. Women correction officers shall have charge of and shall supervise all female prisoners and all parts of prisons occupied by such prisoners, or such parts thereof as the officer in command shall designate to be under their supervision. At least one woman correction officer shall be on duty in each prison as long as any female prisoner is detained therein.
b. Women correction officers shall search all women visiting any part of such prisons, except as otherwise ordered by the commissioner. Only women correction officers shall be admitted to the corridor or cells of the female prisoners without the consent of the officer in charge of the prison.
a. Unless expressly otherwise provided, whenever used in this section, the following terms shall mean and include:
1. Custodial officer shall mean and include any and all correction officers (male), any and all captains, any and all correction officers (female), and any and all supervising correction officers (female). For the purposes of this section each of the titles enumerated herein shall constitute a single employee classification.
2. Working cycle shall mean and include that period of time within which each custodial officer in an employee classification at an institution shall be assigned to the same number of each of the normal tours of duty. Working cycles may vary as between institutions, and may vary as to the different employee classifications in the same or different institutions, but in no case may a working cycle exceed one calendar year in duration.
b. The commissioner of correction or other officer or officers having the management, control or direction of the department of correction shall divide all the custodial officers in each employee classification into three platoons at each institution. No one of such platoons nor any member thereof shall be assigned to more than one tour of duty, to consist of not more than ten consecutive hours in each consecutive twenty-four hours, excepting only that in the event of riots, prison breaks or other similar emergencies, so many of said platoons or of the members thereof as may be necessary, may be continued on duty for such hours as may be necessary. For the purpose of changing tours of duty and for the necessary time consumed therein, said platoons or members thereof shall be continued on duty until relieved.
c. Tours of duty shall commence at midnight, eight o'clock ante meridian and four o'clock post meridian of each consecutive twenty-four hours. Such tours of duty shall hereinafter be designated as normal tours of duty. At the discretion of the warden or other officer or officers in charge of an institution, other tours of duty may be created. Such tours of duty shall hereinafter be designated as miscellaneous tours of duty. Within each complete working cycle at each institution, every custodial officer in the same employee classification shall be assigned to the same number of each of the normal tours of duty. For the purpose of such assignment of normal tours of duty as hereinbefore prescribed, miscellaneous tours of duty which commence at or after seven o'clock ante meridian and at or before eleven o'clock ante meridian shall be considered to be a part of that normal tour of duty which commences at eight o'clock ante meridian; miscellaneous tours of duty which commence after eleven o'clock ante meridian and before eight o'clock post meridian shall be considered to be a part of that normal tour of duty which commences at four o'clock post meridian; miscellaneous tours of duty which commence at or after eight o'clock post meridian and before seven o'clock ante meridian shall be considered to be a part of that normal tour of duty which commences at midnight. All normal tours of duty which commence at midnight or at four o'clock post meridian, and all miscellaneous tours of duty which shall be considered a part of these normal tours of duty as hereinbefore prescribed, shall be changed at least once in every calendar month. Every member of each platoon shall be entitled to at least one calendar day of rest upon the completion of every six tours of duty. This day of rest shall not be deferred longer than one calendar week after such member has become entitled thereto. None of the foregoing provisions of this section shall apply to or govern the rotation of tours of duty of custodial officers who may be detailed or assigned to an institution wherein no incarcerated individuals are detained overnight. Where in any single institution the total number of custodial officers in any single employee classification is less than four in number, none of the foregoing provisions of this section shall apply to or govern the rotation of tours of duty of members of such employee classification in said institution. None of the foregoing provisions of this section shall apply to or govern the rotation of tours of duty of custodial officers who may be detailed or assigned to what shall hereinafter be known and designated as the special duty squad at each institution, provided, however, that the number of custodial officers detailed or assigned to a special duty squad at any single institution may not exceed twenty-five per centum of the total number of custodial officers employed at the said institution; provided, however, that custodial officers detailed or assigned to special duty squads may be assigned only to that normal tour of duty commencing at eight o'clock ante meridian, or to miscellaneous tours of duty constituting a part of such normal tour of duty; and provided further, however, that throughout the department of correction the total number of custodial officers detailed or assigned to steady tours of duty, whether as members of special duty squads or otherwise, shall not exceed fifteen per centum of the total number of custodial officers employed in the department of correction. None of the foregoing provisions of this subdivision shall apply to or govern the rotation of tours of duty of custodial officers who may be detailed or assigned to steady tours of duty for reasons of management efficiency, which reasons shall presumptively include the subdivision of a facility and/or unit into smaller units of management.
d. All custodial officers shall be allowed a vacation period as may be authorized in leave regulations promulgated by the mayor. During an emergency, as defined herein, the vacation period may be withheld for such length of time as may be necessary. Upon cessation of such emergency each of such custodial officers from whom a vacation or a portion of a vacation shall have been withheld during such emergency, shall receive within six months from such cessation a leave of absence with pay commensurate with the number of days of such vacation withheld.
e. [Repealed.]
f. All general or specific laws inconsistent with this section or with any part thereof are hereby repealed; provided, however, that this section shall in no manner affect any provisions of said law concerning furlough or leave of absence or exempting members of the department of correction from obligation to wear uniform when not on actual duty.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
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