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NEW YORK CITY ADMINISTRATIVE CODE
Title 1: General Provisions
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Title 3: Elected officials
Title 4: Property of the City
Title 5: Budget; Capital Projects
Title 6: Contracts, Purchases and Franchises
Title 7: Legal Affairs
Title 8: Civil Rights
Title 9: Criminal Justice
Chapter 1: Department of Correction
§ 9-101 City correctional institutions.
§ 9-102 Buildings for common jails.
§ 9-103 Segregation of prisoners on Hart's Island. [Repealed]
§ 9-104 Transfer of incarcerated individuals by commissioner of correction.
§ 9-105 Commitment of witnesses in criminal proceedings.
§ 9-106 Legislative intent; narcotics treatment program.
§ 9-107 Narcotics treatment program.
§ 9-108 Sick call and clinic production.
§ 9-109 Classification.
§ 9-110 Education and programming.
§ 9-111 Libraries.
§ 9-112 Suspension of members of the uniformed force.
§ 9-113 Resignation by members of the uniformed force of the department of correction.
§ 9-114 Discipline of incarcerated individuals.
§ 9-115 Correction officers (women) in prisons for women.
§ 9-116 Three platoon system.
§ 9-117 Composition of uniformed force of department of correction; uniforms.
§ 9-117.1 Receipt of line of duty pay.
§ 9-118 Commissaries.
§ 9-119 Requisitions.
§ 9-120 Reports of subordinate officers.
§ 9-121 Records of incarcerated individuals of institutions.
§ 9-122 Labor of prisoners in other agencies; correction officers.
§ 9-123 Cultivation of land.
§ 9-124 Manufacturing fund.
§ 9-125 Civil jail.
§ 9-126 Jurisdiction of commissioner of correction over civil prisoners.
§ 9-127 Housing, employment and sobriety needs.
§ 9-127.1 Discharge planning.
§ 9-128 Applications for government benefits.
§ 9-129 Reporting.
§ 9-130 Jail data reporting.
§ 9-131 Persons not to be detained.
§ 9-132 Hart's Island electronic burial database.
§ 9-133 Hart's Island visitation policy.
§ 9-134 Jail segregated housing statistics.
§ 9-135 Alternative housing unit waiting list.
§ 9-136 Grievance process.
§ 9-137 Jail population statistics.
§ 9-138 Use of force directive.
§ 9-139 Bill of rights for incarcerated individuals.
§ 9-140 Jail visitation statistics.
§ 9-141 Menstrual products.
§ 9-142 Rikers Island nursery procedures and report.
§ 9-143 Annual report on mentally ill incarcerated individuals and recidivism.
§ 9-144 Correction programming evaluation and report.
§ 9-145 Trauma-informed care.
§ 9-146 Court appearance transportation for incarcerated individuals.
§ 9-147 Court appearance clothing for incarcerated individuals.
§ 9-148 Bail payments and processing.
§ 9-149 Admission delays.
§ 9-150 Bail facilitation.
§ 9-151 Rikers Island education report.
§ 9-152 Report on use of force investigations.
§ 9-153 Erroneous records.
§ 9-154 Telephone services to incarcerated individuals.
§ 9-155 Emergency lock-in report.
§ 9-156 Sexual abuse reporting.
§ 9-156.1 Reporting on sexual assault and sexual harassment of staff.
§ 9-156.2 Mental health resources for correctional staff.
§ 9-157 Housing requests related to gender identity.
§ 9-158 Mental health treatment for transgender, gender nonconforming, non-binary, and intersex individuals.
§ 9-159 Guiding principles for new correctional facilities.
§ 9-160 Reports during public health emergencies.
§ 9-161 Doula services.
§ 9-162 Commissary accounts of incarcerated individuals.
§ 9-163 Medical care and outcomes for incarcerated pregnant persons.
§ 9-164 Civil service examinations.
§ 9-165 Reporting on gender identity.
§ 9-166 Dyslexia screening and evidence-based programs.
§ 9-167 Solitary confinement.
Chapter 2: Department of Probation
Chapter 3: Office of Criminal Justice
Chapter 4: District Attorneys
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Title 13: Retirement and Pensions
Title 14: Police
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Title 16: Sanitation
Title 16-A: [Commercial Waste Removal]
Title 16-B: Commercial Waste Zones
Title 17: Health
Title 18: Parks
Title 19: Transportation
Title 20: Consumer and Worker Protection
Title 20-A: [Shipboard Gambling]
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Title 28: New York City Construction Codes
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Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
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Title 3: Fire Department
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Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
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Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 9-122 Labor of prisoners in other agencies; correction officers.
A correction officer or correction officers from the department of correction shall at all times direct and guard all incarcerated individuals of any of the institutions in the department of correction who are performing work for any other agency.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
§ 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.
   a.   The commissioner of correction shall have custody of civil prisoners and the prisons wherein they are confined.
   b.   The commissioner of correction may keep in any place or places under the commissioner's jurisdiction persons lawfully committed to his or her custody without regard to the county wherein such persons may have been arrested. Any such person who is entitled to the liberties of the jail must be admitted to the jail liberties of the county wherein such person was originally arrested.
§ 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.
   a.   The department of correction and the department of homeless services shall develop a process for identifying individuals who repeatedly are admitted to city correctional institutions and who, in addition, either immediately before their admission to or after their release from such institutions, are housed in shelter provided by the department of homeless services.
   b.   The department of correction shall collect, from any sentenced incarcerated individual who will serve, after sentencing, ten days or more in any city correctional institution, information relating to such incarcerated individual's housing, employment and sobriety needs. The department of correction shall, with the consent of such incarcerated individual, provide such information to any social service organization that is providing discharge planning services to such incarcerated individual under contract with the department of correction. For the purposes of this section and sections 9-128 and 9-129 of this title, "discharge planning" shall mean the creation of a plan for post-release services and assistance with access to community-based resources and government benefits designed to promote an incarcerated individual's successful reintegration into the community.
(Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.
§ 9-127.1 Discharge planning.
   a.   As used in this section, the following terms have the following meanings:
      Discharge plan. The term "discharge plan" means a plan describing the manner in which an eligible incarcerated individual will be able to receive re-entry services upon release from the custody of the department to the community. A discharge plan shall, to the extent practicable, be designed to address the unique needs of each eligible incarcerated individual, including but not limited to the incarcerated individual's geographic location upon release from the custody of the department, specific social service needs if applicable, prior criminal history, and employment needs.
      Eligible incarcerated individual. The term "eligible incarcerated individual" means a person who served a sentence of 30 days or more in the custody of the department, and who is being released from the custody of the department to the community.
      Re-entry services. The term "re-entry services" means appropriate programming and support planning offered to an incarcerated individual upon release from the custody of the department to the community, as well as follow-up support offered to the incarcerated individual after his or her release. Such programming, support planning, and follow-up support shall include case management and connections to employment, and other social services that may be available to such incarcerated individual upon his or her release.
   b.   Prior to the release of an eligible incarcerated individual from the custody of the department, a designee of the department shall to the extent practicable develop and offer to such incarcerated individual a discharge plan. Discharge plans developed pursuant to this section shall not be required when, upon release from the custody of the department, an incarcerated individual is transferred to the custody of another government agency or to the custody of a hospital or healthcare provider, or where a discharge plan is otherwise required by law.
(L.L. 2017/167, 9/8/2017, eff. 6/1/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
§ 9-128 Applications for government benefits.
   a.   The department of correction shall make applications for government benefits available to incarcerated individuals by providing such applications in areas accessible to incarcerated individuals in city correctional institutions.
   b.   The department of correction shall provide assistance with the preparation of applications for government benefits and identification to sentenced incarcerated individuals who will serve, after sentencing, thirty days or more in any city correctional institution and who receive discharge planning services from the department of correction or any social services organization under contract with the department of correction, and, in its discretion, to any other incarcerated individual who may benefit from such assistance.
   c.   Notwithstanding any other provision of law, any person born in the city of New York and sentenced to ninety days or more in a New York city correctional facility who will serve, after sentencing, thirty days or more in a New York city correctional facility, shall be provided by the department before or at release, or within two weeks thereafter if extenuating circumstances exist, at no cost to such person, a certified copy of his or her birth certificate to be used for any lawful purpose; provided that such person has requested a copy of his or her birth certificate from the department at least two weeks prior to release. Upon such request, the department shall request such certificate from the department of health and mental hygiene in a form and manner approved by the commissioner of the department of health and mental hygiene. The department shall inform such person of his or her ability to receive such certificate pursuant to the provisions of this subdivision within three days of his or her admission to a sentencing facility. No person shall receive more than one birth certificate without charge pursuant to this subdivision.
   d.   Upon release, the department of correction shall provide a letter of incarceration to every person discharged from a New York city correctional facility, regardless of whether such person was held pre-trial or was subject to an order of commitment that provided that such incarcerated individual remain in the custody of the department. Such letter shall specify both the date the person entered and the date such person was released from the custody of the department.
(Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2024/036, 1/20/2024, eff. 5/19/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.
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