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a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. "Civil immigration detainer" shall mean a detainer issued pursuant to 8 CFR § 287.7 or any similar federal request for detention of a person suspected of violating civil immigration law.
2. "Convicted of a violent or serious crime" shall mean a judgment pursuant to section 1.20(15) of the criminal procedure law entered on a violent or serious crime or 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.
b. Prohibition on honoring a civil immigration detainer.
1. The department may only honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department's custody, in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph, or by notifying federal immigration authorities of such person's release, if:
i. federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and
ii. a search, conducted at or about the time when such individual would otherwise be released from the department's custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database.
2. Nothing in this section shall affect the obligation of the department to maintain the confidentiality of any information obtained pursuant to paragraph one of this subdivision.
c. No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold individuals on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section.
d. No conflict with existing law. This local law supersedes all conflicting policies, rules, procedures and practices of the city of New York. Nothing in this local law shall be construed to prohibit any city agency from cooperating with federal immigration authorities when required under federal law. Nothing in this local law shall be interpreted or applied so as to create any power, duty or obligation in conflict with any federal or state law.
e. No private right of action. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.
f. Reporting. No later than September 1, 2018 and no later than September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending June 30:
1. the total number of civil immigration detainers lodged with the department, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing detainers, including, but not limited to, that federal immigration authorities:
i. had reason to believe that the persons in the department's custody are subject to removal from the United States;
ii. initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody;
iii. served a warrant of arrest for removal proceedings on persons in the department's custody; or
iv. obtained orders of deportation or removal from the United States for persons in the department's custody;
2. the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department's custody, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing the detainers, including, but not limited to, that federal immigration authorities:
i. had reason to believe that the persons in the department's custody are subject to removal from the United States;
ii. initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody;
iii. served a warrant of arrest for removal proceedings on persons in the department's custody; or
iv. obtained orders of deportation or removal from the United States for persons in the department's custody;
3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;
4. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had at least one conviction for a violent or serious crime;
5. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had no convictions for a violent or serious crime and were identified as possible matches in the terrorist screening database;
6. the amount of state criminal alien assistance funding requested and received from the federal government;
7. the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section;
8. the number of persons held pursuant to civil immigration detainers beyond the time when such persons would otherwise have been released from the department's custody who were not transferred to the custody of federal immigration authorities either because of the expiration of the forty-eight-hour hold period provided in 8 CFR § 287.7 or because federal immigration authorities disavowed an intention to assume custody; and
9. the number of requests from federal immigration authorities concerning a person's incarceration status, release dates, court appearance dates, or any other information related to such person in the department's custody, and the number of responses honoring such requests by the department, disaggregated by:
i. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;
ii. the number of responses to federal immigration authorities concerning a person with at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and
iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.
g. For the purpose of this section, any reference to a statute, rule, or regulation shall be deemed to include any successor provision.
h. Use of city land or facilities by federal immigration authorities and access to persons in custody.
1. Department personnel shall not expend time while on duty or department resources of any kind disclosing information that belongs to the department and is available to them only in their official capacity, in response to federal immigration inquiries or in communicating with federal immigration authorities regarding any person's incarceration status, release dates, court appearance dates, or any other information related to persons in the department's custody, other than information related to a person's citizenship or immigration status, unless such response or communication:
(i) relates to a person convicted of a violent or serious crime or identified as a possible match in the terrorist screening database;
(ii) is unrelated to the enforcement of civil immigration laws; or
(iii) is otherwise required by law.
2. Federal immigration authorities shall not be permitted to maintain an office or quarters on land over which the department exercises jurisdiction, for the purpose of investigating possible violations of civil immigration law; provided, however, that the mayor may, by executive order, authorize federal immigration authorities to maintain an office or quarters on such land for purposes unrelated to the enforcement of civil immigration laws.
(Am. L.L. 2017/228, 12/1/2017, eff. 1/30/2018; Am. 2018 N.Y. Laws Ch. 189, 8/15/2018, eff. 11/13/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Department. The term "department" means the New York city department of correction.
Incarcerated individual recreation day. The term "incarcerated individual recreation day" means one day per each individual for every day in punitive segregation during each quarter.
Incarcerated individual shower day. The term "incarcerated individual 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 incarcerated individuals 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 incarcerated individuals 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 incarcerated individuals 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 incarcerated individual, 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 incarcerated individual 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 incarcerated individual.
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 incarcerated individuals.
b. For the quarter beginning October first, two thousand fourteen, commencing on or before January twentieth, two thousand fifteen, and on or before the twentieth day of each quarter thereafter, the commissioner of correction shall post a report on the department website containing information relating to the use of segregated housing units and MHU in city jails for the previous quarter. Such quarterly report shall include separate indicators, disaggregated by facility and housing category for the total number of incarcerated individuals housed in segregated housing units and MHU. Such quarterly report shall also include the following information regarding the segregated housing unit and MHU population: (i) the number of incarcerated individuals in each security risk group as defined by the department's classification system directive, (ii) the number of incarcerated individuals subject to enhanced restraints, including but not limited to, shackles, waist chains and hand mittens, (iii) the number of incarcerated individuals sent to segregated housing units and MHU during the period, (iv) the number of incarcerated individuals sent to segregated housing units and MHU from mental observation housing areas, (v) the number of incarcerated individuals, by highest infraction offense grade as classified by the department, (grade one, two, or three), (vi) the number of incarcerated individuals serving punitive segregation in the following specified ranges: less than ten days, ten to thirty days, thirty-one to ninety days, ninety-one to one hundred eighty days, one hundred eighty-one to three hundred sixty-five days, and more than three hundred sixty-five days, (vii) the number of incarcerated individuals receiving mental health services, (viii) the number of incarcerated individuals twenty-one years of age and under, (ix) the number of incarcerated individuals over twenty-one years of age in ten-year intervals, (x) the race and gender of incarcerated individuals, (xi) the number of incarcerated individuals who received infractions while in segregated housing units or MHU, (xii) the number of incarcerated individuals who received infractions that led to the imposition of additional punitive segregation time, (xiii) the number of incarcerated individuals who committed suicide, (xiv) the number of incarcerated individuals who attempted suicide, (xv) the number of incarcerated individuals on suicide watch, (xvi) the number of incarcerated individuals who caused injury to themselves (excluding suicide attempt), (xvii) the number of incarcerated individuals seriously injured while in segregated housing units or MHU, (xviii) the number of incarcerated individuals who were sent to non-psychiatric hospitals outside the city jails, (xix) the number of incarcerated individuals who died (non-suicide), (xx) the number of incarcerated individuals transferred to a psychiatric hospital from segregated housing units, (xxi) the number of incarcerated individuals transferred to a psychiatric hospital from MHU, disaggregated by program, (xxii) the number of incarcerated individuals moved from general punitive segregation to MHU, disaggregated by program, (xxiii) the number of incarcerated individuals placed into MHU following a disciplinary hearing, disaggregated by program, (xxiv) the number of incarcerated individuals moved from MHU to a segregated housing unit, disaggregated by segregated housing unit type, (xxv) the number of incarcerated individuals prescribed anti-psychotic medications, mood stabilizers or anti-anxiety medications, disaggregated by the type of medication, (xxvi) the number of requests made by incarcerated individuals for medical or mental health treatment and the number granted, (xxvii) the number of requests made by incarcerated individuals to attend congregate religious services and the number granted, (xxviii) the number of requests made by incarcerated individuals for assistance from the law library and the number granted, (xxix) the number of requests made by incarcerated individuals to make telephone calls and the number granted, disaggregated by weekly personal calls and other permissible daily calls, (xxx) the number of incarcerated individual recreation days and the number of recreation hours attended, (xxxi) the number of individual recreation hours that were offered to incarcerated individuals prior to six a.m., (xxxii) the number of incarcerated individual shower days and the number of showers taken, (xxxiii) the number of incarcerated individuals who received visits, (xxxiv) the number of instances of allegations of use of force, (xxxv) the number of instances of use of force A, (xxxvi) the number of instances of use of force B, (xxxvii) the number of instances of use of force C, (xxxviii) the number of instances in which contraband was found, (xxxix) the number of instances of allegations of staff on incarcerated individual sexual assault, (xl) the number of instances of substantiated staff on incarcerated individual sexual assault, (xli) the number of instances of allegations of incarcerated individual on staff sexual assault, and (xlii) the number of instances of substantiated incarcerated individual on staff sexual assault.
(Am. L.L. 2015/090, 10/7/2015, eff. 1/1/2016
; 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. 2015/090.
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.
(L.L. 2015/084, 10/7/2015, eff. 10/7/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/084.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Appeal. The term "appeal" means the action taken when an incarcerated individual's grievance is escalated to a higher level within the grievance process to review decisions regarding resolutions of grievances by incarcerated individuals.
Grievable complaint. The term "grievable complaint" means a complaint handled by the office of constituent and grievance services. The term includes but is not limited to a complaint regarding classification, clothing, commissary, correspondence, employment, environmental, food, inmate account, housing, length of sentence, laundry, law library, medical, mental health, personal hygiene, phone, programs, property, recreation, religion, rules and regulations, school, search, social service, transportation, and visits.
Non-grievable complaint. The term "non-grievable complaint" means any complaint which is not handled by the office of constituent and grievance services, including but not limited to a complaint regarding an allegation of assault, sexual assault/abuse, and verbal misconduct from a staff member; an allegation of assault, sexual assault/abuse, and non-sexual harassment from another incarcerated individual; individual security status; medical and mental health staff; request for accommodation due to a disability or claim of discrimination based on disability or perceived disability; request for protective custody; freedom of information laws, housing, and the grievance process.
Office of constituent and grievance services. The "office of constituent and grievance services" means the unit within the department that facilitates a formal process established by the department that provides incarcerated individuals with the opportunity to resolve grievable complaints regarding their confinement.
b. Forty-five days after the quarter beginning January 1, 2016, and no later than the forty-fifth day after the end of each subsequent quarter, the commissioner shall post on the department website a report containing the following information for the preceding quarter, in addition to all information in paragraphs 1 through 5 of section d in the aggregate
1. The number of grievable and non-grievable complaints submitted in all departmental facilities, in total and disaggregated by the facility and housing area type in which such grievance was submitted.
2. The number of grievable and non-grievable complaints submitted in all departmental facilities, disaggregated by grievance category, by the facility and housing area type in which such grievance was submitted, and by the method by which such grievance was submitted.
3. The number of grievable complaints, the stages of the grievance process, the stage in the grievance process at which they were resolved, and the categories for which any grievances were dismissed.
4. For non-grievable complaints, where such complaints were referred;
5. The number of incarcerated individuals that submitted grievances.
c. [Reserved.]
d. The department shall utilize an electronic tracking system to record all grievable and non-grievable complaints handled by the office of constituent and grievance services and shall provide the board of correction access to such system. Such system shall track the following:
1. Whether a complaint is subject to the process established by the office of constituent and grievance services, and if not, if and where the incarcerated individual was directed;
2. Whether the incarcerated individual pursued an appeal;
3. How and when the complaint was resolved, and at what stage the complaint was resolved;
4. Whether the complaint was made by the affected incarcerated person, an attorney or other advocate, a public official, or another third party;
5. The housing facility and housing area type where the complaint was made;
e. Complaints and requests made by or on behalf of an incarcerated individual to 311 and forwarded to the department shall be addressed by the office of constituent and grievance services.
f. The department shall ensure equal access to the office of constituent and grievance services, including the following procedures:
1. Evaluating the need for grievance boxes and strategically placing a number of boxes in locations where individuals in department custody frequently congregate, and at least one box in each facility.
2. Placing a number of dedicated personnel in each housing unit to conduct outreach.
3. Developing caseload guidelines for grievance coordinators and officers.
g. The department shall install grievance kiosks in each facility where incarcerated individuals may file grievances electronically and in a private setting by December 31, 2026. Such kiosks shall be accessible in multiple languages and shall provide incarcerated individuals physical receipts confirming filing. If a request made through the kiosk is not subject to the grievance and review process, the kiosks shall provide incarcerated individuals with information regarding where the grievance should be redirected.
h. Incarcerated individuals unable to read, access, or understand the grievance process shall be provided with assistance necessary to meaningfully engage in such process.
(L.L. 2015/087, 10/7/2015, eff. 10/7/2015; Am. L.L. 2019/134, 7/14/2019, eff. 1/14/2020; Am. L.L. 2019/135, 7/14/2019, eff. 1/14/2020; Am. L.L. 2019/194, 11/17/2019, eff. 3/16/2020)
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