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Except as provided elsewhere in this section, the department shall provide every incarcerated individual 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 incarcerated individuals for such appearances in such clothing. If such clothing is not available, or if an incarcerated individual chooses not to wear their personal clothing, the department shall provide such incarcerated individual 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 incarcerated individual chooses to wear the uniform issued by the department, or (ii) such incarcerated individual is required to wear such uniform by an order of the court. The department shall permit personal clothing to be delivered to an incarcerated individual 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 incarcerated individual'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 incarcerated individual released from the custody of the department from a court, unless the incarcerated individual is wearing the incarcerated individual's own personal clothing.
(L.L. 2016/180, 12/22/2016, eff. 4/21/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
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