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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)
a. The department shall accept cash bail payments immediately and continuously after an incarcerated individual is admitted to the custody of the department, except on such dates on which an incarcerated individual appears in court other than an arraignment in criminal court.
b. The department shall release any incarcerated individual for whom bail or bond has been paid or posted within the required time period of the later of such payment being made or the department's receipt of notice thereof, provided that if an incarcerated individual cannot be released within the required time period due to extreme and unusual circumstances then such incarcerated individual shall be released as soon as possible. Such timeframe may be extended when any of the following occurs, provided that the incarcerated individual's release shall be forthwith as that term is used in section 520.15 of the criminal procedure law:
1. The incarcerated individual receives discharge planning services prior to release;
2. The incarcerated individual has a warrant or hold from another jurisdiction or agency;
3. The incarcerated individual is being transported at the time bail or bond is paid or posted;
4. The incarcerated individual is not in departmental custody at the time bail or bond is paid or posted;
5. The incarcerated individual requires immediate medical or mental health treatment; or
6. Section 520.30 of the criminal procedure law necessitates a delay.
c. The department shall accept or facilitate the acceptance of cash bail payments for incarcerated individuals in the custody of the department: (i) at any courthouse of the New York City Criminal Court, (ii) at any location within one half mile of any such courthouse during all operating hours of such courthouse and at least two hours subsequent to such courthouse's closing, or (iii) online.
d. For the purposes of subdivision b, the term "required time period" means five hours beginning on October 1, 2017, four hours beginning on April 1, 2018, and three hours beginning on October 1, 2018.
e. 1. No fee may be assessed on an online payment of bail, unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee.
2. No fee may be assessed on an in person payment of bail, unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee.
(L.L. 2017/123, 7/22/2017, eff. 10/1/2017 and 1/22/2018; Am. L.L. 2019/089, 5/10/2019, eff. 11/10/2019 and 8/10/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. In order to facilitate the posting of bail, the department may delay the transportation of an incarcerated individual for admission to a housing facility for not less than four and not more than 12 hours following the incarcerated individual's arraignment in criminal court if requested by either the department or a not-for-profit corporation under contract with the city to provide pretrial and other criminal justice services, including interviewing adult defendants either before or after such persons are arraigned on criminal charges, has made direct contact with a person who reports that he or she will post bail for the incarcerated individual.
b. Such delay is not permissible for any incarcerated individual who:
1. Appears or claims to have a health or mental health condition that requires attention during the time period of such delay, notwithstanding the requirements of title 8 of this code;
2. Appears to be physically incapacitated due to drug or alcohol intoxication;
3. Requests medical attention or appears to require immediate medical attention;
4. Has bail set in an amount of 10,000 dollars or more; or
5. States, upon being informed of the delay permissible pursuant to this section, that he or she will not be able to post bail within 12 hours or otherwise indicates that they do not wish to be subject to such delay.
c. This section does not require the department to exceed the lawful capacity of any structure or unit, or require the department to detain incarcerated individuals in courthouse facilities during such times as correctional staff are not regularly scheduled to detain incarcerated individuals provided that the department must provide for the regular staffing of courthouse facilities for at least one hour after the last incarcerated individual was taken into custody on bail.
d. Beginning July 1, 2018, the department or its designee shall submit to the council an annual report regarding the implementation of subdivisions a and b of this section. Such report shall include the following information:
1. The locations in which the department has implemented the provisions of this section;
2. In such locations, the number of incarcerated individuals whose admission to a housing facility was delayed pursuant to this section;
3. The number and percentage of such incarcerated individuals who posted bail during such delay and the number and percentage of such incarcerated individuals who posted bail during the two calendar days following such incarcerated individuals' arraignment; and
4. The number of incarcerated individuals whose admission to a housing facility was delayed and who required medical treatment during such period of delay.
(L.L. 2017/124, 7/22/2017, eff. 9/20/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/124.
Definitions. As used in this section, the following terms have the following meanings:
Bail facilitator. The term "bail facilitator" means a person or persons whose duties include explaining to eligible incarcerated individuals how to post bail or bond, explaining the fees that may be collected by bail bonds companies, taking reasonable steps to communicate directly with or facilitate such individual's communication with possible sureties, and taking any other reasonable measures to assist such individuals in posting bail or bond.
Eligible incarcerated individual. The term "eligible incarcerated individual" means a person in the custody of the department held only on bail or bond.
Institutional defense provider. The term "institutional defense provider" means any private institutional legal services organization selected in accordance with section 13-02 of title 43 of the rules of the city of New York to represent indigent persons, or any successor provision thereto.
a. Within 24 hours of taking custody of an eligible incarcerated individual, the department shall provide to such individual the following information in written form: (i) the individual's amount of bail or bond, (ii) the individual's New York state identification number or booking and case number or other unique identifying number, (iii) options for all forms of bail payment and all steps required for such payment, including the locations at which a surety may post bail and the requirements for so posting, and (iv) any other information relevant to assisting the individual in posting bail or bond.
b. Within 24 hours of taking custody of eligible incarcerated individuals, the department shall notify such individuals that they may post their own bail. Within such time period, the department shall, to the extent practicable and in a manner consistent with officer safety and all applicable laws, offer such individuals the opportunity to obtain property, including personal contact information and financial resources, that such individuals may require for the purpose of posting bail and which is stored in such individual's personal property, provided that any member of the department who accesses such individual's property pursuant to this subdivision shall request access only for the purpose of facilitating posting bail.
c. The department shall ensure that bail facilitators meet with all eligible incarcerated individuals within 48 hours of their admission to the custody of the department, that eligible incarcerated individuals have continued access to bail facilitators, and that bail facilitators are provided with reasonable resources necessary to fulfill their duties.
d. Absent unusual circumstances, the following time periods shall apply to notifications given pursuant to this subdivision to eligible incarcerated individuals and their legal representatives: the department shall generate a list of eligible incarcerated individuals who are held solely due to a bail amount of less than $10 once before noon and once after noon every day of the week. Within three hours of generation of such a list, but no later than 24 hours after receipt of information from the office of court administration regarding the bail status of eligible incarcerated individuals, the department shall provide each eligible incarcerated individual who is held solely due to a bail amount of less than $10 with notice that such eligible incarcerated individual is held solely due to a bail amount of less than $10. Within ninety minutes of generation of such a list, the department shall consult a website maintained by the New York state unified court system that may contain information relating to such individual's legal representative. If such website identifies the legal representative of such individual and contains a telephone number for such legal representative, the department shall telephone such legal representative to inform them that such individual is held solely due to a bail amount of less than $10. If such website identifies an institutional defense provider as the legal representative of such individual, the department shall telephone or email such institutional defense provider within ninety minutes of generation of such a list to inform them that such individual is held solely due to a bail amount of less than $10, regardless of whether a telephone number or email address is identified on a website maintained by the New York state unified court system.
(L.L. 2017/125, 7/22/2017, eff. 1/18/2018; Am. L.L. 2019/081, 5/10/2019, eff. 6/24/2019)
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
Adolescent. The term "adolescent" means any individual in the custody of the department who is 16 or 17 years old.
Assault. The term "assault" means any action taken with intent to cause physical injury to another person.
Department of education site. The term "department of education site" means any facility operated by the department of education that offers educational programming to incarcerated individuals, including but not limited to adolescents, and that is located on property under the control of the department of correction.
Department of education staff. The term "department of education staff" means any employee of the department of education assigned to work in a department of education site.
Educational programming. The term "educational programming" means any educational services offered to incarcerated individuals in the custody of the department of correction by the department of education.
High school equivalency diploma test. The term "high school equivalency diplomacy test" means any test offered by the New York state education department for the purpose of establishing the equivalent of a high school diploma, including, but not limited to, a general education development test or the test assessing secondary completion.
Individualized educational plan. The term "individualized educational plan" has the same meaning as is set forth in paragraph (1) of subsection (d) section 1414 of title 20 of the United States code and any regulations promulgated thereto.
Staff. The term "staff" means department of correction uniformed staff.
Use of force A. The term "use of force A" means a use of force by staff on an incarcerated individual resulting in an injury that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including those uses of force resulting in one or more of the following treatments/injuries: (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; and (x) admission to a hospital.
Use of force B. The term "use of force B" means a use of force by staff on an incarcerated individual which does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including the following: (i) a use of force resulting in a superficial bruise, scrape, scratch, or minor swelling; and (ii) the forcible use of mechanical restraints in a confrontational situation that results in no or minor injury.
Use of force C. The term "use of force C" means a use of force by staff on an incarcerated individual resulting in no injury to staff or an incarcerated individual, including incidents where use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination.
Young adult. The term "young adult" means any individual in the custody of the department who is 18, 19, 20 or 21 years old.
b. As set forth below, the department of education and the department of correction shall produce annual reports on educational programming in department of education sites. Beginning no later than 90 days after the final day of the 2017-2018 school year, and no later than 90 days after each subsequent school year, each such department shall post the reports on its website, and provide a link in each such report to the report of the other department.
c. The department of education report shall include, but need not be limited to, the following information, provided that no information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 students, or allows another category to be narrowed to between 1 and 5 students, the number shall be replaced with a symbol. The student age as of the final day of school enrollment or attendance will be used to categorize the student as an adolescent or young adult, for the purposes of this reporting.
1. The number of adolescents enrolled in educational programming.
2. The number of young adults enrolled in educational programming, and the percentage of such young adults so enrolled. Such percentage shall be calculated by averaging the number of young adults so enrolled on the final school day of each month divided by the number of young adults in the custody of the department of correction on such date.
3. The number of hours of compulsory educational programming afforded to adolescents on each school day, and an identification of the curriculum subject areas included in educational programming.
4. The number of hours of educational programming afforded to young adults on each school day, and an identification of the curriculum subject areas included in educational programming.
5. The number of adolescents and young adults whose educational programming is designed for the regents diploma and the number of adolescents whose educational programming is designed for a high school equivalency diploma test.
6. The number of 17-year-old adolescents who graduated from high school, and the number of young adults enrolled in educational programming who graduated from high school.
7. The number of 17-year-old adolescents to whom a high school equivalency diploma test was administered, and the number of young adults to whom a high school equivalency diploma test was administered.
8. The number of 17-year-old adolescents who passed a high school equivalency diploma test, and the number of young adults who passed a high school equivalency diploma test.
9. The functional levels of adolescents and young adults on tests such as the test of basic adult education or similar testing. The functional level may be calculated per the last test administered to the student each school year.
10. The number of incarcerated individuals enrolled in department of education sites, disaggregated by age.
11. The number and percentage of adolescents and young adults who are enrolled in educational programming for whom individualized education plans have been developed by the department of education. Such percentage shall be calculated by averaging the number of adolescents and young adults so enrolled on the final school day of each month divided by the respective number of adolescents and young adults in the custody of the department of correction on such date
12. The number of adolescents and young adults who have individualized educational plans and who are receiving special education services.
13. The number and percentage of adolescents and young adults enrolled in educational programming who are identified by the department of education as English language learner status as defined by the department of education. Such percentage shall be calculated by averaging the number of adolescents and young adults so enrolled on the final school day of each month divided by the respective number of adolescents and young adults in the custody of the department of correction on such date.
14. The numbers of teachers working at department of education sites, in total and disaggregated by those assigned to teach adolescents and young adults.
15. The number of department of education staff other than teachers assigned to work at department of education sites, in total and disaggregated by those working with adolescents and young adults.
16. The average class size for educational programming provided to adolescents by the department of education.
17. The number of adolescents participating in department of education vocational educational programming, the nature of such programming, and the number of such adolescents who complete such programming.
18. The number young adults enrolled in educational programming who are participating in department of education vocational educational programming, the nature of such programming, and the number of such young adults who complete such programming.
19. The average and median number of credits accumulated by adolescents enrolled in high school educational programming, and the average and median number of credits accumulated by young adults enrolled in high school educational programming. This paragraph shall only apply to those adolescents and young adults who had been in custody for a sufficient period during the reporting period to have earned credits, and the information in this paragraph shall be listed in total and by dividing the number of credits accumulated by the number of such adolescents and young adults.
20. The average and median rate of attendance in a department of education school for adolescent and young adults, upon their release from the custody of the department at six months and one year post-release.
21. The number of adolescents enrolled in physical education at department of education sites.
22. The number of unique assaults on department of education staff by incarcerated individuals.
d. The department of correction report shall include, but need not be limited to, the following information, which shall be produced in a format that protects the privacy interests of incarcerated individuals, including but not limited to those who have juvenile records and sealed criminal records or are otherwise protected by state or federal law. The student age as of the incident date will be used to categorize the student as adolescent or young adult, for the purposes of this reporting.
1. The number of departmental infractions issued to adolescents at a department of education site, and the number of departmental infractions issued to young adults at a department of education school site, in total and disaggregated by the type of infraction, as defined by the department.
2. The number of students prevented from attending educational programming by the department of correction because of a behavioral issue or an assault.
3. The number of assaults on staff at a department of education site, in total and disaggregated by whether such assault was committed by an adolescent or young adult.
4. The number of incidents of use of force A at a department of education site, in total and disaggregated by whether such use of force was used on an adolescent or young adult.
5. The number of incidents of use of force B at a department of education site, in total and disaggregated by whether such use of force was used on an adolescent or young adult.
6. The number of incidents of use of force C at a department of education site, in total and disaggregated by whether such use of force was used on an adolescent or young adult.
e. The report by the department of education shall include a report on plans, if any, to ensure the educational progress of students released from the custody of the department of correction.
(L.L. 2017/168, 9/8/2017, eff. 9/8/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
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