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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)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Formal proceeding. The term "formal proceeding" means any formal proceeding before a tribunal, administrative judge, or other adjudicative body outside the department to adjudicate a disciplinary action pursuant to section 75 of the civil service law, including but not limited to proceedings before the New York city office of administrative trials and hearings.
Incident. The term "incident" means any incident in which staff used force on an incarcerated individual.
Staff. The term "staff" means any department of correction uniformed staff.
b. Beginning August 31, 2018, and every year thereafter, the commissioner shall prepare a report on investigations into incidents for the previous fiscal year. This report shall be sent to the mayor and the speaker of the council, and posted on the department's website. This report shall include, but need not be limited to, the following information:
1. The number and rate in which the department investigated incidents.
2. The number and rate of incidents for which the department determined that staff violated a departmental rule or was otherwise subject to discipline, the type of incident that occurred, and the type of discipline recommended and actually imposed for such incidents.
3. To the extent applicable, information regarding the entities within the department that are responsible for conducting investigations into incidents, including the number, rate and speed at which such entities conduct and complete investigations.
4. To the extent applicable, the number of formal proceedings that occurred, and the outcomes of such proceedings. In any case in which the outcome of a formal proceeding was a recommendation to the commissioner for a certain type of sanction, the report shall include whether the recommended sanction was accepted, rejected or modified.
5. The number of investigations into incidents that were referred to a district attorney's office, the department of investigation, or any similar law enforcement entity.
c. 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 information or that would interfere with law enforcement investigations.
(L.L. 2017/216, 12/1/2017, eff. 12/1/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
The city shall provide telephone services to individuals within the custody of the department in city correctional facilities at no cost to the individuals or the receiving parties for domestic telephone calls. The city shall not be authorized to receive or retain any revenue for providing telephone services.
(L.L. 2018/144, 8/6/2018, eff. 5/3/2019; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Continuous lock-in. The term "continuous lock-in" means any period of time in which incarcerated individuals are confined to their cells or beds due to the combination of an emergency lock-in and either a scheduled lock-in or a lock-in extension, or both.
Department-wide emergency lock-in. The term "department-wide emergency lock-in" means any period of time during which incarcerated individuals are confined to their cells or beds throughout all department facilities, but shall not include any scheduled period of lock-in.
Facility emergency lock-in. The term "facility emergency lock-in" means any period of time during which incarcerated individuals are confined to their cells or beds within all housing areas of an individual departmental facility, but shall not include any scheduled period of lock-in.
Housing area emergency lock-in. The term "housing area emergency lock-in" means any period of time during which incarcerated individuals within an individual housing area within a facility are confined to their cells or beds, but shall not include any scheduled period of lock-in.
Lock-in extension. The term "lock-in extension" means when a scheduled period of lock-in is extended.
Mandated services. The term "mandated services" means incarcerated individual services required to be provided pursuant to local law or rule, including but not limited to access to: law library, recreation, religious services, sick call, visits, and educational services.
Partial facility emergency lock-in. The term "partial facility emergency lock-in" means any period of time during which incarcerated individuals are confined to their cells or beds within a segment of an individual departmental facility, but shall not include any scheduled period of lock-in. Any emergency lock-in that includes periods of full facility emergency lock-in and partial facility emergency lock-in shall be considered a full facility emergency lock-in.
Scheduled period of lock-in. The term "scheduled period of lock-in" means (1) during the evening, for an incarcerated individual count or for sleeping time, a period not to exceed 8 hours within any 24-hour period, (2) during the day, for an incarcerated individual count or for required facility business that can only be carried out when incarcerated individuals are locked in, a period not to exceed 2 hours within any 24-hour period, and (3) for any other period of regularly scheduled lock-in permitted by applicable law or board of correction rules pertaining to specialized housing areas. Nothing in this section invalidates or affects existing or future laws or board of correction rules regarding the extension of a scheduled period of lock-in.
b. Sixty days after the end of the quarter beginning April 1, 2019, and no later than the sixtieth day after the end of each subsequent quarter, the department shall post on its website a report containing information pertaining to emergency lock-ins that occurred during the preceding quarter. All data shall be submitted in a machine readable format. Such report shall include:
1. the number of department-wide emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department;
2. the number of facility emergency lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department;
3. the number of lock-in extensions disaggregated by facility and housing area, in total and disaggregated by housing area type and reason for lock-in extension;
4. the number of partial facility emergency lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department;
5. the number of housing area emergency lock-ins disaggregated by facility and housing area, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and the housing area type;
6. the mean and median number of incarcerated individuals housed in areas affected by housing area emergency lock-ins disaggregated by facility, in total and disaggregated by the housing area type;
7. the mean and median duration of emergency lock-ins disaggregated by department-wide emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; facility emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; partial facility emergency lock-ins, in total and disaggregated by the reason for such emergency lock-in, as determined by the department; and housing area emergency lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and housing area type;
8. the number of times mandated services are affected by an emergency lock-in or lock in extension, disaggregated by service type;
9. the mean and median duration of continuous lock-ins disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and the housing area type; and
10. the number of times that the duration of a continuous lock-in exceeds 24 hours, disaggregated by facility, in total and disaggregated by the reason for such emergency lock-in, as determined by the department, and the housing area type.
c. Sixty days after January 1, 2020, and no later than the sixtieth day after the end of each subsequent year, the department shall post on its website a report containing the information from paragraphs 1 through 10 of subdivision b of this section for the preceding year. All data shall be submitted in a machine readable format.
d. The information required by subdivisions b and c of this section shall be compared to the previous four reporting periods, and stored permanently, and accessible from the department's website.
(L.L. 2018/164, 10/13/2018, eff. 10/13/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/164.
Editor's note: this section has been amended by L.L. 2025/024, 3/15/2025, eff. 7/13/2025.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Correctional health authority. The term "correctional health authority" means the entity responsible for the delivery of health and mental health services to incarcerated individuals in the custody of the department.
Facility investigation. The term "facility investigation" means any investigation of an incident conducted by staff within a departmental facility but does not include an investigation conducted by the investigation division.
Gender non-conforming. The term "gender non-conforming" describes a person who presents in a way that does not conform with traditional gender expectations.
Investigation division. The term "investigation division" means any departmental unit responsible for investigating allegations of staff misconduct.
Non-binary. The term "non-binary" describes a person who does not identify as male or female.
Sexual abuse. The term "sexual abuse" includes sexual abuse of an incarcerated individual by staff or sexual abuse by an incarcerated individual.
Sexual abuse by staff of an incarcerated individual. The term "sexual abuse by staff" includes any of the following acts conducted by staff, with or without consent of the incarcerated individual, including when such acts occur during the course of an otherwise authorized search procedure: (1) contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) contact between the mouth and the penis, vulva, or anus; (3) contact between the mouth and any body part where the staff member has the intent to abuse, arouse, or gratify sexual desire; (4) penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument; (5) any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks where the staff member has the intent to abuse, arouse, or gratify sexual desire; and (6) any attempt to engage in the acts described in paragraphs (1) through (5) of this definition.
Sexual abuse by an incarcerated individual. The term "sexual abuse by an incarcerated individual" includes any of the following acts if the victim and perpetrator are both incarcerated individuals, and if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse: (1) contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) contact between the mouth and the penis, vulva, or anus; (3) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and (4) any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.
Sexual harassment. The term "sexual harassment" includes (1) any unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature; and (2) any verbal comments or gestures of a sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.
Staff. The term "staff" means an employee who works directly for the department.
b. Incident report. Within 90 days of July 1, 2025 and every six months thereafter, the department shall provide to the speaker of the council and the board of correction a report of alleged incidents of sexual abuse and sexual harassment that occurred, or for which an investigation was pending, during the preceding six-month period. All data shall be reported in a format capable of automated processing. Such report shall include a table with a unique identification number and the following information for each such incident, set forth in separate columns:
1. The date on which the incident occurred and whether the incident took place between the times of 7:00 a.m. and 3:00 p.m., 3:00 p.m. and 11:00 p.m., and 11:00 p.m. and 7:00 a.m.;
2. Whether the allegation is of sexual abuse or sexual harassment as defined in subdivision a of this section;
3. The date the incident was reported;
4. The gender identity of the alleged victim;
5. Whether the alleged victim at the time of the incident was between the ages of 18 - 25, 26 - 35, 36 - 40, 41 - 60, or over 60;
6. The race of the alleged victim;
7. Whether the alleged victim had been in custody for more than 24 hours and who, during such confinement, received treatment for a mental illness, not including incarcerated individuals seen by mental health staff on no more than two occasions during their confinement and assessed on the latter of those occasions as having no need for further treatment in any city correctional facility or upon their release from any such facility;
8. The gender identity of the alleged perpetrator;
9. Whether the alleged perpetrator was an incarcerated individual or staff;
10. If the alleged perpetrator was staff, the number of previous allegations against such staff that were substantiated and the outcome of each investigation;
11. If the alleged perpetrator was staff, the number of previous allegations against such staff that were unsubstantiated;
12. If the alleged perpetrator was staff, the number of previous allegations against such staff which are still pending;
13. The facility in which the incident occurred;
14. Whether the incident occurred in a service area or housing area;
15. If the incident occurred in a housing area, the housing area type;
16. Whether video camera surveillance recorded the incident;
17. The type of sexual abuse or harassment as defined in subdivision a of this section;
18. Whether the alleged victim is known to identify as lesbian, gay or bi-sexual;
19. Whether DNA or any other physical evidence was obtained;
20. Whether a rape kit was administered, declined or not applicable;
21. If a rape kit was deemed not applicable, whether that determination was the result of a delay in reporting, due to the type of abuse alleged to have occurred, or any other reason;
22. Whether the case was referred to the department of investigation, the date of such referral, and whether the department of investigation referred it back to the department of correction to investigate.
23. Where an investigation of such incident was opened, the date the investigation was opened;
24. Where an investigation of such incident was opened and subsequently closed, the date the investigation was closed;
25. Whether the department determined that the incident was substantiated, unsubstantiated, or unfounded;
26. Whether the allegation was referred to a district attorney’s office;
27. Where an investigation of such incident was opened, whether the alleged victim was notified regarding the outcome of the investigation;
28. Whether the alleged victim was referred to trauma or rape crisis services following the incident;
29. Where an investigation of such incident was opened, whether the alleged perpetrator and alleged victim were separated from physical contact during pendency of the investigation;
30. For substantiated allegations, if the perpetrator was a staff person, whether during the pendency of the investigation such staff person resigned, was suspended, placed on modified duty, assigned to a post without contact with incarcerated individuals, assigned to a post with restricted contact with incarcerated individuals, placed on administrative leave, or administered any other form of discipline;
31. For substantiated allegations, whether the allegation was referred for disciplinary action, including whether the department declined to file disciplinary charges, or if disciplinary charges were filed, the outcome of such disciplinary proceeding and whether the alleged staff perpetrator resigned or retired in lieu of charges or as part of a negotiated plea; and
32. For substantiated allegations that were not referred to a district attorney’s office, the reason the allegation was not referred to such an office.
c. Notwithstanding any other provision of law, the report required by subdivision b shall not be transmitted in electronic format to the department of records and information services or made available to the public on or through such department’s website.
d. Aggregate report. Within 90 days of July 1, 2025, and every six months thereafter, the department shall post on its website the information required in subdivision b of this section in the aggregate, including the number and percentage of each data point, provided that such information that cannot be aggregated need not be included in such report. Such aggregated reports shall include the number of cases pending for over 90 days. Such reports shall be stored on the department's website for at least ten years.
e. Unless otherwise precluded by law, the correctional health authority shall assist the department in collecting the data enumerated in subdivisions b and c of this section.
f. The department shall review this incident data in order to assess and improve the effectiveness of its sexual abuse and sexual harassment prevention, detection, and response policies, practices, and training by identifying problem areas and trends, taking corrective action on an ongoing basis and providing a semiannual assessment report to the council on its findings and corrective actions for each facility, as well as the department as a whole. Such semiannual assessment report shall also review the need for policy and practice changes, assess whether vulnerable populations are particularly at risk and review whether staffing levels are adequate, whether investigation practices need to be revised and whether monitoring technology needs to be deployed or improved. Such semiannual assessment report shall include a comparison of the current six months' data and corrective actions with those from the prior six months and shall provide an assessment of the department's progress in addressing sexual abuse and sexual harassment. Such a report shall be provided to the public and to the speaker of the council within 90 days following the end of each reporting period starting on July 1, 2019 and every six months thereafter.
g. The department shall ensure that all data collected pursuant to this section is securely retained, and shall retain such data indefinitely after the date of the initial collection unless federal or state law requires otherwise.
h. The department shall report the information required pursuant to this subdivision notwithstanding any other provision of local law. Before making data collected pursuant to this section available to the speaker of the council, board of correction, and the public, the department shall remove an individual's name, all personal identifying information as defined by subdivision (a) of section 10-501, and any other information the disclosure of which would violate any federal or state laws.
(L.L. 2019/021, 1/20/2019, eff. 1/20/2019; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022; Am. L.L. 2025/033, 3/29/2025, eff. 3/29/2025)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Commissioner. The term “commissioner” means the commissioner of correction.
Correctional health services. The term “correctional health services” has the same meaning as set forth in section 9-108.
Department. The term “department” means the department of correction.
Gender identity. The term “gender identity” has the same meaning as set forth in section 9-165.
Personal information. The term “personal information” has the same meaning as set forth in subdivision a of section 10-501.
Reporting period. The term “reporting period” means January 1 through June 30 of a year, or July 1 through December 31 of a year.
Sexual assault of staff. The term “sexual assault of staff” means any non-consensual physical conduct of a sexual nature by an incarcerated individual toward or against staff, including but not limited to patting, rubbing, kissing, grabbing, pinching, or touching.
Sexual harassment of staff. The term “sexual harassment of staff” means any of the following acts conducted by an incarcerated individual toward or against staff: (i) verbal comments or obscene gestures of a sexual nature, including sexually suggestive remarks, jokes, innuendos or leering; (ii) intentional touching of the incarcerated individual’s own body in plain view of staff, in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense; and (iii) any act made by an incarcerated individual to request, solicit, or otherwise encourage staff to engage in sexual activity.
Staff. The term “staff” means a natural person, other than an incarcerated individual, who works directly for the department or correctional health services.
b. Incident report. No later than February 15, 2026, and every 6 months thereafter, the department shall submit to the mayor, the speaker of the council, and the board of correction a report on alleged incidents of sexual assault of staff and sexual harassment of staff that occurred, or for which an investigation was pending, during the preceding reporting period. All data in such report shall be reported in a machine-readable format. Such report shall include a table with information about each alleged incident of sexual assault of staff or sexual harassment of staff that occurred during the preceding reporting period in each row. Such information shall include, but need not be limited to:
1. A unique identification number for such incident;
2. Whether the incident related to an allegation of sexual assault of staff, and if so, any specific alleged conduct that violated the department’s person in custody rulebook;
3. Whether the incident related to an allegation of sexual harassment, and if so, any specific alleged conduct that violated the department’s person in custody rulebook;
4. The month in which such incident occurred;
5. Whether the staff who was the alleged victim of such incident was civilian or uniformed staff at the time of such incident;
6. Whether such incident took place between the times of 7:00 a.m. and 3:00 p.m., 3:00 p.m. and 11:00 p.m., or 11:00 p.m. and 7:00 a.m.;
7. The gender identity of the staff who was the alleged victim of such incident;
8. The gender identity of the alleged perpetrator of such incident;
9. The facility of the department in which such incident occurred;
10. Whether such incident occurred in a service area or housing area of such facility;
11. For any such incident that occurred in a housing area, the type of housing area;
12. Whether the department’s video camera surveillance recorded such incident;
13. Whether the department collected any physical evidence from or related to such incident;
14. Whether the department assisted the staff who was the alleged victim of such incident in obtaining a rape kit following the incident, including, but not limited to, by making referrals for treatment or providing stipends;
15. The number of days between such incident and the date such incident was reported to the department;
16. Whether the department opened an investigation of such incident, and, if so, the number of days between such incident and the date the department opened such investigation;
17. Whether the alleged perpetrator and the alleged victim were separated from physical contact during the pendency of such investigation;
18. Whether such investigation is pending or has been closed at the time of submission of such report;
19. The outcome of any investigation related to the alleged incident, including but not limited to, any discipline or penalties imposed on the alleged perpetrator;
20. Whether the department referred such incident to the district attorney, and if so, the number of days between such incident and the date the department made such referral;
21. Whether the alleged perpetrator of such incident was re-arrested following the incident, and if so, the number of days between such incident and such arrest; and
22. Whether the alleged victim was notified regarding the outcome of any investigation related to the incident.
c. In accordance with applicable law, correctional health services shall assist the department in collecting the information required to be reported under this section.
d. Notwithstanding any other provision of law, the report required by subdivision b shall not be transmitted in electronic format to the department of records and information services or made available to the public on or through such department’s website.
(L.L. 2025/023, 3/15/2025, eff. 7/13/2025)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Commissioner. The term “commissioner” means the commissioner of correction.
Sexual assault of staff. The term “sexual assault of staff” means any non-consensual physical conduct of a sexual nature by an incarcerated individual toward or against staff, including but not limited to patting, rubbing, kissing, grabbing, pinching, or touching.
Sexual harassment of staff. The term “sexual harassment of staff” means any of the following acts conducted by an incarcerated individual toward or against staff: (i) verbal comments or obscene gestures of a sexual nature, including sexually suggestive remarks, jokes, innuendos or leering; (ii) intentional touching of the incarcerated individual’s own body in plain view of staff, in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense; and (iii) any act made by an incarcerated individual to request, solicit, or otherwise encourage staff to engage in sexual activity.
Staff. The term “staff” means an individual, other than an incarcerated individual, who works directly for the department.
b. The department shall provide to staff access to mental health resources relating to reducing stress and other adverse mental health impacts for persons working in correctional facilities. In providing such access, the department shall consider guidance and any best practices established by the national institute of corrections. Such resources shall include, but need not be limited to, confidential mental health counseling to address the impacts of sexual assault of staff and sexual harassment of staff.
c. The commissioner shall provide information about the availability of such resources on the department’s website. The commissioner shall electronically communicate such information to staff, and shall post such information in conspicuous locations in facilities of the department.
(L.L. 2025/023, 3/15/2025, eff. 7/13/2025)
a. On or before January 1, 2020, the department shall issue an incident level report to the speaker of the council and the board of correction on applications for housing in dedicated housing units that includes transgender, gender non-binary, and intersex individuals made during the six-month period preceding the date of issuance of such report. Such report shall include the following information for each such application: the outcome of such request; the length of time between such application and a decision on such application; if such request was denied, the reason for such denial in categories defined by the department; if an appeal was filed, the outcome of such appeal and the length of time between the filing of such appeal and the response to such appeal. Before submitting such reports, the department shall remove all personal identifiers. Any individually identifiable information contained in such reports shall not be publicly disclosed except as required by law or with the written consent of the person who is the subject of the information, or that person's authorized representative. Notwithstanding any other provision of law, the reports required by this subdivision are not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and are not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site.
b. On or before January 1, 2020, the department shall publish on its website a report on applications for housing in a dedicated housing unit that includes transgender, gender non-binary, and intersex individuals made during the six-month period preceding the date of issuance of such report. Such report shall include the number of such applications, the number of such applications that were granted, and the number of applications denied, the number of such applications that were appealed, and the outcomes of such appeals. Such report shall be submitted in a machine readable format, compared to the previous four reporting periods, and stored permanently on the department's website.
(L.L. 2019/144, 7/27/2019, eff. 7/27/2019)
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