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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)
The department shall ensure that any housing unit where transgender, gender nonconforming, non-binary, and intersex individuals are housed has access to the same mental health treatment as units housing other incarcerated individuals.
(L.L. 2019/142, 7/27/2019, eff. 10/25/2019)
a. Definitions. As used in this section, the following terms have the following meanings:
Dormitory. The term "dormitory" means a unit which houses multiple individuals. This term shall have the same meaning as the term "multiple occupancy housing unit".
Housing unit. The term "housing unit" means a structure or part of a structure that contains single occupancy housing units or multiple occupancy housing units, as those terms are defined in the rules of the New York state commission of correction.
Living quarters. The term "living quarters" means an individual occupancy housing unit as defined in section 7040.4 of title 9 of the compilation of codes, rules and regulations of the state of New York or any successor provision.
Kitchenette. The term "kitchenette" means a space equipped to be used for heating food and water.
b. Every city correctional facility under the sole jurisdiction and control of the department built after the effective date of the local law that added this section shall comply with the following requirements:
1. Design requirements. Each such facility shall be designed, where practicable, in a manner that deprioritizes an institutional appearance and the use of bars.
2. General requirements. Each such facility shall include:
(a) a call button or telephone in each room that incarcerated individuals may use to contact staff;
(b) infrastructure that provides internet capability, subject to security and safety protocols of the department;
(c) designated spaces for re-entry services and programming, with sufficient space and infrastructure to accomplish the purposes of the services offered therein;
(d) access to clinical space for each housing unit, with 24 hour access to emergency response;
(e) systems that provide heating and air conditioning;
(f) visiting spaces, waiting areas, and other spaces in which visitors frequent that include an area that is suitable for children; and
(g) an outdoor recreation area.
3. Individual living quarters. Each individual living quarter in such facility shall:
(a) be no less than 75 square feet (6.97 square meters) in total area and no less than six feet (1.83 meters) in any direction;
(b) contain a functioning toilet, sink with potable water, single bed, and a closeable storage container for personal property for a single person;
(c) have at least one window with access to natural light. The total area of all windows in each living quarter shall be a least one-tenth the floor area of such room;
(d) contain no more than one single bed and house no more than one person; and
(e) contain at least one light that can be turned on and off.
4. Dormitories. Each dormitory in such facility shall:
(a) be equipped with a sufficient number of toilets and sinks, and provide showers in accordance with the minimum standards of the New York city board of correction and the guidelines of the New York state commission of correction for multiple occupancy housing units;
(b) have at least one window with access to natural light in each living space within such dormitory. The total area of all windows in each dormitory shall be a least one-tenth the floor area of such space; and
(c) contain a minimum of 75 square feet (6.97 meters) of floor space per person in the sleeping area.
5. Housing units. Each housing unit in such facility shall
(a) include a recreation area with access to fresh air and natural light; and
(b) contain a kitchenette.
6. Bathrooms shall be accessible at all times to individuals housed in each such facility.
c. The department shall digitize paper-based communications and ensure that correctional facilities built after the effective date of the local law that added this section are wired in such a fashion to allow for such electronic communications. Such communication shall include but not be limited to (1) the location of incarcerated individuals, (2) communications between staff, (3) the filing of grievances, and (4) communications regarding bail status, in accordance with standards set by correctional oversight agencies.
d. This section is not intended to encompass the entirety of standards to apply to jail facilities.
(L.L. 2019/194, 11/17/2019, eff. 3/16/2020)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Application for compassionate release. The term "application for compassionate release" means an application submitted, with the consent of the incarcerated individual, by correctional health services to the incarcerated individual's defense attorney to be used to request that a court release the incarcerated individual.
Cumulative infections. The term "cumulative infections" means the total number of positive infections of people who have been incarcerated during a given public health emergency, regardless of whether those individuals have been discharged after being confirmed positive while in the department's custody.
Infection. The term "infection" means any infection that is the subject of a public health emergency.
Public health emergency. The term "public health emergency" means any declared state of emergency made in response to an outbreak of an infectious disease.
Staff. The term "staff" means civilian and uniform staff of the department of correction and correctional health staff.
b. During the duration of any public health emergency, the department and correctional health services shall submit to the speaker of the council, and make publicly available on the correctional health services website, a weekly report related to the outbreak of infectious diseases in city jails. Such report shall be submitted in a machine-readable format and stored permanently on correctional health services' website, and include the following information for each day in the preceding week:
1. The number of incarcerated individuals tested for the infection, disaggregated by each day starting from the first day of the announcement of the public health emergency, or for the COVID-19 pandemic, each day starting from March 13, 2020, in total and disaggregated by whether such tests were positive, negative, or pending results. For those dates following the effective date of the local law that added this section, the number of incarcerated individuals tested for the infection shall be further disaggregated by the reason the test was administered;
2. The number of incarcerated individuals currently diagnosed with the infection; unless otherwise reported by the board of correction;
3. The number of currently incarcerated individuals who have been diagnosed with the infection but are no longer contagious;
4. The number of tests administered to incarcerated individuals;
5. The cumulative number of unique incarcerated individuals who have been tested for the infection, disaggregated by whether test results were positive or negative;
6. Cumulative number of tests administered, disaggregated by whether test results were positive or negative;
7. The cumulative number of staff who voluntarily self reported to be medically confirmed with the infection; disaggregated by whether such infections were of uniform, civilian, or correctional health staff; unless otherwise reported by the board of correction.
8. The total number of staff employed by the department, disaggregated by uniform and non-uniform staff; and further disaggregated by out sick and not out sick;
9. The number of deaths of incarcerated individuals related to the infection;
10. The cumulative number of incarcerated individuals provided applications for compassionate release, in total and disaggregated by number of such individuals released;
11. The number of incarcerated individuals known to correctional health services to be hospitalized due to the infection;
12. The cumulative number of incarcerated individuals known to correctional health services to be hospitalized due to the infection;
13. The number of people in custody with a serious mental illness; and
c. During the duration of any public health emergency, the department of correction shall provide a weekly report related to the outbreak of infectious diseases in city jails to the board of correction and to the speaker. Such reports shall include, for the previous week and the previous month:
1. The number of individuals incarcerated solely on a definite sentence, disaggregated by how many such individuals have 30 or fewer, 31 - 60, and 60 - 90 days remaining to serve on such sentence;
2. The number of individuals incarcerated solely on a definite sentence, disaggregated by which individuals have been deemed medically vulnerable by correctional health services.
3. The number of calls made to any correctional health services phone number designed to handle calls from incarcerated individuals, and the number of voice messages left on such phone number;
d. Correctional health services in collaboration with the department of correction shall provide and ensure the distribution of a weekly written communication to persons in custody including information about the public health emergency and a frequently asked questions section.
e. During the duration of a public health emergency, the department and correctional health services shall submit to the speaker of the council, and make publicly available on the department's website, a timeline of significant events related to the public health emergency, including but not limited to general criteria for testing and discharge planning related to the public health emergency. Such a timeline shall be updated weekly.
f. Privacy. Reports required pursuant to this section shall not contain identifying information as defined in section 23-1201 of the administrative code of the city of New York. If a category to be reported contains fewer than ten individuals or contains an amount that would allow another category that contains fewer than ten individuals to be deduced, the number shall be replaced with a symbol.
(L.L. 2020/059, 6/29/2020, eff. 6/29/2020)
a. Definitions. For purposes of this section, the term "doula" means a trained person who provides continuous physical, emotional and informational support to a pregnant person and the family before, during or shortly after childbirth, for the purpose of assisting a pregnant person through the birth experience; or a trained person who supports the family of a newborn during the first days and weeks after childbirth, providing evidence-based information, practical help and advice to the family on newborn care, self-care and nurturing of the new family unit.
b. The department shall retain an organization to make at least two doulas at any given time available to provide doula services twice a week, for four hours, at all department facilities that house incarcerated persons who identify as female, as well as to provide doula services during labor and delivery, upon request.
c. The department shall ensure that doula services are available at a frequency to be determined by factors including available department resources and exigent circumstances. The department shall permit doulas to access the nursery, as defined in section 9-142, to access areas where programming is typically provided and to accompany incarcerated individuals to medical appointments, upon request. All known pregnant individuals in the custody of the department are permitted to utilize doula services in labor, delivery and postpartum rooms. Prior to their entry into a departmental facility, doulas shall be subject to the department's service provider processing security clearance protocol.
d. No later than January 15, 2023 and every six months thereafter, the department shall provide to the speaker of the council and publish on its website, in a machine readable format, a report on the number of doula service hours provided, the types of services provided, and the number of incarcerated individuals served in the previous six month period.
e. No later than January 31, 2023, the commissioner of correction shall convene a working group composed of the speaker of the city council or the speaker's designee; commissioner of correction or the commissioner's designee; representatives from the department of health and mental hygiene; representatives from the organization providing doula services pursuant to subdivision b of this section; and department staff who regularly work on programming for incarcerated persons who identify as female. Until August 31, 2029, the working group shall meet every six months to review the reports required by subdivision d of this section, review relevant reports issued by the organization providing doula services, consider any reports issued by city agencies regarding maternal health and discuss improving communication, collaboration and efficiency related to pregnant individuals in custody. After September 1, 2029, the working group shall meet at least once a year to review relevant the reports required by subdivision d of this section, review relevant reports issued by the organization providing doula services, consider any reports issued by city agencies regarding maternal health and discuss improving communication, collaboration and efficiency related to pregnant individuals in custody.
(L.L. 2021/095, 9/26/2021, eff. 1/24/2022)
a. When an incarcerated individual is released from custody in a departmental facility, the department shall, as part of the discharge process, assist the individual in receiving unused commissary funds. Such assistance shall be given in a language the incarcerated individual can understand and shall include but not be limited to providing such individual, orally and in writing, information on the amount of commissary funds remaining in their account, how to obtain such funds and the locations at which they can immediately receive up to $200 in cash of such funds. For the purposes of this section, the term "commissary funds" has the same meaning as the term "prisoner funds" set forth in subdivision f of section 500-c of the correction law and in section 7016.2 of title 9 of the New York code of rules and regulations, or any successor provisions of such law or rules.
b. Immediately upon request from a formerly incarcerated individual at a location at which commissary funds are made available, the department shall return up to $200 of such funds in cash, and any funds to which such individual is entitled that exceed $200 shall be distributed by check and sent by mail if all necessary information, including a name and mailing address, is provided by such individual. The department shall also make such checks available to be retrieved by the formerly incarcerated individual in person at the cashier window within three business days of receiving a request from a formerly incarcerated individual. Such formerly incarcerated individual will have 90 days to retrieve such check in person. If such individual does not pick up the check within 90 days, the individual may request a new check to be issued. The department shall attempt to contact the formerly incarcerated individual if such individual does not pick up the check within 90 days and notify such individual that they may request a new check to be issued. Such individual must pick up the new check within 90 days.
c. No formerly incarcerated individual receiving unused commissary funds shall pay any fee in connection with the procedures established in accordance with this section for receiving such funds.
d. No later than December 1, 2022, the department shall establish a plan, upon consultation with the agency or agencies designated by the mayor, for raising awareness regarding the procedures by which formerly incarcerated individuals can obtain commissary funds and for retrieving information necessary to return such funds to such individuals. The department shall make reasonable efforts to return unused commissary funds to their rightful owners.
e. No later than May 31, 2023 and by May 31 of each subsequent year thereafter, the department shall report to the council and post permanently on its website a report of the aggregate amount of commissary funds remaining in the accounts of all individuals who are no longer in the custody of the department, the number of such accounts and efforts made in each year to return any unclaimed funds during the reporting period.
(L.L. 2021/160, 12/24/2021, eff. 6/22/2022)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Department. The term “department” means the New York city department of correction.
Maternal mortality. The term “maternal mortality” means the death of a person that occurs during pregnancy, or within one year from the end of pregnancy, regardless of the duration of such pregnancy.
Pregnancy-associated death. The term “pregnancy-associated death” means the death of a person from any cause during pregnancy or within one year from the end of pregnancy.
Pregnancy-related death. The term “pregnancy-related death” means the death of a person (i) during pregnancy or within one year from the end of pregnancy that (ii) is due to a pregnancy complication, a chain of events initiated by pregnancy or the aggravation of an unrelated condition by the physiologic effects of pregnancy.
Relevant agencies. The term “relevant agencies” includes the department of health and mental hygiene, New York city health and hospitals corporation, any successor of an agency specified in this definition and any other agency that the service deems relevant.
Service. The term “service” means correctional health services, as defined in section 9-108.
b. Report. By no later than 90 days after the effective date of the local law that added this section, and every fifteenth day of February thereafter, correctional health services, in consultation with the relevant agencies, shall submit a report to the mayor and the speaker of the council and post such report on its website based on data from the prior calendar year. Such report shall include, but need not be limited to:
1. The number of pregnant persons in the custody of the department;
2. The number of incarcerated pregnant persons whose pregnancy resulted in a live birth while in the custody of the department;
3. The number of incarcerated pregnant persons whose pregnancy resulted in a miscarriage while in the custody of the department;
4. The number of incarcerated pregnant persons whose pregnancy resulted in a still birth while in the custody of the department;
5. The number of maternal mortalities known to the service while in the custody of the department;
6. The number of maternal mortalities while in the custody of the department considered to be a pregnancy-associated death, if information necessary to make such determination is available to the service;
7. The number of maternal mortalities while in the custody of the department considered to be a pregnancy-related death, if information necessary to make such determination is available to the service;
8. The number of persons in the custody of the department receiving prenatal care; and
9. The number of persons in the custody of the department receiving postnatal care.
c. Confidentiality. The service shall report information required by subdivision b of this section in a manner that does not jeopardize the confidentiality of an incarcerated pregnant person.
(L.L. 2023/072, 6/11/2023, eff. 6/11/2023)
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