Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
§ 1-02 Classification of People in Custody.
   (a)    Policy. Consistent with the requirements of this section the Department shall employ a classification system for people in custody.
   (b)   Categories. 
      (1)   Sentenced individuals shall be housed separate and apart from people awaiting trial or examination, except when housed in:
         (i)   RMAS housing units, defined in 40 RCNY § 6-03(b)(16);
         (ii)   Specialized medical housing units, defined in 40 RCNY § 6-03(b)(17);
         (iii)   Specialized mental health housing, defined in 40 RCNY § 6-03(b)(18);
         (iv)   pregnant person housing and the Department nursery; and
         (v)   housing areas designated for people ages 18 to 21 inclusive.
      (2)   Where sentenced individuals are housed with people awaiting trial or examination in the housing areas listed in subparagraphs (i) through (v) of paragraph (1) of this subdivision, the sentenced individuals shall be treated as people awaiting trial or examination for all purposes other than housing.
      (3)   Within the categories set forth in paragraph (1), and subject to the exceptions set forth in 40 RCNY § 1-02(b)(4), the following groupings shall be housed separate and apart:
         (i)   male adults, ages 22 and over;
         (ii)   male young adults, ages 18 to 21 inclusive;
         (iii)   female adults, ages 22 and over;
         (iv)   female young adults, ages 18 to 21 inclusive.
      (4)   Young adults shall be housed separate and apart from adults, except when housed in:
         (i)   specialized medical housing units, as defined in 40 RCNY § 6-03(b)(17);
         (ii)   specialized mental health housing, as defined in 40 RCNY § 6-03(b)(18);
         (iii)   pregnant person housing and the Department nursery.
   (c)   Inmates ages 18 to 21 inclusive. 
      (1)   Housing for people in custody ages 18 through 21 shall provide such people with age-appropriate programming.
      (2)   Data collection and review. 
         (i)   The Department shall provide the Board with a monthly public census showing which housing units and facilities house 18-year-olds and 19-21-year-olds. The census shall indicate how many young adults are in each unit, the housing category of each unit (e.g., general population, protective custody, specialized medical, specialized mental health, pregnant, nursery, etc.), and whether the unit is a young adult-only unit or a commingled housing unit.
         (ii)   The Department shall report to the Board the locations of all units operating as young adult-only housing units at each facility, including the dates each unit started operating as a young adult-only unit and the date each unit stopped operating as a young adult-only unit (if applicable).
         (iii)   The Department shall provide the Board with monthly, public reports on its plans for housing and providing age-appropriate programming and services to young adults in custody (i.e., Young Adult Plan). The monthly report shall include but not be limited to the following information as of the first day of the reporting month:
            (A)   Number of young adults, in total and disaggregated by gender, custody status (i.e., detainee, sentenced), and "M" designation, and the percent of young adults in each category out of the total young adult population and the DOC population as a whole;
            (B)   Number of young adults, in total and disaggregated by facility and by young adult-only versus commingled housing units, and percent of the young adult population in each category out of the total young adult population in custody;
            (C)   Number of young adults in young adult-only housing units, in total and disaggregated by classification level and custody status;
            (D)   Number of young adults in commingled housing units, in total and disaggregated by classification level and custody status;
            (E)   Number of young adults in medical and mental health housing units, in total and disaggregated by type of unit (e.g., CAPS, PACE, Detox, and Mental Observation);
            (F)   Number of young adults in restrictive housing units, in total and disaggregated by type and level of housing;
            (G)   Number of active young adult-only housing areas by facility during the reporting month;
            (H)   A list and description of the staff trainings focusing on working with the young adult population offered by the Department (e.g., Safe Crisis Management, Direct Supervision);
            (I)   For each training offered, the number and percent of staff working with young adults, in total (Department-wide) and disaggregated by facility and by status of young adult training received (qualified, trained but expired, never trained);
            (J)   A list and description of young adult program offerings by facility, housing type (young adult-only, commingled), and provider, specifying Department-led programming and programming offered by external providers;
            (K)   The number and percent of young adults in custody with an Individual Behavioral Support Plan; and
            (L)   Any other information the Department or the Board deems relevant to assessment of the Young Adult Plan.
            (M)   The Board and the Department shall jointly develop reporting templates for information required by 40 RCNY § 1-02(c)(2) for approval by the Board.
   (d)   People in custody for civil offenses. People who are not directly involved in the criminal process and are confined for other reasons including civil process, civil contempt or material witness, shall be housed separate and apart from the rest of the jail population and, if possible, located in a different structure or wing. They must be afforded at least as many of the rights, privileges and opportunities available to other people in custody.
      (1)   Within this category, the following groupings shall be housed separate and apart:
         (i)   male adults, ages 22 and over;
         (ii)   male young adults, ages 18 to 21 inclusive;
         (ii)   female adults, ages 22 and over;
         (iv)   female young adults, ages 18 to 21 inclusive.
   (e)   Limited commingling. Nothing contained in this section shall prevent people in custody in different categories or groupings from being in the same area for a specific purpose, including, but not limited to, entertainment, classes, contact visits or medical necessity.
   (f)   Security classification. 
      (1)   The Department shall use a system of classification to group people in custody according to the minimum degree of surveillance and security required.
      (2)   The system of classification shall meet the following requirements:
         (i)   It shall be in writing and shall specify the basic objectives, the classification categories, the variables and criteria used, the procedures used and the specific consequences to the person in custody of placement in each category.
         (ii)   It shall include at least two (2) classification categories.
         (iii)   It shall provide for an initial classification upon entrance into the corrections system. Such classification shall take into account only relevant factual information about the person in custody, capable of verification.
         (iv)   It shall provide for involvement of the person in custody at every stage with adequate due process.
         (v)   People placed in the most restrictive security status shall only be denied those rights, privileges and opportunities that are directly related to their status and which cannot be provided to them at a different time or place than provided to other individuals in custody.
         (vi)   It shall provide mechanisms for review of people placed in the most restrictive security status at intervals not to exceed four (4) weeks for individuals awaiting trial and eight (8) weeks for sentenced people.
(Amended City Record 12/24/2015, eff. 1/23/2016; amended City Record 6/9/2021, eff. 7/9/2021)