(a) Policy. People in custody are entitled to access to courts, attorneys, legal assistants and legal materials.
(b) Judicial and administrative proceedings.
(1) People in custody shall not be restricted in their communications with courts or administrative agencies pertaining to either criminal or civil proceedings except pursuant to a court order.
(2) Timely transportation shall be provided to people scheduled to appear before courts or administrative agencies. Vehicles used to transport people in custody must meet all applicable safety and inspection requirements and provide adequate ventilation, lighting and comfort.
(c) Access to counsel.
(1) People in custody shall not be restricted in their communication with attorneys. The fact that someone is represented by one attorney shall not be grounds for preventing that person from communicating with other attorneys. Any properly identified attorney may visit any person in custody with that person's consent.
(i) An attorney may be required to present identification to a designated official at the central office of the Department in order to obtain a facility pass. This pass shall permit the attorney to visit any person in the custody of the Department.
(ii) The Department only may require such identification as is normally possessed by an attorney.
(2) The Department may limit visits to any attorney of record, or an attorney with a court notice for individuals undergoing examination for competency pursuant to court order.
(3) Visits between people in custody and attorneys shall be kept confidential and protected, in accordance with provisions of 40 RCNY § 1-09. Legal visits shall be permitted at least eight hours per day between 8 a.m. and 8 p.m. During business days, four (4) of those hours shall be 8 a.m. to 10 a.m., and 6 p.m. to 8 p.m. The Department shall maintain and post the schedule of legal visiting hours at each facility.
(4) Mail between people in custody and attorneys shall not be delayed, read, or interfered with in any manner, except as provided in 40 RCNY § 1-11.
(5) Telephone communications between people in custody and attorneys shall be kept confidential and protected, in accordance with the provisions of 40 RCNY § 1-10.
(d) Access to co-defendants. Upon reasonable request, regular visits shall be permitted between people awaiting trial and all of their co-defendants who consent to such visits. If any of the co-defendants are incarcerated, the Department may require that an attorney of record be present and teleconferencing shall be used, if available.
(e) Attorney assistants.
(1) Law students, legal paraprofessionals, and other attorney assistants working under the supervision of an attorney representing a person in custody shall be permitted to communicate with that person by mail, telephone and personal visits, to the same extent and under the same conditions that the attorney may do so for the purpose of representing the individual. Law students, legal paraprofessionals and other attorney assistants working under the supervision of an attorney contacted by a person in custody shall be permitted to communicate with that individual by mail, telephone, or personal visits to the same extent and under the same conditions that the attorney may do so.
(2) An attorney assistant may be required to present a letter of identification from the attorney to a designated official at the central office of the Department in order to obtain a facility pass. A pass shall not be denied based upon any of the reasons listed in 40 RCNY § 1-09(h)(1).
(3) The pass shall permit the assistant to perform the functions listed in subdivision (e) of this section. It may be revoked if specific acts committed by the legal assistant demonstrate the legal assistant's threat to the safety and security of a facility. This determination must be made pursuant to the procedural requirements of paragraphs (2), (4) and (5) of subdivision (h) of 40 RCNY § 1-09.
(f) Law libraries. Each facility shall maintain a properly equipped and staffed law library.
(1) The law library shall be located in a separate area sufficiently free of noise and activity and with sufficient space and lighting to permit sustained research.
(2) Each law library shall be open for a minimum of five (5) days per week including at least one (1) weekend day. On each day a law library is open:
(i) in facilities housing more than six hundred (600) people, each law library shall be operated for a minimum of ten (10) hours, of which at least eight (8) shall be during lock-out hours;
(ii) in facilities housing six hundred (600) or fewer people, each law library shall be operated for a minimum of eight (8) and a half hours, of which at least six (6) and a half shall be during lock-out hours;
(iii) in all facilities, the law library shall be operated for at least three (3) hours between 6 p.m. and 10 p.m.; and
(iv) the law library will be kept open for people's use on all holidays which fall on regular law library days except New Year's Day, July 4th, Thanksgiving, and Christmas. The law library may be closed on holidays other than those specified provided that law library services are provided on either of the two days of the same week the law library is usually closed. On holidays on which the law library is kept open, it shall operate for a minimum of eight (8) hours. No changes to law library schedules shall be made without written notice to the Board of Correction and shall be received at least five (5) business days before the planned change(s) is to be implemented.
(3) The law library schedule shall be arranged to provide access to people in custody during times of the day when other activities such as recreation, commissary, meals, school, sick call, etc., are not scheduled. Where such considerations cannot be made, people shall be afforded another opportunity to attend the law library at a later time during the day.
(4) Each person in custody shall be granted access to the law library for a period of at least two (2) hours per day on each day the law library is open. Upon request, extra time may be provided as needed, space and time permitting. In providing extra time, people who have an immediate need for additional time, such as people on trial and those with an impending court deadline shall be granted preference.
(5) Notwithstanding the provisions of paragraph (f)(4), people housed for medical reasons in the contagious disease units may be denied access to the law library. An alternative method of access to legal materials shall be instituted to permit effective legal research.
(6) The law library hours for people in restrictive housing as defined in 40 RCNY Chapter 6 may be reduced or eliminated, provided that an alternative method of access to legal materials is instituted to permit effective legal research.
(7) Legal research classes for people housed in general population shall be conducted at each facility on at least a quarterly basis. Legal research training materials shall be made available upon request to people in restrictive housing.
(8) The Department shall report annually to the Board detailing the resources available at the law library at each facility, including a list of titles and dates of all law books and periodicals and the number, qualifications and hours of English and Spanish-speaking legal assistants.
(g) Legal documents and supplies.
(1) Each law library shall contain necessary research and reference materials which shall be kept properly updated and supplemented and shall be replaced without undue delay when materials are missing or damaged.
(2) People in custody shall have reasonable access to typewriters, dedicated word processors, and photocopiers for the purpose of preparing legal documents. A sufficient number of operable typewriters, dedicated word processors, and photocopy machines will be provided for people's use.
(3) Legal clerical supplies, including pens, legal paper and pads shall be made available for purchase by people in custody. Such legal clerical supplies shall be provided to indigent individuals at Department expense.
(4) Unmarked legal forms which are commonly used by people in custody shall be made available. Each person shall be permitted to use or make copies of such forms for the person's use.
(h) Law library staffing.
(1) During all hours of operation, each law library shall be staffed with trained civilian legal coordinator(s) to assist people with the preparation of legal materials. Legal coordinator coverage shall be provided during extended absences of the regularly assigned legal coordinator(s).
(2) Each law library shall be staffed with an adequate number of permanently assigned correction officers knowledgeable of law library procedures.
(3) Spanish-speaking people in custody shall be provided assistance in use of the law library by employees fluent in the Spanish language on an as needed basis.
(i) Number of legal documents and research materials.
(1) People in custody shall be permitted to purchase and receive law books and other legal research materials from any source.
(2) Reasonable regulations governing the keeping of materials in cells and the searching of cells may be adopted, but under no circumstances may people's legal documents, books, and papers be read or confiscated by correctional personnel without a lawful warrant. Where the space in a cell is limited, an alternative method of safely storing legal materials elsewhere in the facility is required, provided that a person in custody shall have regular access to these materials.
(j) Limitation of access to law library.
(1) People in custody may be removed from the law library if they disrupt the orderly functioning of the law library or do not use the law library for its intended purposes.
(2) Any determination to limit a person's right of access to the law library shall be made in writing and shall state the specific facts and reasons underlying such determination. A copy of this determination, including the appeal procedure, shall be sent to the Board and to any person affected by the determination within one business day of the determination.
(3) An alternative method of access to legal materials shall be instituted to permit effective legal research for any person excluded from the law library. A legal coordinator shall visit any excluded person to determine his or her law library needs upon request.
(4) Any person affected by a determination made pursuant to this subdivision (j) may appeal such determination to the Board.
(i) The person affected by a determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(ii) The Department and any person affected by the determination may submit to the Board for its consideration any relevant material in addition to the written determination.
(iii) The Board or its designee shall issue a written decision upon the appeal within five (5) business days after receiving notice of the requested review.
(Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)