Loading...
(a) Policy. All people in custody are entitled to receive personal visits of sufficient length and number. Maintaining personal connections with social and family networks and support systems is critical to improving outcomes both during confinement and upon reentry. Visitation with friends and family plays an instrumental role in a person's ability to maintain these connections and should therefore be encouraged and facilitated by the Department. Additionally, the Board recognizes that a person's family may not be limited to those related to the individual by blood or by legally-recognized bonds, such as marriage or adoption. Therefore, the term "family" as it is used in this subdivision should be construed broadly to reflect the diversity of familial structures and the wide variety of relationships that may closely connect a person in custody to others. This should include, for example, but may not be limited to: romantic partners; godparents and godchildren; current and former step-parents, children, and siblings; and those connected to the individual through current or former domestic partnerships, foster arrangements, civil unions, or cohabitation.
(b) Visiting and waiting areas.
(1) A visiting area of sufficient size to meet the requirements of this section shall be established and maintained in each facility.
(2) The visiting area shall be designed so as to allow physical contact between people in custody and their visitors as required by subdivision (f) of this section.
(3) The Department shall make every effort to minimize the waiting time prior to a visit. Visitors shall not be required to wait outside a facility unless adequate shelter is provided and the requirements of paragraph (b)(4) of this section are met.
(4) All waiting and visiting areas shall provide for at least minimal comforts for visitors, including but not limited to:
(i) sufficient seats for all visitors;
(ii) access to bathroom facilities and drinking water throughout the waiting and visiting periods;
(iii) access to vending machines for beverages and foodstuffs at some point during the waiting or visiting period; and
(iv) access to a Spanish-speaking employee or volunteer at some point during the waiting or visiting period. All visiting rules, regulations, and hours shall be clearly posted in English and Spanish in the waiting and visiting areas at each facility.
(5) The Department shall make every effort to utilize outdoor areas for visits during the warm weather months.
(c) Visiting schedule.
(1) Visiting hours may be varied to fit the schedules of individual facilities but must meet the following minimum requirements for people awaiting trial:
(i) Monday through Friday. Visiting shall be permitted on at least three (3) days for at least three (3) consecutive hours between 9 a.m. and 5 p.m. Visiting shall be permitted on at least two (2) evenings for at least three (3) consecutive hours between 6 p.m. and 10 p.m.
(ii) Saturday and Sunday. Visiting shall be permitted on both days for at least five (5) consecutive hours between 9 a.m. and 8 p.m.
(2) Visiting hours may be varied to fit the schedules of individual facilities but must meet the following minimum requirements for sentenced individuals:
(i) Monday through Friday. Visiting shall be permitted on at least one (1) evening for at least three (3) consecutive hours between 6 p.m. and 10 p.m.
(ii) Saturday and Sunday. Visiting shall be permitted on both days for at least five (5) consecutive hours between 9 a.m. and 8 p.m.
(3) The visiting schedule of each facility shall be available by contacting either the central office of the Department or the facility.
(4) Visits shall last at least one (1) hour. This time period shall not begin until the person in custody and visitor meet in the visiting room.
(5) Sentenced individuals are entitled to at least two (2) visits per week with at least one (1) on an evening or the weekend, as the sentenced individual wishes. People awaiting trial are entitled to at least three (3) visits per week with at least one (1) on an evening or the weekend, as the person wishes. Visits by properly identified persons providing services or assistance, including lawyers, doctors, religious advisors, public officials, therapists, counselors, and media representatives, shall not count against this number.
(6) There shall be no limit to the number of visits by a particular visitor or category of visitors.
(7) In addition to the minimum number of visits required by paragraphs (1), (2) and (5) of this subdivision, additional visitation shall be provided in cases involving special necessity, including but not limited to, emergency situations and situations involving lengthy travel time.
(8) People in custody shall be permitted to visit with at least three (3) visitors at the same time, with the maximum number to be determined by the facility.
(9) Visitors shall be permitted to visit with at least two (2) people in custody at the same time, with the maximum number to be determined by the facility.
(10) If necessitated by lack of space, a facility may limit the total number of persons in any group of visitors and people in custody to four (4). Such a limitation shall be waived in cases involving special necessity, including but not limited to, emergency situations and situations involving lengthy travel time.
(d) Initial visit.
(1) People awaiting trial shall be entitled to receive a non-contact visit within twenty-four (24) hours of their admission to the facility.
(2) If a visiting period scheduled pursuant to paragraph (c)(1) of this section is not available within twenty-four (24) hours after a person awaiting trial's admission, arrangements shall be made to ensure that the initial visit required by this subdivision is made available.
(e) Visitor identification and registration.
(1) Consistent with the requirements of this subdivision, any properly identified person shall, with the individual in custody's consent, be permitted to visit that individual.
(i) Prior to a visit, a person in custody shall be informed of the identity of the prospective visitor.
(ii) A refusal by a person in custody to meet with a particular visitor shall not affect that person's right to meet with any other visitor during that period, nor that person's right to meet with the refused visitor during subsequent periods.
(2) Visitors shall be required to enter in the facility visitors log:
(i) their name;
(ii) their address;
(iii) the date;
(iv) the time of entry;
(v) the name of the individual or individuals to be visited; and
(vi) the time of exit.
(3) Any prospective visitors who under sixteen (16) years of age shall be required to enter, or have entered on their behalf, in the facility visitors log:
(i) the information required by paragraph (2) of this subdivision;
(ii) their age; and
(iii) the name, address, and telephone number of their parent or legal guardian.
(4) The visitors log shall be confidential, and information contained therein shall not be read by or revealed to non-Department staff except as provided by the City Charter or pursuant to a specific request by an official law enforcement agency. The Department shall maintain a record of all such requests with detailed and complete descriptions.
(5) Prior to visiting a person in custody, a prospective visitor under sixteen (16) years of age may be required to be accompanied by a person eighteen (18) years of age or older, and to produce oral or written permission from a parent or legal guardian approving such visit.
(6) The Department may adopt alternative procedures for visiting by persons under sixteen (16) years of age. Such procedures must be consistent with the policy of paragraph (e)(5) of this subdivision and shall be submitted to the Board for approval.
(f) Contact visits. Physical contact shall be permitted between all people in custody and all of their visitors. Permitted physical contact shall include a brief embrace and kiss between the person in custody and visitor at both the beginning and end of the visitation period. People in custody shall be permitted to hold children in their family who are ages fourteen (14) and younger throughout the visitation period, provided that the Department may limit a person in custody to holding one child at a time. Additionally, people in custody shall be permitted to hold hands with their visitors throughout the visitation period, which the Department may limit to holding hands over a partition that is no greater than six (6) inches. The provisions of this subdivision are inapplicable to individuals housed for medical reasons in the contagious disease units. The Department may impose certain limitations on contact visits for people confined in restrictive housing in accordance with the procedures and guidelines set forth in 40 RCNY § 6-17(f).
(g) Visiting security and supervision.
(1) All people in custody, prior and subsequent to each visit, may be searched solely to ensure that they do not possess any contraband.
(2) All prospective visitors may be searched prior to a visit solely to ensure that they do not possess any contraband.
(3) Any body search of a prospective visitor made pursuant to paragraph (2) of this subdivision shall be conducted only through the use of electronic detection devices. Nothing contained herein shall affect any authority possessed by correctional personnel pursuant to statute.
(4) Objects possessed by a prospective visitor, including but not limited to, handbags or packages, may be searched or checked. Personal effects, including wedding rings and religious medals and clothing, may be worn by visitors during a visit. The Department may require a prospective visitor to secure in a lockable locker his or her personal property, including but not limited to bags, outerwear and electronic devices. A visit may not be delayed or denied because an operable, lockable locker is not available.
(5) Supervision shall be provided during visits solely to ensure that the safety or security of the facility is maintained.
(6) Visits shall not be listened to or monitored unless a lawful warrant is obtained, although visual supervision should be maintained.
(h) Restrictions on visitation rights.
(1) The visitation rights of a person in custody with a particular visitor may be denied, revoked or limited only when it is determined that the exercise of those rights constitutes a serious threat to the safety or security of a facility, provided that visitation rights with a particular visitor may be denied only if revoking the right to contact visits would not suffice to reduce the serious threat. This determination must be based on specific acts committed by the visitor during a prior visit to a facility that demonstrate the visitor's threat to the safety and security of a facility, or on specific information received and verified that the visitor plans to engage in acts during the next visit that will be a threat to the safety or security of the facility. Prior to any determination, the visitor must be provided with written notification of the specific charges and the names and statements of the charging parties and be afforded an opportunity to respond. The name of an informant may be withheld if necessary to protect the informant's safety.
(2) A person in custody's right to contact visits as provided in subdivision (f) of this section may be denied, revoked, or limited only when it is determined that such visits constitute a serious threat to the safety or security of a facility. Should a determination be made to deny, revoke or limit a person's right to contact visits in the usual manner, alternative arrangements for affording the individual the requisite number of visits shall be made, including, but not limited to, non-contact visits. This determination must be based on specific acts committed by the person while in custody under the present charge or sentence that demonstrate the person's threat to the safety and security of a facility, or on specific information received and verified that the individual plans to engage in acts during the next visit that will be a threat to the safety or security of the facility. Prior to any determination, the person must be provided with written notification of the specific charges and the names and statements of the charging parties and be afforded an opportunity to respond. The name of an informant may be withheld if necessary to protect the informant's safety.
(3) Restrictions on visitation rights must be tailored to the threat posed by the person in custody or prospective visitor and shall go no further than what is necessary to address that threat.
(4) Visitation rights shall not be denied, revoked, limited or interfered with based on a person in custody's or a prospective visitor's actual or perceived:
(i) sex;
(ii) sexual orientation;
(iii) race;
(iv) age, except as otherwise provided in this section;
(v) nationality;
(vi) political beliefs;
(vii) religion;
(viii) criminal record;
(ix) pending criminal or civil case;
(x) lack of family relationship;
(xi) gender, including gender identity, self-image, appearance, behavior or expression; or
(xii) disability
(5) Any determination to deny, revoke or limit a person in custody's visitation rights pursuant to paragraphs (1) and (2) of this subdivision shall be in writing and shall state the specific facts and reasons underlying such determination. A copy of this determination, including a description of the appeal procedure, shall be sent to the Board and to any person affected by the determination within twenty-four (24) hours of the determination.
(i) Appeal procedure for visitation restrictions.
(1) Any person affected by the Department's determination to deny, revoke or limit access to visitation may appeal such determination to the Board, in accordance with the following procedures:
(i) The person affected by the determination shall give notice in writing to the Board and the Department of 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, indicating whether the visitation determination has been affirmed, reversed, or modified.
(iv) Where there exists good cause to extend the time period in which the Board or designee may issue a written decision beyond five (5) business days, the Board or designee may issue a single extension not to exceed ten (10) business days. In such instances, the Board shall immediately notify the Department and any persons affected by the extension.
(Amended City Record 12/24/2015, eff. 1/23/2016; amended City Record 6/9/2021, eff. 7/9/202; amended City Record 6/28/2024, eff. 7/28/2024)
(a) Policy. Prisoners are entitled to make periodic telephone calls. A sufficient number of telephones to meet the requirements of this section shall be installed in the housing areas of each facility.
(b) Initial telephone call. Upon admission to a facility, each detainee shall be permitted to make one completed local telephone call at Department expense. Requests to make additional telephone calls upon admission shall be decided by the facility. Long distance telephone calls shall be made collect, although arrangements may be made to permit the prisoner to bear the cost of such calls.
(c) Detainee telephone calls. Detainees shall be permitted to make a minimum of one telephone call each day. Three calls each week shall be provided to indigent detainees at Department expense if made within New York City. Long distance telephone calls shall be made collect or at the expense of the detainee.
(d) Sentenced prisoner telephone calls. Sentenced prisoners shall be permitted to make a minimum of two telephone calls each week. These calls shall be provided to indigent sentenced prisoners at Department expense if made within New York City. Long distance telephone calls shall be made collect or at the expense of the sentenced prisoner.
(e) Duration of telephone calls. The Department shall allow telephone calls of at least six minutes in duration.
(f) Scheduling of telephone calls. In meeting the requirements of subdivisions (c) and (d) of this section, telephone calls shall be permitted during all lock-out periods. Telephone calls of an emergency nature shall be made at any reasonable time.
(g) Incoming telephone calls.
(1) A prisoner shall be permitted to receive incoming telephone calls of an emergency nature, or a message shall be taken and the prisoner permitted to return the call as soon as possible.
(2) A prisoner shall be permitted to receive incoming telephone calls from his or her attorney of record in a pending civil or criminal proceeding, or a message shall be taken and the prisoner permitted to return the call as soon as possible. Such calls must pertain to the pending proceeding.
(h) Supervision of telephone calls. Upon implementation of appropriate procedures, prisoner telephone calls may be listened to or monitored only when legally sufficient notice has been given to the prisoners. Telephone calls to the Board of Correction, Inspector General and other monitoring bodies, as well as to treating physicians and clinicians, attorneys and clergy shall not be listened to or monitored.
(i) Limitation on telephone rights.
(1) The telephone rights of any prisoner may be limited only when it is determined that the exercise of those rights constitutes a threat to the safety or security of the facility or an abuse of written telephone regulations previously known to the prisoner.
(i) This determination must be based on specific acts committed by the prisoner during the exercise of telephone rights that demonstrate such a threat or abuse. Prior to any determination, the prisoner must be provided with written notification of specific charges and the names and statements of the charging parties, and be afforded an opportunity to respond. The name of an informant may be withheld if necessary to protect his or her safety.
(ii) Any determination to limit a prisoner's telephone rights shall be made in writing and state 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 24 hours of the determination.
(2) The telephone rights provided in subdivisions (c) and (d) of this section may be limited for prisoners in punitive segregation, provided that such persons shall be permitted to make a minimum of one telephone call each week.
(j) Appeal. Any person affected by a determination made pursuant to this subdivision may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within five business days after receiving notice of the requested review.
(a) Policy. People in custody are entitled to correspond with any person, except when there is a reasonable belief that limitation is necessary to protect public safety or maintain facility order and security. The Department shall establish appropriate procedures to implement this policy. Correspondence shall not be deemed to constitute a threat to safety and security of a facility solely because it criticizes a facility, its staff, or the correctional system, or espouses unpopular ideas, including ideas that facility staff deem not conducive to rehabilitation or correctional treatment. The Department shall provide notice of this policy to all people in custody.
(b) Number and language.
(1) There shall be no restriction upon incoming or outgoing correspondence based upon either the amount of correspondence sent or received, or the language in which correspondence is written.
(2) If a person in custody is unable to read or write, he or she may receive assistance with correspondence from other persons, including but not limited to, facility employees and people in custody.
(c) Outgoing correspondence.
(1) Each facility shall make available to indigent people in custody at Department expense stationery and postage for all letters to attorneys, courts and public officials, as well as two (2) other letters each week.
(2) Each facility shall make available for purchase by people in custody both stationery and postage.
(3) Outgoing correspondence shall bear the sender's name and either the facility post office box or street address or the sender's home address in the upper left-hand corner of the envelope.
(4) Outgoing correspondence shall be sealed by the sender and deposited in locked mail receptacles.
(5) All outgoing correspondence shall be forwarded to the United States Postal Service at least once each business day.
(6) Outgoing non-privileged correspondence shall not be opened or read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(i) The warden's written order shall state the specific facts and reasons supporting the determination.
(ii) The affected sender shall be given written notification of the determination and the specific facts and reasons supporting it. The warden may delay notifying the sender only for so long as such notification would endanger the safety and security of the facility, after which the warden immediately shall notify the person.
(iii) A written record of correspondence read pursuant to this paragraph shall be maintained and shall include: the name of the person in custody, the name of the intended recipient, the name of the reader, the date the correspondence was read, and the date that the person received notification.
(iv) Any action taken pursuant to this paragraph shall be completed within five (5) business days of receipt of the correspondence by the Department.
(7) Outgoing privileged correspondence shall not be opened or read except pursuant to a lawful search warrant.
(d) Incoming correspondence.
(1) Incoming correspondence shall be delivered to the intended recipient within forty-eight (48) hours of receipt by the Department unless the recipient is no longer in custody of the Department.
(2) A list of items that may be received in correspondence shall be established by the Department. Upon admission to a facility, people shall be provided a copy of this list or it shall be posted in each housing area.
(e) Inspection of incoming correspondence.
(1) Incoming non-privileged correspondence:
(i) shall not be opened except in the presence of the intended recipient or pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(A) The warden's written order shall state the specific facts and reasons supporting the determination.
(B) The affected recipient and sender shall be given written notification of the warden's determination and the specific facts and reasons supporting it. The warden may delay notifying the recipient and the sender only for so long as such notification would endanger the safety or security of the facility, after which the warden immediately shall notify the recipient and sender.
(C) A written record of correspondence read pursuant to this subdivision shall be maintained and shall include: the name of the sender, the name of the intended recipient in custody, the name of the reader, the date that the correspondence was received and was read, and the date that the recipient and sender received notification.
(D) Any action taken pursuant to this subdivision shall be completed within five (5) business days of receipt of the correspondence by the Department.
(ii) shall not be read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public. Procedures for the warden's written order pursuant to this subdivision are set forth in paragraph (1) of this subdivision.
(2) Incoming correspondence may be manipulated or inspected without opening, and subjected to any non-intrusive devices. A letter may be held for an extra twenty-four (24) hours pending resolution of a search warrant application.
(3) Incoming privileged correspondence shall not be opened except in the presence of the recipient in custody or pursuant to a lawful search warrant. Incoming privileged correspondence shall not be read except pursuant to a lawful search warrant.
(f) Prohibited items in incoming correspondence.
(1) When an item found in incoming correspondence involves a criminal offense, it may be forwarded to the appropriate authority for possible criminal prosecution. In such situations, the notice required by paragraph (3) of this subdivision may be delayed if necessary to prevent interference with an ongoing criminal investigation.
(2) A prohibited item found in incoming correspondence that does not involve a criminal offense shall be returned to the sender, donated or destroyed, as the recipient wishes.
(3) Within twenty-four (24) hours of the removal of an item, the Board and the intended recipient shall be sent written notification of this action. This written notice shall include:
(i) the name and address of the sender;
(ii) the item removed;
(iii) the reasons for removal;
(iv) the choice provided by paragraph (2) of this subdivision; and
(v) the appeal procedure.
(4) After removal of an item, the incoming correspondence shall be forwarded to the intended recipient.
(g) Appeal. Any person affected by the determination to remove an item from correspondence may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within 14 business days after receiving notice of the requested review.
(Amended City Record 6/9/2021, eff. 7/9/2021)
(a) Policy. Prisoners shall be permitted to receive packages from, and send packages to, any person, except when there is reasonable belief that limitation is necessary to protect public safety or maintain facility order and security.
(b) Number. The Department may impose reasonable restrictions on the number of packages sent or received.
(c) Outgoing packages. The costs incurred in sending outgoing packages shall be borne by the prisoner.
(d) Incoming packages.
(1) Incoming packages shall be delivered within 72 hours of receipt by the Department, unless the intended inmate is no longer in custody of the Department.
(2) Packages may be personally delivered to a facility during visiting hours.
(3) Upon admission to a facility, prisoners shall be provided with a copy of a list of items that may be received in packages or this list shall be posted in each housing area.
(e) Inspection of incoming packages.
(1) Incoming packages may be opened and inspected.
(2) Correspondence enclosed in incoming packages may not be opened or read except pursuant to the procedures set forth in subdivision (e) of 40 RCNY § 1-11.
(f) Prohibited items in incoming packages.
(1) When an item found in an incoming package involves a criminal offense, it may be forwarded to the appropriate authority for possible criminal prosecution. In such situations, the notice required by paragraph (3) of this subdivision may be delayed if necessary to prevent interference with an ongoing criminal investigation.
(2) A prohibited item found in an incoming package that does not involve a criminal offense shall be returned to the sender, donated or destroyed, as the prisoner wishes.
(3) Within 24 hours of the removal of an item, the Board and the intended prisoner shall be sent written notification of this action. This written notice shall include:
(i) the name and address of the sender;
(ii) the item removed;
(iii) the reasons for removal;
(iv) the choice provided by paragraph (2) of this subdivision; and
(v) the appeal procedure.
(4) After removal of an item, all other items in the package shall be forwarded to the intended prisoner.
(g) Appeal. Any person affected by the determination to remove an item from an incoming package may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within 14 business days after receiving notice of the requested review.
(Amended City Record 12/24/2015, eff. 1/23/2016)
(a) Policy. Prisoners are entitled to receive new or used publications from any source, including family, friends and publishers, except when there is substantial belief that limitation is necessary to protect public safety or maintain facility order and security. "Publications" are printed materials including soft and hardcover books, articles, magazines and newspapers.
(b) Number and language. There shall be no restriction upon the receipt of publications based upon the number of publications previously received by the prisoner, or the language of the publication.
(c) Incoming publications.
(1) Incoming publications shall be delivered to the intended prisoner within 48 hours of receipt by the Department unless the prisoner is no longer in custody of the Department.
(2) Incoming publications may be opened and inspected pursuant to the procedures applicable to incoming packages.
(3) Incoming publications shall not be censored or delayed unless they contain specific instructions on the manufacture or use of dangerous weapons or explosives, plans for escape, or other material that may compromise the safety and security of the facility.
(4) Incoming publications shall only be read to ascertain if they contain material prohibited by paragraph (3) of this subdivision.
(5) Within 24 hours of a decision to censor or delay all or part of an incoming publication, the Board and the intended prisoner shall be sent written notification of such action. This notice shall include the specific facts and reasons underlying the determination and the appeal procedure.
(d) Appeal. Any person affected by a determination made pursuant to paragraph (c)(3) of this section may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within five business days after receiving notice of the requested review.
(a) Policy. Prisoners are entitled to access to the media. "Media" means any printed or electronic means of conveying information to any portion of the public and shall include, but is not limited to newspapers, magazines, books or other publications, and licensed radio and television stations.
(b) Media interviews.
(1) Properly identified media representatives shall be entitled to interview any prisoner who consents to such an interview. "Properly identified media representative" means any person who presents proof of his or her affiliation with the media.
(2) The prisoner's consent must be in writing on a form that includes the following information in Spanish and English:
(i) the name and organization of the media representative;
(ii) notification to the prisoner that statements made to the media representative may be detrimental to the prisoner in future administrative or judicial proceedings;
(iii) notification to the prisoner that he or she is not obligated to speak to the media representative; and
(iv) notification to the prisoner that he or she may postpone the media interview in order to consult with an attorney or any other person.
(3) The Department may require the consent of an attorney of record prior to scheduling a media interview with a detainee undergoing examination for competency pursuant to court order.
(4) The Department may require the consent of an attorney of record or a parent or legal guardian prior to scheduling a media interview with a prisoner under 18 years of age.
(5) The name of the Department's media contact shall be published. Media representatives shall direct requests for interviews to this person.
(6) Interviews shall be scheduled promptly by the Department but not later than 24 hours from a request made between 8 a.m. and 4 p.m. The 24-hour period may be extended if necessitated by the prisoner's absence from the facility.
(c) Limitation of media interviews.
(1) The Department may deny, revoke or limit a media interview with a media representative or a prisoner only if it is determined that such interview constitutes a threat to the safety or security of the facility.
(2) This determination must be based on specific acts committed by the media representative or by the prisoner during a prior visit that demonstrate his or her threat to the safety and security of the facility. Prior to any determination, the media representative or the prisoner must be provided with written notification of the specific charges and the names and statements of the charging parties, and be afforded an opportunity to respond.
(3) Any determination made pursuant to paragraph (1) of this subdivision 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 24 hours of the determination.
(4) Any person affected by a determination made pursuant to this subdivision may appeal such determination to the Board.
(i) The person affected by the 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 business days after it has received notice of the requested review.
(a) Policy. The Department may apply for a variance from a specific subdivision or section of these minimum standards when compliance cannot be achieved or continued. A "limited variance" is an exemption granted by the Board from full compliance with a particular subdivision or section for a specified period of time. A "continuing variance" is an exemption granted by the Board from full compliance with a particular subdivision or section for an indefinite period of time. An "emergency variance" as defined in paragraph (b)(3) of this section is an exemption granted by the Board from full compliance with a particular subdivision or section for no more than 30 days.
(b) Limited, continuing and emergency variances.
(1) The Department may apply to the Board for a variance when:
(i) despite its best efforts, and the best efforts of other New York City officials and agencies, full compliance with the subdivision or section cannot be achieved, or
(ii) compliance is to be achieved for a limited period in a manner other than specified in the subdivision or section.
(2) The Department may apply to the Board for a continuing variance when despite its best efforts and the best efforts of other New York City officials and agencies compliance cannot be achieved in the foreseeable future because:
(i) full compliance with a specific subdivision or section would create extreme practical difficulties as a result of circumstances unique to a particular facility, and lack of full compliance would not create a danger or undue hardship to staff or prisoners; or
(ii) compliance is to be achieved in an alternative manner sufficient to meet the intent of the subdivision or section.
(3) The Department may apply to the Board for an emergency variance when an emergency situation prevents continued compliance with the subdivision or section. An emergency variance for a period of less than 24 hours may be declared by the Department when an emergency situation prevents continued compliance with a particular subdivision or section. The Board or its designee shall be immediately notified of the emergency situation and the variance declaration.
(c) Variance application.
(1) An application for a variance must be made in writing to the Board by the Commissioner of the Department as soon as a determination is made that continued compliance will not be possible and shall state:
(i) the type of variance requested;
(ii) the particular subdivision or section at issue;
(iii) the requested commencement date of the variance;
(iv) the efforts undertaken by the Department to achieve compliance by the effective date;
(v) the specific facts or reasons making full compliance impossible, and when those facts and reasons became apparent;
(vi) the specific plans, projections and timetables for achieving full compliance;
(vii) the specific plans for serving the purpose of the subdivision or section for the period that strict compliance is not possible; and
(viii) if the application is for a limited variance, the time period for which the variance is requested, provided that this shall be no more than six months.
(2) In addition to the provisions of paragraph (1) of this subdivision, an application for a continuing variance shall state:
(i) the specific facts and reasons underlying the impracticability or impossibility of compliance within the foreseeable future, and when those facts and reasons become apparent, and
(ii) the degree of compliance achieved, and the Department's efforts to mitigate any possible danger or hardships attributable to the lack of full compliance; or
(iii) a description of the specific plans for achieving compliance in an alternative manner sufficient to meet the intent of the subdivision or section.
(3) In addition to the requirements of paragraph (1) of this subdivision, an application for an emergency variance for a period of 24 hours or more, (or for renewal of an emergency variance) shall state:
(i) the particular subdivision or section at issue;
(ii) the specific facts or reasons making continued compliance impossible, and when those facts and reasons became apparent;
(iii) the specific plans, projections and timetables for achieving full compliance; and
(iv) the time period for which the variance is requested, provided that this shall be no more than thirty days.
(d) Variance procedure for limited and continuing variance.
(1) Prior to a decision on an application for a limited or continuing variance, the Board shall consider the position of all interested parties, including correctional employees, prisoners and their representatives, other public officials and legal, religious and community organizations.
(2) Whenever practicable, the Board shall hold a public meeting or hearing on the variance application, and hear testimony from all interested parties.
(3) The Board's decision on a variance application shall be in writing.
(4) Interested parties shall be notified of the Board's decision as soon as practicable, and no later than 5 business days after the decision is made.
(e) Granting of variance.
(1) The Board shall grant a variance only if it is presented with convincing evidence that the variance is necessary and justified.
(2) Upon granting a variance, the Board shall state:
(i) the type of variance
(ii) the date on which the variance will commence
(iii) the time period of the variance, if any, and
(iv) any requirements imposed as conditions on the variance.
(f) Renewal and review of variance.
(1) An application for a renewal of a limited or emergency variance shall be treated in the same manner as an original application as provided in subdivisions (b), (c), (d) and (e) of this section. The Board shall not grant renewal of a variance unless it finds that, in addition to the requirements for approving an original application, a good faith effort has been made to comply with the subdivision or section within the previously prescribed time limitation, and that the requirements set by the Board as conditions on the original variance have been met.
(2) A petition for review of a continuing variance may be made upon the Board's own motion or by the Department, correctional employees, prisoners or their representatives. Upon receipt of a petition, the Board shall review and re-evaluate the continuing necessity and justification for the continuing variance. Such review shall be conducted in the same manner as the original application as provided in subdivisions (b), (c), (d) and (e) of this section. The Board will review all the facts and consider the positions of all interested parties. The Board will discontinue the variance, if after such review and consideration, it determines that:
(i) full compliance with the standard now can be achieved; or
(ii) requirements imposed as conditions upon which the continuing variance was granted have not been fulfilled or maintained; or
(iii) there is no longer compliance with the intent of the subdivision or section in an alternative manner as required by subparagraph (b)(2)(ii) of this section.
(3) The Board shall specify in writing and publicize the facts and reasons for its decision on an application for renewal or review of a variance. The Board's decision must comply with the requirements of subdivision (e) of this section, and, in the case of limited and continuing variances, paragraphs (d)(3) and (4) of this section. Where appropriate, the Board shall set an effective date for discontinuance of a continuing variance after consultation with all interested parties.
(4) The Board shall not grant more than two consecutive renewals of emergency variances.
Loading...