Skip to code content (skip section selection)
(a) For the purposes of this Chapter, "restrictive housing" means units where the Department houses people in custody separately from people housed in the general population, and:
(1) The out-of-cell time offered per day in the unit is less than fourteen (14) hours; or
(2) People in the unit are subject to one or more of the following conditions:
(i) Services mandated under other Chapters of the Minimum Standards are provided in a more restricted manner than they are provided to people housed in the general population. This would include, for example, the provision of law library services other than in a facility law library or religious services other than in a facility chapel.
(ii) A person is housed alone in the unit.
(iii) The physical design of the unit cannot accommodate more than four (4) people in custody congregating in a dayroom.
(b) For the purposes of this Chapter, the following terms related to restrictive housing have the following meanings:
(1) "Disciplinary hearing" means a hearing on an infraction with which a person in custody has been charged.
(2) "General population" or "general population housing" means all housing units that are not restrictive housing units, specialized medical units, or specialized mental health units as defined in this section
(3) "Grade I, II or III offense" means the degree of offense defined in 39 RCNY § 1-03, the Department of Correction Inmate Rule Book. Grade I is the most serious grade of offense.
(4) "Hearing Adjudicator" is a Department employee of the rank of Captain or above who presides at disciplinary hearings or placement review hearings of people in custody.
(5) "Housing area" or "housing unit" means facility housing, including common areas, used to house people in custody.
(6) "Infraction" means a violation of Department rules.
(7) "Intake" or "intake area" is an area designated by a facility to temporarily secure a person in custody while awaiting further assessment of the person for appropriate housing placement.
(8) "Legal Representative" is an attorney or layperson who works under the supervision of an attorney.
(9) "'M"' Designation" is a designation assigned pursuant to a settlement in Brad H. v. City of New York, if a person, during one incarceration event, has engaged with the mental health system at least three (3) times, has been prescribed certain classes of medication, or has otherwise been assessed by the Health Authority as needing further mental health treatment.
(10) "Mandated services" means services the Department is obligated to provide under the Board's Minimum Standards.
(11) "Pre-hearing detention" means the placement of a person in custody in RMAS Level 1 pending the investigation or adjudication of the person's disciplinary infraction.
(12) "PSEG" or "punitive segregation" means the placement of a person in custody in isolation for extended periods of time, separate and apart from the general population, pursuant to a disciplinary sanction imposed after a disciplinary hearing.
(13) "Restraints" mean any of the following devices: handcuffs, flex cuffs, waist restraint systems (consisting of a belt or chain around the waist to which the person hands may be chained or handcuffed); leg restraints (shackles applied on the ankle area); handcuff safety covers (protective devices that cover the locking mechanism of handcuffs to prevent tampering); protective mittens (protective tube-like mittens which cover the hands and are secured with handcuffs); gurneys (wheeled stretchers); four-point restraints (restraint that secure both arms and legs); five-point restraints (four-point restraint plus the application of an additional restraint across the chest, such as restraint chairs and the WRAP restraint device); and restraint desks (school-type desk surface and chair with ankle restraints).
(14) "Restorative Rehabilitation Unit" or "RRU", pursuant to 40 RCNY § 6-27, is a general population housing area of fifteen (15) or less people that offers enhanced programming, security, and therapeutic support for people stepping down from RMAS.
(15) "Restrictive status" means a status the Department assigns to people in custody who the Department determines require heightened identification, tracking, and/or monitoring for safety and security purposes.
(16) "Risk Management Accountability System" or "RMAS", pursuant to 40 RCNY § 6-08 through § 6-26, is a progression model that separates people from general population in response to their commission of an offense and holds them accountable through a swift, certain, fair, and transparent process. RMAS promotes prosocial behavior and progression through positive incentives as well as case management services, behavior support plans, and evidence-informed programming, tailored to the person's individual needs. RMAS includes Levels 1 and 2, with Level 1 being the most restrictive.
(17) "Specialized medical housing" are housing units for persons with medical conditions, including but not limited to infirmaries and contagious disease units (CDUs). Entry and discharge for specialized medical housing are determined by CHA according to clinical criteria.
(18) "Specialized mental health housing" are housing units for persons with serious mental illness, including but not limited to Program for Accelerating Clinical Effectiveness (PACE) units, and Clinical Alternatives to Punitive Segregation (CAPS) units. Entry and discharge are determined by CHA according to clinical criteria. Mental Observation (MO) units are not specialized mental health housing for purposes of this rule.
(19) "Steady" staff are officers that are regularly assigned to the same post.
(20) "Young adults" mean people in custody ages eighteen (18) through twenty-one (21).
(Added City Record 6/9/2021, eff. 7/9/2021)