(a) Purpose. The purpose of the RRU is to enable the Department to operate a general population setting with programming and therapeutic support for people in custody who request placement in RRU following their discharge from restrictive housing. Placement in RRU is voluntary.
(b) Case Management, Individual Support Plans, and Periodic Reviews.
(1) People who choose to step down to a RRU from restrictive housing shall, to the extent practicable, retain the same case manager assigned to them in restrictive housing.
(2) People who choose to step down to a RRU from restrictive housing shall continue with the same individual behavior support plan designed for them in restrictive housing, and their assigned multidisciplinary team shall continue to conduct periodic reviews as set forth in 40 RCNY § 6-14 every fifteen (15) days to assess progress with the plan, make any necessary adjustments to the plan, or modify programming recommendations.
(3) Following a periodic review, the multidisciplinary team can recommend to the facility head that someone be moved out of a RRU to a regular general population housing area if such transfer would be advisable.
(4) A person in custody can request to be discharged from a RRU at any point during their placement and shall be discharged to general population upon such request.
(c) Conditions.
(1) RRUs must afford identical services and out-of-cell time as are afforded to the rest of the general population.
(2) RRUs must be located in cell housing units that share the same physical characteristics as standard general population cell housing areas (e.g., a congregate dayroom).
(3) To promote enhanced safety and supervision, an RRU shall not house more than fifteen (15) people at one time.
(d) Staffing and Training.
(1) The Department shall endeavor to staff the RRUs with as many steady officers as possible. The Department shall also strive for a significantly higher staff-to-person-in-custody ratio in the RRUs than in standard general population units.
(2) Security staff assigned to RRUs shall receive training designed to address the unique characteristics and operations of these units and the people in custody who are housed in these units. Such training shall include, but not be limited to recognition and understanding of mental illness and distress, effective communication skills, and conflict de-escalation techniques.
(3) Security staff assigned to RRUs housing young adults shall receive specialized training for managing and understanding young adult populations, including crisis intervention, conflict resolution, and trauma-informed training.
(e) Programming.
(1) The Department shall offer at least six (6) hours of daily programming to people who step down to the RRU from restrictive housing, in addition to one (1) hour of daily recreation. Meals, showers, and sick call shall not count towards the six (6) hour daily programming requirement.
(2) At least three (3) of the six (6) hours of daily programming required under 40 RCNY § 6-26(e)(1) must be offered in a congregate setting and shall be led by therapeutic or programming staff.
(f) Data Collection and Review.
(1) The Department shall maintain and update as necessary a list of the type and specific location of all RRU units, including which RRUs contain individuals who have stepped down from restrictive housing. The list shall include the opening and closing dates of all such units. The Department shall provide this list to the Board on at least a monthly basis and notify the Board in writing when any new RRU units open or close.
(2) The Department shall maintain and develop the system(s) necessary to collect accurate, uniform data on RRUs and the requirements of 40 RCNY Subchapter F and to centrally store related documentation, in a manner that may be analyzed electronically by the Board.
(3) The Department shall provide the Board with a monthly public report with information on RRUs, including but not limited to the following information for the Adult and Young adult populations:
(i) Facility and housing unit locations for each RRU unit;
(ii) Number of placements and unique people who requested to be placed in RRU following discharge from restrictive housing, the number of unique people who were discharged from restrictive housing and did not opt in for RRU placement, and the number of unique people who requested to be placed in RRU following discharge from restrictive housing but were not placed in RRU, including the reason why they were not placed in RRU;
(iii) The average daily population, and the number of adults and young adults currently housed in RRU as of the last day of the reporting period;
(iv) Average staff-to-person in custody ratios in each RRU unit operating during the reporting period;
(v) Number of exits of people from RRU during the reporting period and their cumulative and consecutive days in RRU during current incarceration (i.e., minimum, maximum, mean, median days) and for each exit;
(vi) Number of people in RRU as of the last day of the reporting period and their cumulative and consecutive days in the RRU (i.e., minimum, maximum, mean, median days);
(vii) The number of periodic reviews required and conducted by whether people attended their review, and whether any modifications were made to a person’s individual behavior support plan;
(viii) The number of people who requested to be discharged from RRU as of the last day of the reporting period and the total number of days each person spent in the RRU;
(ix) Any other information the Department or the Board deems relevant to understanding the Department’s use of RRU.
(g) On a monthly basis, the Department shall provide the Board with the individually identified data used to create the monthly public report required by 40 RCNY § 6-26(f)(3) and all supporting documentation including but not limited to RRU placement, review, and IBSP documentation.
(h) The Board and the Department shall jointly develop the reporting templates for the public report required by 40 RCNY § 6-26(f)(3).
(Added City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)