(a) Introduction. This section sets forth the behavior that is prohibited in Department of Correction ("Department") facilities. The grade of each offense is listed. The acts of conspiracy, attempt, and accessory will be punishable to the same degree as the actual offense involved.
(b) Definitions.
"Accessory" shall mean assisting in any way in the violation of a Department rule, before, during or after such violation.
"Any person" shall include, but not be limited to, uniformed and civilian Department staff, medical staff, contractors and their employees, volunteers, visitors and inmates.
"Attempt" shall mean any act that is intended to and tends to lead to a violation of a Department rule.
"Contraband" shall mean any item that is not sold in the commissary, that is not on the approved list of permissible items, that is possessed in more than the approved amount, or that the inmate does not have permission to possess. Contraband includes items that may disrupt the safety, security, good order and discipline of the facility. Any item that is illegal for an individual not on Department property to possess is also illegal to use or possess on Department property. Possession of contraband may subject an inmate to criminal prosecution as well as disciplinary action. Any person who tries to introduce contraband into a facility may also be subject to criminal prosecution.
"Conspiracy" shall mean an agreement between one or more persons to violate a Department rule.
"Department ID" shall mean any form of Department-issued tag, card, wristband, or other object that serves to identify an inmate.
"Good Time" shall mean a discretionary reduction of up to one third of the term of commitment for a definite sentence or certain civil commitments, as allowed by the New York State Correction Law.
"Security Risk Group" shall mean persons such as gang members, intended or actual contraband recipients, and weapons carriers or users, whose actions violate laws or established rules of conduct, or persons who belong to groups whose purpose is antithetical to established law enforcement authority.
"Sexual abuse" means sexual abuse as defined in the Prison Rape Elimination Act.
"Sexually explicit material" is any printed or displayed material that shows the frontal and or rear nudity of any person, including but not limited to: the fully exposed female breast(s) and/or the genitalia of any gender; sexual excitement; sexual conduct, sexual intercourse; or sadomasochistic abuse.
"Staff" shall include, but not be limited to, uniformed and civilian Department staff, medical staff, contractors and their employees or volunteers.
"Unauthorized group" shall mean five or more inmates remaining in close physical proximity to each other when not authorized to do so by Department personnel.
(c) Prohibited conduct. An inmate who violates a rule listed in any subsection of 39 RCNY § 1-03(c) as a "Grade I" offense shall be guilty of the stated Grade I offense; an inmate who violates a rule listed in any subsection of 39 RCNY § 1-03(c) as a "Grade II" offense shall be guilty of the stated Grade II offense; and an inmate who violates a rule listed in any subsection of 39 RCNY § 1-03(c) as a "Grade III" offense shall be guilty of the stated Grade III offense.
(1) Arson (setting fires)
Grade I:
100.10. An inmate is guilty of arson when he or she intentionally starts or attempts to start any fire or causes or attempts to cause any explosion.
(2) Assault and Fighting
Grade I:
101.10. An inmate is guilty of assault on staff when he or she injures or attempts to injure any staff member, or when he or she spits on or throws any object or substance at any staff member. Assault or attempted assault on staff is always a Grade I offense.
101.11: An inmate is guilty of Grade I assault when he or she injures any other person, or when he or she spits on or throws any object or substance at any other person.
101.12: An inmate is guilty of Grade I assault on an inmate when he or she injures any other inmate, or when he or she spits on or throws any object or substance at any other inmate.
101.13: An inmate is guilty of assault with a weapon when he or she uses any item to assault or attempt to assault any person.
101.14: An inmate is guilty of Grade I fighting when he or she engages in a physical struggle with another inmate that results in injury to any person.
101.15: An inmate is guilty of the Grade I offense of Gang Assault on an inmate when the inmate, while acting in concert with two or more inmates, injures, spits on or throws any object or substance at any other inmate.
101.15.1: An inmate is guilty of the Grade I offense of Security Risk Group Assault when the inmate injures, spits on or throws any object or substance at any other inmate based on either inmate's Security Risk Group status or motivated by a Security Risk Group related purpose.
Grade II:
101.16: An inmate is guilty of Grade II assault when he or she attempts to injure any person other than a staff member, without using a weapon, but does not cause injury.
101.17: An inmate is guilty of Grade II fighting when he or she engages in a physical struggle with another inmate that does not result in injury.
Grade III:
101.18: An inmate is guilty of Grade III fighting when he or she engages in a non-violent physical struggle with another person such as horseplay, boxing, wrestling or sparring.
(3) Bribery
Grade I:
102.10: An inmate is guilty of bribery when he or she gives or attempts to give any benefit, including but not limited to money or valuable items, to any person, with the intent of influencing that person's conduct or obtaining a benefit for himself or herself.
(4) Contraband
Grade I:
103.05: Inmates shall not possess any tobacco-related products including, but not limited to, cigarettes, cigars, loose tobacco, chewing tobacco, rolling paper, matches and lighters.
103.07: Inmates shall not sell, exchange or distribute tobacco-related products including, but not limited to, cigarettes, cigars, loose tobacco, chewing tobacco, matches and lighters.
103.08: Inmates shall not make, possess, sell or exchange any amount of alcoholic beverage.
103.10: Inmates shall not make, possess, sell or exchange any type of contraband weapon. Any object that could be used as a weapon may be classified as a weapon.
103.10.5: Inmates shall not possess or transport a Department-issued razor outside the housing area.
103.10.6: Inmates shall return all Department-issued razors after shaving is completed, in accordance with Department or facility procedures. Razors shall be returned in the same condition as received; for example, blade and handle shall be intact.
103.10.7: Inmates shall not possess more than one Department-issued razor.
103.11: Inmates shall not make, possess, sell, give or exchange any amount of narcotic, narcotic paraphernalia, or any other controlled substance, or a manufactured chemical compound that is not facility issued.
103.12: Inmates shall not make, possess, sell, give or exchange any type of escape paraphernalia. Where there is the likelihood that an item can be used to aid an escape, it may be classified as escape paraphernalia. Keys, possession of identification belonging to another person, or fictitious person, transferring an inmate's identification to another, possession of employee clothing, or any other articles which would aid in an escape, or which suggest that an escape is being planned, are contraband.
103.12.5: Inmates shall not possess any type of electronic telecommunications and/or recording device or instrument or any part of such device or instrument, which is designed to transmit and/or receive telephonic, electronic, digital, cellular or radio communications; record or capture sound and/or images;; or charge the power of any such device or instrument. Such devices shall include, but shall not be limited to, cameras (digital or film), video recorders, tape or digital recording devices, electronic storage devices, phone chargers, battery chargers, A/C adapters, A/C cables, cellular or digital phones, pagers, two-way radios, text messaging devices, or modem equipment or devices. (Radios sold in commissary are excluded from this prohibition.)
103.12.6: Inmates shall not possess any contraband with intent to sell or distribute such contraband.
103.12.7: Inmates shall not possess money whose value exceeds twenty (20) dollars in cash, checks, credit cards regardless of the credit available on the card, or debit or gift cards regardless of the value stored on the card. Money confiscated as contraband will be deposited in the City's treasury and will not be returned to the inmate.
Grade II:
103.13: Inmates shall not sell or exchange prescription drugs or non-prescription drugs. Inmates shall not possess prescription drugs that they are not authorized by medical staff to possess.
103.13.5: Inmates shall not possess prescription or non-prescription drugs in quantities in excess of that authorized by medical staff. Inmates are not authorized to possess expired prescription medication or drugs.
103.13.6: Inmates are not authorized to possess any drug that by prescription, or by medical order, must be ingested in view of Department and/or medical staff.
103.14: Inmates shall not make, possess, sell, exchange, use or display any item that identifies the inmate as a member or associate of a Security Risk Group. Articles of religious significance that are Security Risk Group identifiers shall only be considered contraband if they are displayed. Incidental or inadvertent exposure of the item (for example, while showering, saying the rosary or other religious observance, dressing or undressing or sleeping) shall not be considered "display" under this rule.
103.15: An inmate is guilty of the offense of Possession of Contraband Grade II when such inmate possesses money having a value of up to and including twenty (20) dollars, in the form of cash or checks. Money confiscated as contraband will be deposited in the City's treasury and will not be returned to the inmate.
Grade III:
103.16: Inmates shall not possess unauthorized hobby materials, art supplies or tattooing equipment, or writing implements.
103.17: Inmates shall not possess unauthorized amounts of jewelry, clothing, food, or personal property.
103.18: Inmates shall not possess unauthorized amounts of City-issued property.
103.19: Inmates shall not possess any other unauthorized items not specifically listed within this section.
(5) Count Procedures
Grade II:
104.10: Inmates shall not intentionally cause a miscount.
104.11: Inmates shall not intentionally delay the count.
(6) Creating a Fire, Health or Safety Hazard
Grade II:
105.10: Inmates shall not create a fire hazard, health hazard, or other safety hazard.
105.11: Inmates shall not tamper with any fire safety equipment.
105.12: Inmates shall not cause any false alarms about a fire, claimed health emergency, or create any kind of disturbance or security problem.
105.13: Inmates shall not flood any living area or other area in the facility.
Grade III:
105.14: Inmates shall not store food in their housing area or any work place, except food items bought in the commissary, which must be stored in the food containers provided.
105.15: Inmates shall not litter, spit, or throw garbage or any kind of waste or substance.
105.16: Inmates shall follow all local facility rules relating to fire, health or safety.
105.17: Inmates shall clean their cell or living area, toilet bowl, sink and all other furnishings every day. They must keep their cells and beds neatly arranged. Before leaving their cells or living areas for any purpose, they must clean their cells or areas and make their beds.
105.19: Inmates shall not obscure, block, obstruct, mark up, write on, or post any pictures or place any other articles on Department property, including any walls, windows, cells, or lighting fixtures.
105.20: Inmates shall not cook in any living area, including any cell.
105.22: Inmates must keep themselves and their clothes clean.
105.24: Inmates shall not block the view into or out of any cell by putting anything on the bars of the cell or on any cell door, cell door window or cell window, in a manner that would obstruct the view into or out of the cell.
105.25: Inmates shall not use a food warmer as a personal cooking device.
(7) Demonstrations
Grade I:
106.10: Inmates shall not lead, attempt to lead or encourage others to participate in boycotts, work stoppages, or other demonstrations that interrupt the routine of the facility.
106.11: Inmates shall not participate in boycotts, work stoppages, or other demonstrations.
(8) Destruction of Property
Grade I:
107.10: An inmate is guilty of the offense of Destruction of Property Grade I when such inmate misuses, defaces, or destroys City property, or private property belonging to another, with a value greater than one hundred dollars ($100.00).
Grade II:
107.11: An inmate is guilty of the offense of Destruction of Property Grade II when such inmate misuses, defaces, or destroys City property, or private property belonging to another, with a value between ten dollars ($10.00) and one hundred dollars ($100.00).
Grade III:
107.12: An inmate is guilty of the offense of Destruction of Property Grade III when such inmate defaces or destroys City property, or private property belonging to another, with a value of ten dollars ($10.00) or less.
(9) Disorderly Conduct
Grade III:
108.10: Inmates shall not shout out to, curse, use abusive language, or make obscene gestures towards any person.
108.11: Inmates shall not behave in a loud and noisy manner.
(10) Disrespect for Staff; Sexual Harassment towards Staff
Grade I:
109.10: An inmate is guilty of the Grade I offense of Disrespect for Staff if the inmate physically resists a staff member, including by pulling or twisting away.
109.11: An inmate is guilty of the Grade I offense of Disrespect for Staff/Sexual Harassment towards Staff if the inmate harasses or annoys a staff member by touching the staff member.
109.11.5: An inmate is guilty of the Grade I offense of Sexual Harassment towards Staff if the inmate engages in unwelcome physical conduct of a sexual nature, including but not limited to: patting, rubbing, kissing, grabbing, pinching or touching of staff.
Grade II:
109.12 An inmate is guilty of the Grade II offense of Disrespect for Staff/Sexual Harassment towards Staff if the inmate verbally abuses or harasses a staff member, or makes obscene gestures towards any staff member.
109.13: An inmate is guilty of the Grade II offense of Disrespect for Staff/Sexual Harassment Towards Staff when the inmate, in the plain view of staff, intentionally touches the inmate's own body with or without exposing the genitals, buttocks or breasts, in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense, and that any reasonable person would consider this conduct offensive.
109.14: An inmate is guilty of the Grade II offense of Disrespect for Staff/Sexual Harassment Toward Staff when the inmate requests, solicits or otherwise encourages a staff member or any other to engage in sexual activity, or makes repeated and unwelcome sexual advances or verbal comments of a derogatory or offensive nature, including but not limited to: sexually suggestive remarks, jokes, innuendos, leering, comments, and gestures.
109.15: An inmate is guilty of the Grade II offense of sexual harassment towards staff when the inmate refuses to remove sexually explicit material the inmate has affixed, posted or displayed on Department property after being asked to do so by staff.
Grade III:
109.16: An inmate is guilty of the Grade III offense of sexual harassment towards staff when the inmate affixes, posts or displays any sexually explicit material on Department property, including walls, windows, or lighting fixtures.
(11) Disrupting Institutional Programs
Grade II:
110.10: Inmates shall not interfere with or disrupt institutional services, programs, or special activities.
(12) Escape
Grade I:
111.10 Inmates shall not escape or aid others to escape, or attempt to escape or aid others to escape. Exiting Department property, a Department facility, or vehicle without permission from Department staff is an escape.
(13) Extortion
Grade I:
112.10: Inmates shall not make threats, spoken, in writing or by gesture, against a staff member for the purpose of obtaining any benefit.
Grade II:
112.11: Inmates shall not make any threats, spoken, in writing or by any gesture, against any person other than a staff member for the purpose of obtaining any benefit.
(14) False Statements
Grade II:
112.50: Inmates shall not provide to Department officials, or officials from other governmental entities, false oral or written statements for any purpose.
(15) Gambling
Grade III:
113.10: Inmates shall not engage in any form of gambling.
(16) Hostage Taking
Grade I:
114.10: Inmates shall not take or hold any person hostage.
(17) Identification Procedures
Grade III:
115.10: Inmates shall carry and display their Department ID at all times when outside their cell or sleeping quarters.
115.11: Inmates shall promptly produce their Department ID at the direction of any staff member.
115.12: Inmates shall report the loss of their Department ID promptly to appropriate staff members. Inmates shall be charged restitution for a new Department ID.
115.13: Inmates shall not intentionally tamper with or destroy their Department ID.
(18) Impersonation
Grade I:
116.10: Inmates shall not impersonate any staff member in any way.
Grade II:
116.11: Inmates shall not impersonate another inmate or any other person in any way.
(19) Inmate Movement
Grade II:
117.10: Inmates shall follow facility rules and staff orders relating to movement inside and outside the facility, including, but not limited to, rules and orders dealing with seating, lock-in and lock-out.
Grade III:
117.11: Inmates shall not be out of their assigned area, including being in a cell to which they are not assigned, nor shall inmates leave an assigned area such as a work area or program area, without authorization.
(20) Purchase, Sale or Exchange of Services or Property
Grade III:
119.10: Inmates shall not sell, buy or exchange services or personal property with any other inmate without permission.
(21) Refusal To Obey a Direct Order
Grade II:
120.10: Inmates shall obey all orders of Department staff promptly and completely. It shall be a Grade II offense to fail to obey the following orders: to stop fighting with or assaulting another person, to be frisked, to have a cell searched, to be locked-in and/or locked-out, to disperse an unauthorized assembly, to identify oneself, to go to court, and to cooperate in admission procedures. It shall be a Grade II offense to fail to obey any order given to an inmate when the inmate is outside the facility, and when any order is given in any emergency situation.
Grade III:
120.11: It shall be a Grade III offense to refuse to obey any other staff order promptly and completely.
(22) Rioting
Grade I:
121.10: Inmates shall not take any action with the intention of taking control over any area of any facility. Inmates in groups must not use or threaten violence against any person or property.
121.12: Inmates shall not encourage or in any way persuade other inmates to take any action in order to take control over any area of the facility, or to use or threaten violence against any person or property.
(23) Sex Offenses
Grade I:
122.10: An inmate is guilty of a Grade I Sex Offense when the inmate forces, coerces or attempts sexual abuse against another person, or engages in sexual abuse of a person who is unable to consent or refuse.
Grade II:
122.11: An inmate is guilty of a Grade II Sex Offense when the inmate engages in sexual activity with another inmate. All contact between inmates is prohibited, including kissing, embracing, and hand-holding.
122.12: An inmate is guilty of a Grade II Sex Offense when the inmate exposes the private parts of the inmate's body in a lewd manner.
Grade III:
122.13: An inmate is guilty of a Grade III Sex Offense when the inmate requests, solicits or otherwise encourages any other inmate to engage in sexual activity, or makes repeated and unwelcome sexual advances or verbal comments of a derogatory or offensive nature, including but not limited to, sexually suggestive remarks, jokes, innuendos, comments, and gestures.
122.14: An inmate is guilty of a Grade III Sex Offense when the inmate, in the plain view of any person other than staff, intentionally touches oneself with or without exposing their genitals, buttocks or breasts in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance or offense, and that any reasonable person would consider this conduct offensive.
(24) Smuggling
Grade I:
123.10: Inmates shall be guilty of Grade I smuggling if, by their own actions or acting in concert with others, they smuggle weapons, drugs or drug-related products, manufactured chemical compounds that are not facility issued, alcohol, tobacco or tobacco-related products, or escape paraphernalia into or out of the facility.
Grade III:
123.11: Inmates shall be guilty of Grade III smuggling if, by their own actions or acting in concert with others, they smuggle contraband other than that listed in section 123.10 of these rules.
(25) Stealing; Possession of Stolen Property
Grade II:
124.10: Inmates shall not steal property belonging to any other person or to the City whether that property is of any or no monetary value.
Grade II:
124.11: Inmates shall not possess property belonging to any other person or to the City whether that property is of any or no monetary value.
(26) Tampering With Documents
Grade II:
125.10: Inmates shall not destroy, tamper with, change, counterfeit, or give other inmates any institutional documents, passes or ID Cards.
125.11: Inmates shall not forge the signature of staff, an inmate, or any other person on any documents, institutional or otherwise.
(27) Tampering With Security Devices
Grade I:
126.10: Inmates shall not tamper with, destroy, or sabotage any security related devices or equipment.
(28) Threats
Grade I:
127.10 Inmates shall not make any threat whether spoken, in writing, or by gesture, against any staff member.
Grade II:
127.11 Inmates shall not make any threat whether spoken, in writing, or by gesture, against any person other than a staff member.
(29) Unauthorized Assembly
Grade I:
128.10: Inmates shall not gather in unauthorized groups anywhere.
(30) Refusal to Provide Sample for DNA Bank
Grade 1:
129.10: Inmates shall not refuse to provide a DNA sample if they meet the criteria as set forth in Article 49-B of the New York State Executive Law qualifying a person as a designated offender. A designated offender is a person convicted and sentenced for charges specified in subdivision seven (7) of § 995 of Article 49-B of the New York State Executive Law, including, but not limited to Sex Offenses, Drug Offenses, and Dangerous Weapons Offenses.
(31) Refusal to Provide Sample for Random Drug/Alcohol Testing
Grade I:
130.10: Inmates shall not refuse to provide a urine, hair, saliva, or other sample, according to the Department's policy and procedures, when they have been notified by the head of the facility or his/her designee that they have been selected for drug/alcohol testing, whether by random selection or based on reasonable suspicion.
(32) Testing Positive for Alcohol or Illegal Drugs/Substances
Grade I:
130.11 Inmates shall not test positive for nor be found under the influence of alcohol or illegal drugs/substances.
Grade I:
130.12: Inmates shall not adulterate or tamper with, or attempt to adulterate or tamper with a urine sample or offer as their own a urine sample of another individual.
(33) Acts of Hate
Grade I:
131.00: Inmates shall not engage in acts of hate against any person due to a belief or perception regarding such person's race, color, national origin, affiliation with any group, religion, religious practice, age, gender, disability, or sexual orientation.
131.10 Any action that targets a person or group in a negative and or hostile manner is strictly prohibited. Inmates shall not intentionally commit any verbal and or physical offense against staff, inmates, or visitors, in whole or substantial part based on the other person's or persons' race, religion, color, national origin, group affiliation, age, gender or sexual orientation.
(Amended City Record 8/1/2019, eff. 8/31/2019)