(a) Policy. People in custody shall not be subject to discriminatory treatment based upon race, religion, nationality, sex, sexual orientation, gender, disability, age or political belief. The term "person in custody" means any person in the custody of the New York City Department of Correction ("the Department"). "Inmate" and "prisoner" both mean "person in custody" throughout this Title, and the Board will modernize to person-forward language in promulgating rules, so as to phase out the use of "inmate" and "prisoner". "Detainee" means any person in custody awaiting disposition of a criminal charge. "Sentenced prisoner" means any person in custody serving a sentence of up to one year in Department custody.
(b) Equal protection.
(1) Prisoners shall be afforded equal opportunity in all decisions including, but not limited to, work and housing assignments, classification, and discipline.
(2) Prisoners shall be afforded equal protection and equal opportunity in being considered for any available programs including, but not limited to educational, religious, vocational, recreational, or temporary release.
(3) Each facility shall provide programs, cultural activities and foods suitable for those racial and ethnic groups with significant representation in the prisoner population, including Black and Hispanic prisoners.
(4) Nothing contained in this section shall prevent the Department from using rational criteria for a particular program or opportunity.
(c) Hispanic prisoners and staff.
(1) Each facility shall have a sufficient number of employees and volunteers fluent in the Spanish language to assist Hispanic prisoners in understanding, and participating, in the various facility programs and activities, including use of the law library and parole applications.
(2) Bilingual prisoners in each housing unit should be used to assist Spanish-speaking prisoners in the unit and in the law library.
(3) Communications on any significant matter from correctional personnel to prisoners, including, but not limited to, orientation, legal research, facility programs, medical procedures, minimum standards and disciplinary code shall be in Spanish and English.
(4) Communications on any significant matter from correctional personnel to outside individuals or organizations regularly involved with New York City prisoners shall be in Spanish and English.
(5) Spanish-speaking prisoners shall be afforded opportunities to read publications and newspapers printed in Spanish, and to hear radio and television programs broadcast in Spanish. Facility libraries shall contain Spanish language books and materials.
(d) Different languages.
(1) Prisoners shall be permitted to communicate with other prisoners and with persons outside the facility by mail, telephone, or in person, in any language, and may read and receive written materials in any language.
(2) Provisions shall be made by the Department to assist in assuring prompt access to translation services for non-English speaking prisoners.
(3) Procedures shall be employed to ensure that non-English speaking prisoners understand all written and oral communications from facility staff members, including but not limited to, orientation procedures, health services procedures, facility rules and disciplinary proceedings.
(Amended City Record 7/22/2019, eff. 8/21/2019)
(a) Policy. Consistent with the requirements of this section the Department shall employ a classification system for people in custody.
(b) Categories.
(1) Sentenced individuals shall be housed separate and apart from people awaiting trial or examination, except when housed in:
(i) Restrictive housing units, defined in 40 RCNY § 6-03(b)(16);
(ii) Specialized medical housing units, defined in 40 RCNY § 6-03(b)(17);
(iii) Specialized mental health housing, defined in 40 RCNY § 6-03(b)(18);
(iv) pregnant person housing and the Department nursery; and
(v) housing areas designated for people ages 18 to 21 inclusive.
(2) Where sentenced individuals are housed with people awaiting trial or examination in the housing areas listed in subparagraphs (i) through (v) of paragraph (1) of this subdivision, the sentenced individuals shall be treated as people awaiting trial or examination for all purposes other than housing.
(3) Within the categories set forth in paragraph (1), and subject to the exceptions set forth in 40 RCNY § 1-02(b)(4), the following groupings shall be housed separate and apart:
(i) male adults, ages 22 and over;
(ii) male young adults, ages 18 to 21 inclusive;
(iii) female adults, ages 22 and over;
(iv) female young adults, ages 18 to 21 inclusive.
(4) Young adults shall be housed separate and apart from adults, except when housed in:
(i) specialized medical housing units, as defined in 40 RCNY § 6-03(b)(17);
(ii) specialized mental health housing, as defined in 40 RCNY § 6-03(b)(18);
(iii) pregnant person housing and the Department nursery.
(c) Inmates ages 18 to 21 inclusive.
(1) Housing for people in custody ages 18 through 21 shall provide such people with trauma-informed, age-appropriate programming and services on a consistent, regular basis.
(2) Data collection and review.
(i) The Department shall provide the Board with a monthly public census showing which housing units and facilities house 18-year-olds and 19-21-year-olds. The census shall indicate how many young adults are in each unit, the housing category of each unit (e.g., general population, protective custody, specialized medical, specialized mental health, pregnant, nursery, etc.), and whether the unit is a young adult-only unit or a commingled housing unit.
(ii) The Department shall report to the Board the locations of all units operating as young adult-only housing units at each facility, including the dates each unit started operating as a young adult-only unit and the date each unit stopped operating as a young adult-only unit (if applicable).
(iii) The Department shall provide the Board with monthly, public reports on its plans for housing and providing age-appropriate programming and services to young adults in custody (i.e., Young Adult Plan). The monthly report shall include but not be limited to the following information as of the first day of the reporting month:
(A) Number of young adults, in total and disaggregated by gender, custody status (i.e., detainee, sentenced), and "M" designation, and the percent of young adults in each category out of the total young adult population and the DOC population as a whole;
(B) Number of young adults, in total and disaggregated by facility and by young adult-only versus commingled housing units, and percent of the young adult population in each category out of the total young adult population in custody;
(C) Number of young adults in young adult-only housing units, in total and disaggregated by classification level and custody status;
(D) Number of young adults in commingled housing units, in total and disaggregated by classification level and custody status;
(E) Number of young adults in medical and mental health housing units, in total and disaggregated by type of unit (e.g., CAPS, PACE, Detox, and Mental Observation);
(F) Number of young adults in restrictive housing units, in total and disaggregated by type and level of housing;
(G) Number of active young adult-only housing areas by facility during the reporting month;
(H) A list and description of the staff trainings focusing on working with the young adult population offered by the Department (e.g., Safe Crisis Management, Direct Supervision);
(I) For each training offered, the number and percent of staff working with young adults, in total (Department-wide) and disaggregated by facility and by status of young adult training received (qualified, trained but expired, never trained);
(J) A list and description of young adult program offerings by facility, housing type (young adult-only, commingled), and provider, specifying Department-led programming and programming offered by external providers;
(K) The number and percent of young adults in custody with an Individual Behavioral Support Plan; and
(L) Any other information the Department or the Board deems relevant to assessment of the Young Adult Plan.
(M) The Board and the Department shall jointly develop reporting templates for information required by 40 RCNY § 1-02(c)(2) for approval by the Board.
(d) People in custody for civil offenses. People who are not directly involved in the criminal process and are confined for other reasons including civil process, civil contempt or material witness, shall be housed separate and apart from the rest of the jail population and, if possible, located in a different structure or wing. They must be afforded at least as many of the rights, privileges and opportunities available to other people in custody.
(1) Within this category, the following groupings shall be housed separate and apart:
(i) male adults, ages 22 and over;
(ii) male young adults, ages 18 to 21 inclusive;
(ii) female adults, ages 22 and over;
(iv) female young adults, ages 18 to 21 inclusive.
(e) Limited commingling. Nothing contained in this section shall prevent people in custody in different categories or groupings from being in the same area for a specific purpose, including, but not limited to, entertainment, classes, contact visits or medical necessity.
(f) Security classification.
(1) The Department shall use a system of classification to group people in custody according to the minimum degree of surveillance and security required.
(2) The system of classification shall meet the following requirements:
(i) It shall be in writing and shall specify the basic objectives, the classification categories, the variables and criteria used, the procedures used and the specific consequences to the person in custody of placement in each category.
(ii) It shall include at least two (2) classification categories.
(iii) It shall provide for an initial classification upon entrance into the corrections system. Such classification shall take into account only relevant factual information about the person in custody, capable of verification.
(iv) It shall provide for involvement of the person in custody at every stage with adequate due process.
(v) People placed in the most restrictive security status shall only be denied those rights, privileges and opportunities that are directly related to their status and which cannot be provided to them at a different time or place than provided to other individuals in custody.
(vi) It shall provide mechanisms for review of people placed in the most restrictive security status at intervals not to exceed four (4) weeks for individuals awaiting trial and eight (8) weeks for sentenced people.
(Amended City Record 12/24/2015, eff. 1/23/2016; amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
(a) Policy. Each facility shall provide for and maintain reasonable standards of prisoner personal hygiene.
(b) Showers.
(1) Showers with hot and cold water shall be made available to all prisoners daily. The hot water temperature norms of the American Public Health Association shall be followed. Consistent with facility health requirements, prisoners may be required to shower periodically. The shower area shall be cleaned at least once each week.
(2) Notwithstanding paragraph (1) of this subdivision, prisoners confined in punitive segregation may be denied daily access to showers for infraction convictions for misconduct on the way to, from or during a shower, as follows: for a first offense, access to showers may be reduced to five days per week for two consecutive weeks; for subsequent convictions during the same punitive segregation confinement, as follows: for a second conviction, access to showers may be reduced to three days per week for up to three consecutive weeks; for a third conviction, to three days per week for up to four consecutive weeks; and for a fourth conviction, to three days per week for the duration of the current punitive segregation confinement. The provisions of this paragraph (2) shall not apply to prisoners making court appearances, during times of hot weather when access to cool showers protects prisoners' health, and to female prisoners who are menstruating,
(c) Shaving.
(1) All prisoners shall be permitted to shave daily. Hot water sufficient to enable prisoners to shave with care and comfort shall be provided. Upon request, necessary shaving items shall be provided at Department expense and shall be maintained in a safe and sanitary condition.
(2) Notwithstanding paragraph (1) of this subdivision, prisoners confined in punitive segregation may be denied access to daily shaves, except for court appearances, for infraction convictions for misconduct on the way to, from or during a shower, in accordance with the schedule in paragraph (b)(2) of this section.
(d) Haircuts.
(1) Hair shall be cut by persons capable of using barber tools. Such persons include, but are not limited to:
(i) licensed barbers;
(ii) facility staff members; and
(iii) prisoners.
(2) Barber tools shall be maintained in a safe, sanitary condition.
(e) Hair styles.
(1) Consistent with the requirements of this subdivision, prisoners shall be permitted to adopt hair styles, including facial hair styles, of any length.
(i) Prisoners assigned to work in areas where food is stored, prepared, served or otherwise handled may be required to wear a hair net or other head covering.
(ii) The Department may determine that certain work assignments constitute a safety hazard to those prisoners with long hair or beards. Prisoners unwilling or unable to conform to the safety requirements of such work assignment shall be assigned elsewhere.
(iii) Should examination of a prisoner's hair reveal the presence of vermin, medical treatment should be initiated immediately. The cutting of a prisoner's hair is permissible under these circumstances pursuant to a physician's written order and under the direct supervision of the physician.
(2) When the growth or removal of a prisoner's hair, including facial hair, creates an identification problem, a new photograph may be taken of that prisoner.
(f) Personal health care items.
(1) Upon admission to a facility, all prisoners shall be provided at Department expense with an issue of personal health care items, including but not limited to:
(i) soap;
(ii) toothbrush;
(iii) toothpaste or tooth powder;
(iv) drinking cup;
(v) toilet paper;
(vi) towel; and
(vii) aluminum or plastic mirror, unless this is permanently available in the housing area.
(2) In addition to the items listed in paragraph (1) of this subdivision, all women prisoners shall be provided at Department expense with necessary hygiene items.
(3) Towels shall be exchanged at least once per week at Department expense. All other personal health care items issued pursuant to paragraphs (1) and (2) of this subdivision shall be replenished or replaced as needed at Department expense.
(g) Clothing.
(1) Prisoners shall be entitled to wear clothing provided by the Department as needed. Such clothing shall be laundered and repaired at Department expense and shall include, but is not limited to:
(i) one shirt;
(ii) one pair of pants;
(iii) two sets of undergarments;
(iv) two pairs of socks;
(v) one pair of suitable footwear; and
(vi) one sweater or sweatshirt to be issued during cold weather.
(2) The Department may require sentenced prisoners to wear facility clothing. Upon establishment and operation of clothing services described in paragraph (h)(2) of this section, the Department may require all prisoners to wear seasonally appropriate facility clothing, except that for trial appearances, prisoners may wear clothing items described in paragraph (3) of this subdivision. The facility clothing that is provided for detainees shall be readily distinguishable from that provided for sentenced prisoners. Facility clothing shall be provided, laundered and repaired at Department expense.
(3) Until the Department establishes and operates clothing services described in paragraph (h)(2) of this section, detainees shall be permitted to wear non-facility clothing. Such clothing may include items:
(i) worn by the prisoner upon admission to the facility; and
(ii) received after admission from any source. This clothing, including shoes, may be new or used.
(iii) Detainees shall be permitted to wear all items of clothing that are generally acceptable in public and that do not constitute a threat to the safety of a facility.
(4) Prisoners engaged in work assignment or outdoor recreation requiring special clothing shall be provided with such clothing at Department expense.
(5) Upon establishment and operation of clothing services described in paragraph (h)(2) of this section and requiring all prisoners to wear facility clothing, the Department shall provide to all prisoners upon admission at least the following:
(i) two shirts;
(ii) one pair of pants;
(iii) four sets of undergarments;
(iv) four pairs of socks;
(v) one pair of suitable footwear; and
(vi) one sweater or sweatshirt to be issued during cold weather.
(6) Upon requiring all prisoners to wear facility clothing, the Department shall provide prisoners with a clean exchange of such clothing every four days.
(h) Clothing services.
(1) Laundry service sufficient to provide prisoners with a clean change of personal or facility clothing at least twice per week shall be provided at Department expense.
(2) Prior to requiring detainees to wear facility clothing, the Department shall establish and operate:
(i) laundry service sufficient to fulfill the requirements of paragraphs (g)(5) and (6) of this section at Department expense, and
(ii) secure storage facilities from which prisoners' personal clothing can be retrieved promptly and cleaned for trial court appearances, and retrieved promptly upon prisoners' discharge from custody.
(i) Bedding.
(1) Upon admission to a facility, all prisoners shall be provided at Department expense with an issue of bedding, including but not limited to:
(i) two sheets;
(ii) one pillow;
(iii) one pillow case;
(iv) one mattress;
(v) one mattress cover; and
(vi) sufficient blankets to provide comfort and warmth.
(2) Prior to being issued, all bedding items shall be checked for damage and repaired or cleaned, if necessary.
(3) Pillowcases and sheets shall be cleaned at least once each week. Blankets shall be cleaned at least once every three months. Mattresses shall be cleaned at least once every six months.
(4) Mattresses must be constructed of fire retardant materials. Mattress covers must be constructed of materials both water resistant and easily sanitized.
(5) All items of clothing and bedding stored within the facility shall be maintained in a safe and sanitary manner.
(j) Housing areas.
(1) Prisoners shall be provided at Department expense with a supply of brooms, mops, soap powder, disinfectant, and other materials sufficient to properly clean and maintain housing areas, except when contraindicated by medical staff. Under such circumstance, the Department shall make other arrangements for cleaning these areas.
(2) The Department shall provide for regular cleaning of all housing areas, including cells, tiers, dayrooms, and windows, and for the extermination of rodents and vermin in all housing areas.
(3) All housing areas shall contain at least the following fixtures in sufficient supply to meet reasonable standards of prisoner personal hygiene:
(i) sink with hot and cold water;
(ii) flush toilet; and
(iii) shower with hot and cold water.
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