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(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.
(a) Policy. Prisoners shall not be housed in cells, rooms or dormitories unless adequate space and furnishings are provided.
(b) Single occupancy.
(1) A cell or room designed or rated for single occupancy shall house only one prisoner.
(2) Each single cell shall contain a flush toilet, a wash basin with drinking water, a single bed and a closeable storage container for personal property.
(3) A single-cell housing area shall contain table or desk space for each occupant that is available for use at least 12 hours per day.
(c) Multiple occupancy.
(1) A multiple-occupancy area shall contain for each occupant a single bed, a closeable storage container for personal property and a table or desk space that is available for use at least 12 hours per day.
(2) Multiple-occupancy areas shall provide a minimum of 60 square feet of floor space per person in the sleeping area.
(3) A multiple-occupancy area shall provide a minimum of one operable toilet and shower for every 8 prisoners and one operable sink for every 10 prisoners. Toilets shall be accessible for use without staff assistance 24 hours per day.
(4) A multiple-occupancy area shall provide a dayroom space that is physically and acoustically separate from but immediately adjacent and accessible to the sleeping area, except for cells designed or rated for two or more occupants, opened on or prior to January 1, 2000.
(5) A multiple occupancy area shall house no more than:
(i) 50 Detainees
(ii) 60 Sentenced Prisoners. This subparagraph shall be applicable to all multi-occupancy areas opened after July 1, 1985.
(d) Decontamination showers. The Department shall not maintain any locked decontamination showers.
(Amended City Record 6/28/2024, eff. 7/28/2024)
(a) Policy.
(1) The time spent by people confined to their cells should be kept to a minimum and required only when necessary for the safety and security of the facility.
(2) Out-of-cell time must take place in a space outside of, and in an area away from a cell, in a group setting with other people all in the same shared space, without physical barriers separating such people, that is conducive to meaningful and regular social interaction and activity, or in any space while such incarcerated person receives medical treatment, individual one-on-one counseling, or an attorney visit or participates in a court appearance.
(3) Incarcerated persons may congregate with others and move about their housing area freely during out-of-cell time and have access to education and programming pursuant to § 9-110 of the Administrative Code.
(b) Involuntary lock-in.
(1) All incarcerated persons must have access to at least 14 out-of-cell hours every day. People shall not be required to remain confined to their cells except for the following purposes:
(i) At night for count or sleep, not to exceed eight hours in any 24-hour period;
(ii) During the day for count or required facility business that can only be carried out while people are locked in, not to exceed two hours in any 24-hour period.
(2) The provisions of this section apply to people confined in all housing units, except:
(i) During emergency lock-ins, subject to the requirements of 40 RCNY § 6-06;
(ii) De-escalation confinement units, subject to the requirements of 40 RCNY § 6-05.
(c) Optional lock-in.
(1) People shall have the option of being locked in their cells during lock-out periods. Individuals choosing to lock in at the beginning of a lock-out period of two (2) hours or more shall be locked out upon request after one-half of the period. At this time, people who have been locked out shall be locked in upon request.
(2) The Department may deny optional lock-in to a person in mental observation status if a psychiatrist or psychologist determines in writing that optional lock-in poses a serious threat to the safety of that person. A decision to deny optional lock-in must be reviewed every ten (10) days, including a written statement of findings, by a psychiatrist or psychologist. Decisions made by a psychiatrist or psychologist pursuant to this subdivision must be based on personal consultation with the person in custody.
(d) Schedule. Each facility shall maintain and distribute to all people in custody or post in each housing area its lock-out schedule, including the time during each lock-out period when people may exercise the options provided by paragraph (c)(1) of this subdivision.
(Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
(a) Policy. Recreation is essential to good health and contributes to reducing tensions within a facility. People in custody shall be provided with adequate indoor and outdoor recreational opportunities.
(b) Recreation areas. Indoor and outdoor recreation areas of sufficient size to meet the requirements of this section shall be established and maintained by each facility. An outdoor recreation area must allow for direct access to sunlight and air.
(c) Recreation schedule. Recreation periods shall be at least one hour; only time spent at the recreation area shall count toward the hour. Recreation shall be available seven (7) days per week in the outdoor recreation area, except in inclement weather when the indoor recreation area shall be used.
(d) Recreation equipment.
(1) The Department shall make available to people in custody an adequate amount of equipment during the recreation period.
(2) Upon request each facility shall provide people in custody with appropriate outer garments in satisfactory condition, including coat, hat, and gloves, when they participate in outdoor recreation during cold or wet weather conditions.
(e) Recreation within housing area.
(1) People shall be permitted to engage in recreation activities within cell corridors and tiers, dayrooms and individual housing units. Such recreation may include but is not limited to:
(i) table games;
(ii) exercise programs; and
(iii) arts and crafts activities.
(2) Recreation taking place within cell corridors and tiers, dayrooms and individual housing units shall supplement, but not fulfill, the requirements of subdivision (c) of this section.
(f) Recreation for people housed in the contagious disease units. In place of out-of-cell recreation, the Department, in consultation with medical providers, may provide people confined for medical reasons in the contagious disease units with appropriate recreation equipment and materials for in-cell recreation. The Department must provide such individuals with daily access to publications, such as newspapers, books, and magazines, which shall be made available in the six (6) most common languages spoken by the jail population.
(g) Recreation for people in restrictive housing. Persons confined in restrictive housing as defined in 40 RCNY Chapter 6 shall be permitted recreation in accordance with the provisions of subdivision (c) of this section.
(h) Limitation on access to recreation. A person's access to recreation may be denied for up to five (5) days only due to imminent safety and security risks, which must be recorded and transmitted to the Board within one (1) business day of the restriction. Any limits imposed on a person's access to recreation must be approved by the Chief of the Department.
(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. People in custody have an unrestricted right to hold any religious belief, and to be a member of any religious group or organization, as well as to refrain from the exercise of any religious beliefs. A person in custody may change his or her religious affiliation.
(b) Exercise of religious beliefs.
(1) People in custody are entitled to exercise their religious beliefs in any manner that does not constitute a clear and present danger to the safety or security of a facility.
(2) No employee or agent of the Department or of any voluntary program shall be permitted to proselytize or seek to convert any person in custody, nor shall any person in custody be compelled to exercise or be dissuaded from exercising any religious belief.
(3) Equal status and protection shall be afforded to all people in the exercise of their religious beliefs except when such exercise is unduly disruptive of facility routine.
(c) Congregate religious activities.
(1) Consistent with the requirements of subdivision (a) of this section, all persons in custody shall be permitted to congregate for the purpose of religious worship and other religious activities, except for people confined for medical reasons in the contagious disease units.
(2) Each facility shall provide all persons in custody with access to an appropriate area for congregate religious worship and other religious activities. Consistent with the requirements of paragraph (b)(1) of this section, this area shall be made available to people in custody in accordance with the practice of their religion.
(d) Religious advisors.
(1) As used in this section, the term "religious advisor" means a person who has received endorsement from the relevant religious authority.
(2) Religious advisors shall be permitted to conduct congregate religious activities permitted pursuant to subdivision (c) of this section. When no religious advisor is available, a person in custody belonging to the religious group may be permitted to conduct congregate religious activities.
(3) Consistent with the requirements of paragraph (b)(1) of this section, people shall be permitted confidential consultation with their religious advisors during lock-out periods.
(e) Celebration of religious holidays or festivals. Consistent with the requirements of paragraph (b)(1) of this section, people shall be permitted to celebrate religious holidays or festivals on an individual or congregate basis.
(f) Religious dietary laws. People in custody are entitled to the reasonable observance of dietary laws or fasts established by their religion. Each facility shall provide people with food items sufficient to meet such religious dietary laws.
(g) Religious articles. Consistent with the requirements of paragraph (b)(1) of this section, people in custody shall be entitled to wear and to possess religious medals or other religious articles, including clothing and hats.
(h) Exercise of religious beliefs by people in restrictive housing.
(1) People confined in restrictive housing shall not be prohibited from exercising their religious beliefs, including the opportunities provided by subdivisions (d) through (g) of this section.
(2) Congregate religious activities by people in restrictive housing as defined in 40 RCNY Chapter 6 shall be provided for by permitting such individuals to attend congregate religious activities with appropriate security either with each other or with other people in custody.
(i) Recognition of a religious group or organization.
(1) A list shall be maintained of all religious groups and organizations recognized by the Department. This list shall be in Spanish and English, and shall be distributed to all persons entering custody or posted in each housing area.
(2) Each facility shall maintain a list of the religious advisor, if any, for each religious group and organization, and the time and place for the congregate service of each religion. This list shall be in Spanish and English, and shall be distributed to all persons entering custody or posted in each housing area.
(3) People in custody may make requests to the Department to exercise the beliefs of a religious group or organization not previously recognized by the Department.
(4) In determining requests made pursuant to paragraph (3) of this subdivision, the following factors among others shall be considered as indicating a religious foundation for the belief:
(i) whether there is substantial literature supporting the belief as related to religious principle;
(ii) whether there is formal, organized worship by a recognizable and cohesive group sharing the belief;
(iii) whether there is an informal association of persons who share common ethical, moral, or intellectual views supporting the belief; or
(iv) whether the belief is deeply and sincerely held by the person making the request.
(5) In determining requests made pursuant to paragraph (3) of this subdivision, the following factors shall not be considered as indicating a lack of religious foundation for the belief:
(i) the belief is held by a small number of individuals;
(ii) the belief is of recent origin;
(iii) the belief is not based on the concept of a Supreme Being or its equivalent; or
(iv) the belief is unpopular or controversial.
(6) Before the Department determines a request made pursuant to paragraph (3) of this subdivision, the requestor shall be permitted to present evidence indicating a religious foundation for the belief.
(7) The procedure outlined in paragraphs (1) and (3) of this subdivision shall apply when a request made pursuant to paragraph (i)(3) of this subdivision is denied.
(j) Limitations on the exercise of religious beliefs.
(1) Any determination to limit the exercise of the religious beliefs of any person in custody 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 one (1) business day of the determination.
(2) This determination must be based on specific acts committed by the person in custody during the exercise of his or her religion that demonstrate a serious and immediate threat to the safety and security of the facility. Prior to any determination, the individual 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 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 the Department of the person's 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 fourteen (14) business days after receiving notice of the requested review.
(Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
(a) Policy. People in custody are entitled to access to courts, attorneys, legal assistants and legal materials.
(b) Judicial and administrative proceedings.
(1) People in custody shall not be restricted in their communications with courts or administrative agencies pertaining to either criminal or civil proceedings except pursuant to a court order.
(2) Timely transportation shall be provided to people scheduled to appear before courts or administrative agencies. Vehicles used to transport people in custody must meet all applicable safety and inspection requirements and provide adequate ventilation, lighting and comfort.
(c) Access to counsel.
(1) People in custody shall not be restricted in their communication with attorneys. The fact that someone is represented by one attorney shall not be grounds for preventing that person from communicating with other attorneys. Any properly identified attorney may visit any person in custody with that person's consent.
(i) An attorney may be required to present identification to a designated official at the central office of the Department in order to obtain a facility pass. This pass shall permit the attorney to visit any person in the custody of the Department.
(ii) The Department only may require such identification as is normally possessed by an attorney.
(2) The Department may limit visits to any attorney of record, or an attorney with a court notice for individuals undergoing examination for competency pursuant to court order.
(3) Visits between people in custody and attorneys shall be kept confidential and protected, in accordance with provisions of 40 RCNY § 1-09. Legal visits shall be permitted at least eight hours per day between 8 a.m. and 8 p.m. During business days, four (4) of those hours shall be 8 a.m. to 10 a.m., and 6 p.m. to 8 p.m. The Department shall maintain and post the schedule of legal visiting hours at each facility.
(4) Mail between people in custody and attorneys shall not be delayed, read, or interfered with in any manner, except as provided in 40 RCNY § 1-11.
(5) Telephone communications between people in custody and attorneys shall be kept confidential and protected, in accordance with the provisions of 40 RCNY § 1-10.
(d) Access to co-defendants. Upon reasonable request, regular visits shall be permitted between people awaiting trial and all of their co-defendants who consent to such visits. If any of the co-defendants are incarcerated, the Department may require that an attorney of record be present and teleconferencing shall be used, if available.
(e) Attorney assistants.
(1) Law students, legal paraprofessionals, and other attorney assistants working under the supervision of an attorney representing a person in custody shall be permitted to communicate with that person by mail, telephone and personal visits, to the same extent and under the same conditions that the attorney may do so for the purpose of representing the individual. Law students, legal paraprofessionals and other attorney assistants working under the supervision of an attorney contacted by a person in custody shall be permitted to communicate with that individual by mail, telephone, or personal visits to the same extent and under the same conditions that the attorney may do so.
(2) An attorney assistant may be required to present a letter of identification from the attorney to a designated official at the central office of the Department in order to obtain a facility pass. A pass shall not be denied based upon any of the reasons listed in 40 RCNY § 1-09(h)(1).
(3) The pass shall permit the assistant to perform the functions listed in subdivision (e) of this section. It may be revoked if specific acts committed by the legal assistant demonstrate the legal assistant's threat to the safety and security of a facility. This determination must be made pursuant to the procedural requirements of paragraphs (2), (4) and (5) of subdivision (h) of 40 RCNY § 1-09.
(f) Law libraries. Each facility shall maintain a properly equipped and staffed law library.
(1) The law library shall be located in a separate area sufficiently free of noise and activity and with sufficient space and lighting to permit sustained research.
(2) Each law library shall be open for a minimum of five (5) days per week including at least one (1) weekend day. On each day a law library is open:
(i) in facilities housing more than six hundred (600) people, each law library shall be operated for a minimum of ten (10) hours, of which at least eight (8) shall be during lock-out hours;
(ii) in facilities housing six hundred (600) or fewer people, each law library shall be operated for a minimum of eight (8) and a half hours, of which at least six (6) and a half shall be during lock-out hours;
(iii) in all facilities, the law library shall be operated for at least three (3) hours between 6 p.m. and 10 p.m.; and
(iv) the law library will be kept open for people's use on all holidays which fall on regular law library days except New Year's Day, July 4th, Thanksgiving, and Christmas. The law library may be closed on holidays other than those specified provided that law library services are provided on either of the two days of the same week the law library is usually closed. On holidays on which the law library is kept open, it shall operate for a minimum of eight (8) hours. No changes to law library schedules shall be made without written notice to the Board of Correction and shall be received at least five (5) business days before the planned change(s) is to be implemented.
(3) The law library schedule shall be arranged to provide access to people in custody during times of the day when other activities such as recreation, commissary, meals, school, sick call, etc., are not scheduled. Where such considerations cannot be made, people shall be afforded another opportunity to attend the law library at a later time during the day.
(4) Each person in custody shall be granted access to the law library for a period of at least two (2) hours per day on each day the law library is open. Upon request, extra time may be provided as needed, space and time permitting. In providing extra time, people who have an immediate need for additional time, such as people on trial and those with an impending court deadline shall be granted preference.
(5) Notwithstanding the provisions of paragraph (f)(4), people housed for medical reasons in the contagious disease units may be denied access to the law library. An alternative method of access to legal materials shall be instituted to permit effective legal research.
(6) The law library hours for people in restrictive housing as defined in 40 RCNY Chapter 6 may be reduced or eliminated, provided that an alternative method of access to legal materials is instituted to permit effective legal research.
(7) Legal research classes for people housed in general population shall be conducted at each facility on at least a quarterly basis. Legal research training materials shall be made available upon request to people in restrictive housing.
(8) The Department shall report annually to the Board detailing the resources available at the law library at each facility, including a list of titles and dates of all law books and periodicals and the number, qualifications and hours of English and Spanish-speaking legal assistants.
(g) Legal documents and supplies.
(1) Each law library shall contain necessary research and reference materials which shall be kept properly updated and supplemented and shall be replaced without undue delay when materials are missing or damaged.
(2) People in custody shall have reasonable access to typewriters, dedicated word processors, and photocopiers for the purpose of preparing legal documents. A sufficient number of operable typewriters, dedicated word processors, and photocopy machines will be provided for people's use.
(3) Legal clerical supplies, including pens, legal paper and pads shall be made available for purchase by people in custody. Such legal clerical supplies shall be provided to indigent individuals at Department expense.
(4) Unmarked legal forms which are commonly used by people in custody shall be made available. Each person shall be permitted to use or make copies of such forms for the person's use.
(h) Law library staffing.
(1) During all hours of operation, each law library shall be staffed with trained civilian legal coordinator(s) to assist people with the preparation of legal materials. Legal coordinator coverage shall be provided during extended absences of the regularly assigned legal coordinator(s).
(2) Each law library shall be staffed with an adequate number of permanently assigned correction officers knowledgeable of law library procedures.
(3) Spanish-speaking people in custody shall be provided assistance in use of the law library by employees fluent in the Spanish language on an as needed basis.
(i) Number of legal documents and research materials.
(1) People in custody shall be permitted to purchase and receive law books and other legal research materials from any source.
(2) Reasonable regulations governing the keeping of materials in cells and the searching of cells may be adopted, but under no circumstances may people's legal documents, books, and papers be read or confiscated by correctional personnel without a lawful warrant. Where the space in a cell is limited, an alternative method of safely storing legal materials elsewhere in the facility is required, provided that a person in custody shall have regular access to these materials.
(j) Limitation of access to law library.
(1) People in custody may be removed from the law library if they disrupt the orderly functioning of the law library or do not use the law library for its intended purposes.
(2) Any determination to limit a person's right of access to the law library 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 one business day of the determination.
(3) An alternative method of access to legal materials shall be instituted to permit effective legal research for any person excluded from the law library. A legal coordinator shall visit any excluded person to determine his or her law library needs upon request.
(4) Any person affected by a determination made pursuant to this subdivision (j) may appeal such determination to the Board.
(i) The person affected by a 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 (5) business days after receiving notice of the requested review.
(Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
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