(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)