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(a) Policy. People in custody are entitled to correspond with any person, except when there is a reasonable belief that limitation is necessary to protect public safety or maintain facility order and security. The Department shall establish appropriate procedures to implement this policy. Correspondence shall not be deemed to constitute a threat to safety and security of a facility solely because it criticizes a facility, its staff, or the correctional system, or espouses unpopular ideas, including ideas that facility staff deem not conducive to rehabilitation or correctional treatment. The Department shall provide notice of this policy to all people in custody.
(b) Number and language.
(1) There shall be no restriction upon incoming or outgoing correspondence based upon either the amount of correspondence sent or received, or the language in which correspondence is written.
(2) If a person in custody is unable to read or write, he or she may receive assistance with correspondence from other persons, including but not limited to, facility employees and people in custody.
(c) Outgoing correspondence.
(1) Each facility shall make available to indigent people in custody at Department expense stationery and postage for all letters to attorneys, courts and public officials, as well as two (2) other letters each week.
(2) Each facility shall make available for purchase by people in custody both stationery and postage.
(3) Outgoing correspondence shall bear the sender's name and either the facility post office box or street address or the sender's home address in the upper left-hand corner of the envelope.
(4) Outgoing correspondence shall be sealed by the sender and deposited in locked mail receptacles.
(5) All outgoing correspondence shall be forwarded to the United States Postal Service at least once each business day.
(6) Outgoing non-privileged correspondence shall not be opened or read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(i) The warden's written order shall state the specific facts and reasons supporting the determination.
(ii) The affected sender shall be given written notification of the determination and the specific facts and reasons supporting it. The warden may delay notifying the sender only for so long as such notification would endanger the safety and security of the facility, after which the warden immediately shall notify the person.
(iii) A written record of correspondence read pursuant to this paragraph shall be maintained and shall include: the name of the person in custody, the name of the intended recipient, the name of the reader, the date the correspondence was read, and the date that the person received notification.
(iv) Any action taken pursuant to this paragraph shall be completed within five (5) business days of receipt of the correspondence by the Department.
(7) Outgoing privileged correspondence shall not be opened or read except pursuant to a lawful search warrant.
(d) Incoming correspondence.
(1) Incoming correspondence shall be delivered to the intended recipient within forty-eight (48) hours of receipt by the Department unless the recipient is no longer in custody of the Department.
(2) A list of items that may be received in correspondence shall be established by the Department. Upon admission to a facility, people shall be provided a copy of this list or it shall be posted in each housing area.
(e) Inspection of incoming correspondence.
(1) Incoming non-privileged correspondence:
(i) shall not be opened except in the presence of the intended recipient or pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public.
(A) The warden's written order shall state the specific facts and reasons supporting the determination.
(B) The affected recipient and sender shall be given written notification of the warden's determination and the specific facts and reasons supporting it. The warden may delay notifying the recipient and the sender only for so long as such notification would endanger the safety or security of the facility, after which the warden immediately shall notify the recipient and sender.
(C) A written record of correspondence read pursuant to this subdivision shall be maintained and shall include: the name of the sender, the name of the intended recipient in custody, the name of the reader, the date that the correspondence was received and was read, and the date that the recipient and sender received notification.
(D) Any action taken pursuant to this subdivision shall be completed within five (5) business days of receipt of the correspondence by the Department.
(ii) shall not be read except pursuant to a lawful search warrant or the warden's written order articulating a reasonable basis to believe that the correspondence threatens the safety or security of the facility, another person, or the public. Procedures for the warden's written order pursuant to this subdivision are set forth in paragraph (1) of this subdivision.
(2) Incoming correspondence may be manipulated or inspected without opening, and subjected to any non-intrusive devices. A letter may be held for an extra twenty-four (24) hours pending resolution of a search warrant application.
(3) Incoming privileged correspondence shall not be opened except in the presence of the recipient in custody or pursuant to a lawful search warrant. Incoming privileged correspondence shall not be read except pursuant to a lawful search warrant.
(f) Prohibited items in incoming correspondence.
(1) When an item found in incoming correspondence involves a criminal offense, it may be forwarded to the appropriate authority for possible criminal prosecution. In such situations, the notice required by paragraph (3) of this subdivision may be delayed if necessary to prevent interference with an ongoing criminal investigation.
(2) A prohibited item found in incoming correspondence that does not involve a criminal offense shall be returned to the sender, donated or destroyed, as the recipient wishes.
(3) Within twenty-four (24) hours of the removal of an item, the Board and the intended recipient shall be sent written notification of this action. This written notice shall include:
(i) the name and address of the sender;
(ii) the item removed;
(iii) the reasons for removal;
(iv) the choice provided by paragraph (2) of this subdivision; and
(v) the appeal procedure.
(4) After removal of an item, the incoming correspondence shall be forwarded to the intended recipient.
(g) Appeal. Any person affected by the determination to remove an item from correspondence may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within 14 business days after receiving notice of the requested review.
(Amended City Record 6/9/2021, eff. 7/9/2021)
(a) Policy. Prisoners shall be permitted to receive packages from, and send packages to, any person, except when there is reasonable belief that limitation is necessary to protect public safety or maintain facility order and security.
(b) Number. The Department may impose reasonable restrictions on the number of packages sent or received.
(c) Outgoing packages. The costs incurred in sending outgoing packages shall be borne by the prisoner.
(d) Incoming packages.
(1) Incoming packages shall be delivered within 72 hours of receipt by the Department, unless the intended inmate is no longer in custody of the Department.
(2) Packages may be personally delivered to a facility during visiting hours.
(3) Upon admission to a facility, prisoners shall be provided with a copy of a list of items that may be received in packages or this list shall be posted in each housing area.
(e) Inspection of incoming packages.
(1) Incoming packages may be opened and inspected.
(2) Correspondence enclosed in incoming packages may not be opened or read except pursuant to the procedures set forth in subdivision (e) of 40 RCNY § 1-11.
(f) Prohibited items in incoming packages.
(1) When an item found in an incoming package involves a criminal offense, it may be forwarded to the appropriate authority for possible criminal prosecution. In such situations, the notice required by paragraph (3) of this subdivision may be delayed if necessary to prevent interference with an ongoing criminal investigation.
(2) A prohibited item found in an incoming package that does not involve a criminal offense shall be returned to the sender, donated or destroyed, as the prisoner wishes.
(3) Within 24 hours of the removal of an item, the Board and the intended prisoner shall be sent written notification of this action. This written notice shall include:
(i) the name and address of the sender;
(ii) the item removed;
(iii) the reasons for removal;
(iv) the choice provided by paragraph (2) of this subdivision; and
(v) the appeal procedure.
(4) After removal of an item, all other items in the package shall be forwarded to the intended prisoner.
(g) Appeal. Any person affected by the determination to remove an item from an incoming package may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and to the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within 14 business days after receiving notice of the requested review.
(Amended City Record 12/24/2015, eff. 1/23/2016)
(a) Policy. Prisoners are entitled to receive new or used publications from any source, including family, friends and publishers, except when there is substantial belief that limitation is necessary to protect public safety or maintain facility order and security. "Publications" are printed materials including soft and hardcover books, articles, magazines and newspapers.
(b) Number and language. There shall be no restriction upon the receipt of publications based upon the number of publications previously received by the prisoner, or the language of the publication.
(c) Incoming publications.
(1) Incoming publications shall be delivered to the intended prisoner within 48 hours of receipt by the Department unless the prisoner is no longer in custody of the Department.
(2) Incoming publications may be opened and inspected pursuant to the procedures applicable to incoming packages.
(3) Incoming publications shall not be censored or delayed unless they contain specific instructions on the manufacture or use of dangerous weapons or explosives, plans for escape, or other material that may compromise the safety and security of the facility.
(4) Incoming publications shall only be read to ascertain if they contain material prohibited by paragraph (3) of this subdivision.
(5) Within 24 hours of a decision to censor or delay all or part of an incoming publication, the Board and the intended prisoner shall be sent written notification of such action. This notice shall include the specific facts and reasons underlying the determination and the appeal procedure.
(d) Appeal. Any person affected by a determination made pursuant to paragraph (c)(3) of this section may appeal such determination to the Board.
(1) The person affected by the determination shall give notice in writing to the Board and the Department of his or her intent to appeal the determination.
(2) 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.
(3) The Board or its designee shall issue a written decision upon the appeal within five business days after receiving notice of the requested review.
(a) Policy. Prisoners are entitled to access to the media. "Media" means any printed or electronic means of conveying information to any portion of the public and shall include, but is not limited to newspapers, magazines, books or other publications, and licensed radio and television stations.
(b) Media interviews.
(1) Properly identified media representatives shall be entitled to interview any prisoner who consents to such an interview. "Properly identified media representative" means any person who presents proof of his or her affiliation with the media.
(2) The prisoner's consent must be in writing on a form that includes the following information in Spanish and English:
(i) the name and organization of the media representative;
(ii) notification to the prisoner that statements made to the media representative may be detrimental to the prisoner in future administrative or judicial proceedings;
(iii) notification to the prisoner that he or she is not obligated to speak to the media representative; and
(iv) notification to the prisoner that he or she may postpone the media interview in order to consult with an attorney or any other person.
(3) The Department may require the consent of an attorney of record prior to scheduling a media interview with a detainee undergoing examination for competency pursuant to court order.
(4) The Department may require the consent of an attorney of record or a parent or legal guardian prior to scheduling a media interview with a prisoner under 18 years of age.
(5) The name of the Department's media contact shall be published. Media representatives shall direct requests for interviews to this person.
(6) Interviews shall be scheduled promptly by the Department but not later than 24 hours from a request made between 8 a.m. and 4 p.m. The 24-hour period may be extended if necessitated by the prisoner's absence from the facility.
(c) Limitation of media interviews.
(1) The Department may deny, revoke or limit a media interview with a media representative or a prisoner only if it is determined that such interview constitutes a threat to the safety or security of the facility.
(2) This determination must be based on specific acts committed by the media representative or by the prisoner during a prior visit that demonstrate his or her threat to the safety and security of the facility. Prior to any determination, the media representative or the prisoner 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 determination made pursuant to paragraph (1) of this subdivision 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 24 hours of the determination.
(4) 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 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 business days after it has received notice of the requested review.
(a) Policy. The Department may apply for a variance from a specific subdivision or section of these minimum standards when compliance cannot be achieved or continued. A "limited variance" is an exemption granted by the Board from full compliance with a particular subdivision or section for a specified period of time. A "continuing variance" is an exemption granted by the Board from full compliance with a particular subdivision or section for an indefinite period of time. An "emergency variance" as defined in paragraph (b)(3) of this section is an exemption granted by the Board from full compliance with a particular subdivision or section for no more than 30 days.
(b) Limited, continuing and emergency variances.
(1) The Department may apply to the Board for a variance when:
(i) despite its best efforts, and the best efforts of other New York City officials and agencies, full compliance with the subdivision or section cannot be achieved, or
(ii) compliance is to be achieved for a limited period in a manner other than specified in the subdivision or section.
(2) The Department may apply to the Board for a continuing variance when despite its best efforts and the best efforts of other New York City officials and agencies compliance cannot be achieved in the foreseeable future because:
(i) full compliance with a specific subdivision or section would create extreme practical difficulties as a result of circumstances unique to a particular facility, and lack of full compliance would not create a danger or undue hardship to staff or prisoners; or
(ii) compliance is to be achieved in an alternative manner sufficient to meet the intent of the subdivision or section.
(3) The Department may apply to the Board for an emergency variance when an emergency situation prevents continued compliance with the subdivision or section. An emergency variance for a period of less than 24 hours may be declared by the Department when an emergency situation prevents continued compliance with a particular subdivision or section. The Board or its designee shall be immediately notified of the emergency situation and the variance declaration.
(c) Variance application.
(1) An application for a variance must be made in writing to the Board by the Commissioner of the Department as soon as a determination is made that continued compliance will not be possible and shall state:
(i) the type of variance requested;
(ii) the particular subdivision or section at issue;
(iii) the requested commencement date of the variance;
(iv) the efforts undertaken by the Department to achieve compliance by the effective date;
(v) the specific facts or reasons making full compliance impossible, and when those facts and reasons became apparent;
(vi) the specific plans, projections and timetables for achieving full compliance;
(vii) the specific plans for serving the purpose of the subdivision or section for the period that strict compliance is not possible; and
(viii) if the application is for a limited variance, the time period for which the variance is requested, provided that this shall be no more than six months.
(2) In addition to the provisions of paragraph (1) of this subdivision, an application for a continuing variance shall state:
(i) the specific facts and reasons underlying the impracticability or impossibility of compliance within the foreseeable future, and when those facts and reasons become apparent, and
(ii) the degree of compliance achieved, and the Department's efforts to mitigate any possible danger or hardships attributable to the lack of full compliance; or
(iii) a description of the specific plans for achieving compliance in an alternative manner sufficient to meet the intent of the subdivision or section.
(3) In addition to the requirements of paragraph (1) of this subdivision, an application for an emergency variance for a period of 24 hours or more, (or for renewal of an emergency variance) shall state:
(i) the particular subdivision or section at issue;
(ii) the specific facts or reasons making continued compliance impossible, and when those facts and reasons became apparent;
(iii) the specific plans, projections and timetables for achieving full compliance; and
(iv) the time period for which the variance is requested, provided that this shall be no more than thirty days.
(d) Variance procedure for limited and continuing variance.
(1) Prior to a decision on an application for a limited or continuing variance, the Board shall consider the position of all interested parties, including correctional employees, prisoners and their representatives, other public officials and legal, religious and community organizations.
(2) Whenever practicable, the Board shall hold a public meeting or hearing on the variance application, and hear testimony from all interested parties.
(3) The Board's decision on a variance application shall be in writing.
(4) Interested parties shall be notified of the Board's decision as soon as practicable, and no later than 5 business days after the decision is made.
(e) Granting of variance.
(1) The Board shall grant a variance only if it is presented with convincing evidence that the variance is necessary and justified.
(2) Upon granting a variance, the Board shall state:
(i) the type of variance
(ii) the date on which the variance will commence
(iii) the time period of the variance, if any, and
(iv) any requirements imposed as conditions on the variance.
(f) Renewal and review of variance.
(1) An application for a renewal of a limited or emergency variance shall be treated in the same manner as an original application as provided in subdivisions (b), (c), (d) and (e) of this section. The Board shall not grant renewal of a variance unless it finds that, in addition to the requirements for approving an original application, a good faith effort has been made to comply with the subdivision or section within the previously prescribed time limitation, and that the requirements set by the Board as conditions on the original variance have been met.
(2) A petition for review of a continuing variance may be made upon the Board's own motion or by the Department, correctional employees, prisoners or their representatives. Upon receipt of a petition, the Board shall review and re-evaluate the continuing necessity and justification for the continuing variance. Such review shall be conducted in the same manner as the original application as provided in subdivisions (b), (c), (d) and (e) of this section. The Board will review all the facts and consider the positions of all interested parties. The Board will discontinue the variance, if after such review and consideration, it determines that:
(i) full compliance with the standard now can be achieved; or
(ii) requirements imposed as conditions upon which the continuing variance was granted have not been fulfilled or maintained; or
(iii) there is no longer compliance with the intent of the subdivision or section in an alternative manner as required by subparagraph (b)(2)(ii) of this section.
(3) The Board shall specify in writing and publicize the facts and reasons for its decision on an application for renewal or review of a variance. The Board's decision must comply with the requirements of subdivision (e) of this section, and, in the case of limited and continuing variances, paragraphs (d)(3) and (4) of this section. Where appropriate, the Board shall set an effective date for discontinuance of a continuing variance after consultation with all interested parties.
(4) The Board shall not grant more than two consecutive renewals of emergency variances.
(a) Purpose. The primary objective of enhanced supervision housing (ESH) is to protect the safety and security of inmates and facilities, while promoting rehabilitation, good behavior, and the psychological and physical well-being of inmates. To accomplish these objectives, ESH is designed to separate from the general population those inmates who pose the greatest threats to the safety and security of staff and other inmates. It additionally seeks to promote the rehabilitation of ESH inmates by incentivizing good behavior and by providing necessary programs and therapeutic resources.
(b) Policy. An inmate may be confined in ESH if the inmate presents a significant threat to the safety and security of the facility if housed elsewhere. Such a determination shall only be supported by a finding that one of the following has occurred:
(1) the inmate has been identified as a leader of a gang and has demonstrated active involvement in the organization or perpetration of violent or dangerous gang-related activity;
(2) the inmate has demonstrated active involvement as an organizer or perpetrator of a gang-related assault;
(3) the inmate has committed a slashing or stabbing, has committed repeated assaults, has seriously injured another inmate, visitor, or employee, or has rioted or actively participated in inmate disturbances while in Department custody or otherwise incarcerated;
(4) the inmate has been found in possession of a scalpel or a weapon that poses a level of danger similar to or greater than that of a scalpel while in Department custody or otherwise incarcerated;
(5) the inmate has engaged in serious or persistent violence; or
(6) the inmate, while in Department custody or otherwise incarcerated, has engaged in repeated activity or behavior of a gravity and degree of danger similar to the acts described in paragraphs (1) through (5) of this subdivision, and such activity or behavior has a direct, identifiable and adverse impact on the safety and security of the facility, such as repeated acts of arson.
Provided, however, that, where the Department is permitted to consider an inmate's activity occurring or actions committed at a time when the inmate was incarcerated, such activity or actions must have occurred within the preceding five (5) years. Where the Department is permitted to consider an inmate's activity occurring or actions committed at a time when the inmate was not incarcerated, such activity or actions must have occurred within the preceding two (2) years.
(c) Exclusions.
(1) The following categories of inmates shall be excluded from ESH placement:
(i) inmates under the age of 18;
(ii) as of January 1, 2016, inmates ages 18 through 21, provided that sufficient resources are made available to the Department for necessary staffing and implementation of necessary alternative programming; and
(iii) inmates with serious mental or serious physical disabilities or conditions.
(2) Medical staff shall be permitted to review ESH placements and participate in placement review hearings. Consistent with these regulations, when ESH assignment would pose a serious threat to an inmate's physical or mental health, medical staff shall have the authority to determine that the inmate shall be barred from ESH placement or shall be moved from ESH to a more appropriate housing unit. This determination may be made at any time during the inmate's incarceration.
(3) Any inmate placed in ESH who evidences a mental or emotional disorder shall be seen by mental health services staff prior to or immediately upon ESH placement.
(4) The total number of inmates housed in ESH shall not exceed 250 at any time.
(d) Conditions, Programming and Services.
(1) To the extent the Department imposes restrictions on an ESH inmate that deviate from those imposed on inmates in the general population, such restrictions must be limited to those required to address the specific safety and security threat posed by that individual inmate.
(2) To the extent the Department seeks to limit an ESH inmate's access to contact visits, a hearing shall be held, as required by subdivision (g) of this section, which shall address the criteria set forth in subdivision (h) of 40 RCNY § 1-09 with regard to both the inmate and any individual visitors with whom the Department wishes to limit contact.
(3) No later than July 1, 2015, the Department shall provide ESH inmates with both voluntary and involuntary, as well as both in- and out-of-cell, programming aimed at facilitating rehabilitation, addressing root causes of violence, and minimizing idleness.
(4) All inmates in ESH shall be seen at least once each day by medical staff who shall make referrals to medical and mental health services where appropriate.
(e) Staffing.
(1) Correction officers assigned to ESH shall receive forty (40) hours of special training designed to address the unique characteristics of ESH and its inmates. Such training shall include, but shall not be limited to, recognition and understanding of mental illness and distress, effective communication skills, and conflict de-escalation techniques.
(2) At least twenty-five (25) percent of correction staff assigned to ESH shall be assigned to steady posts.
(f) Notice of ESH Placement.
(1) When it is determined that an inmate should be confined in ESH, that inmate shall be given written notice of such determination within twenty-four (24) hours of placement. Inmates who are unable to read or understand such notice shall be provided with necessary assistance. Such notice shall:
(i) state the grounds relied on and the facts that support the inmate's ESH placement; (ii) inform the inmate of the individual restrictions the Department intends to impose during the inmate's ESH confinement;
(iii) notify the inmate of the upcoming ESH placement review hearing; and
(iv) inform the inmate of the right to review, prior to the placement hearing, the evidence relied upon by the Department, to appear at the hearing in person, to submit a written statement for consideration, to call witnesses, and to present evidence.
(2) [Reserved.]
(g) Placement Review Hearing.
(1) Within three (3) business days of service of notice on an inmate of initial ESH placement and related restrictions, the Department shall conduct a hearing to adjudicate the inmate's ESH placement and the individual restrictions proposed. The hearing may not be adjourned except, in extenuating circumstances, by the inmate's documented request and may in no event be adjourned for longer than five (5) days.
(2) One or more hearing officers shall conduct the placement review hearing. Department staff who initially recommended the inmate for ESH placement or otherwise provided evidence to support the inmate's ESH placement shall not be eligible to serve as hearing officers at the inmate's placement review hearing.
(3) The placement review hearing shall consist of following:
(i) a review of the facts upon which the Department relies to place the inmate in ESH pursuant to subdivision (b) of this section, and a determination of whether such facts exist and whether they support, by a preponderance of the evidence, the conclusion that the inmate presents a current significant threat to the safety and security of the facility such that ESH is appropriate;
(ii) consideration of the time that has elapsed since the occurrence of the activity or behavior relied on by the Department to support ESH placement;
(iii) a review of the individual restrictions proposed by the Department and a determination of whether each is supported by evidence of the legitimate safety and security concerns related to that individual inmate;
(iv) consideration of any relevant information provided by medical staff;
(v) consideration of any credible and relevant evidence submitted or statements made by the inmate at the hearing; and
(vi) consideration of any other evidence deemed relevant to the ESH status determination or imposition of individual restrictions.
(4) The inmate shall be permitted to appear at the hearing in person, submit a written statement, call witnesses, and present evidence.
(5) In the following circumstances, the inmate shall be entitled to the assistance of a hearing facilitator, who shall assist the inmate by clarifying the charges, explaining the hearing process, and assisting the inmate in gathering evidence:
(i) the inmate is illiterate or otherwise unable to prepare for or understand the hearing process; or
(ii) the inmate has otherwise been unable to obtain witnesses or material evidence.
(6) If it is determined that the ESH placement and each related restriction are supported by a preponderance of the evidence, the placement and each supported restriction may be continued. Written notice shall be provided to the inmate outlining the bases for such determinations. If it is determined that ESH placement or imposition of any individual restrictions is unsupported by a preponderance of the evidence, ESH status or unsupported individual restrictions shall be terminated immediately.
(h) Periodic Review of Placement.
(1) The placement of an inmate in ESH shall be reviewed every forty-five (45) days to determine whether the inmate continues to present a significant threat to the safety and security of the facility if housed outside ESH such that continued ESH placement is appropriate.
(2) At least twenty-four (24) hours prior to such periodic review, inmates shall be notified of the pending review in writing and of the right to submit a written statement for consideration. Inmates who are unable to read or understand such notice shall be provided with necessary assistance.
(3) Periodic review of an inmate's ESH status shall consider the following, with conclusions recorded in a written report made available to the inmate within seven (7) days of the review: (i) the justifications for continued ESH placement;
(ii) the continued appropriateness of each individual ESH restriction and whether any such individual restrictions should be relaxed or lifted;
(iii) information regarding the inmate's subsequent behavior and attitude since ESH placement began, including participation in and availability of programming;
(iv) information regarding the effect of ESH placement or of individual ESH restrictions on the inmate's mental and physical health;
(v) any written statement submitted by the inmate for consideration;
(vi) any other factors that may favor retaining the inmate in or releasing the inmate from ESH or any other factors that may favor the lifting of individual ESH restrictions or continuing to impose individual ESH restrictions; and
(vii) if the inmate's ESH placement is to continue, any actions or behavioral changes that the inmate might undertake to further rehabilitative goals and facilitate the lifting of individual ESH restrictions or ESH release.
(4) At any time when deemed appropriate, an inmate may be evaluated and recommended for placement in a more appropriate housing unit outside ESH.
(i) Board Review of ESH Implementation.
(1) No later than sixty (60) days after ESH implementation and every sixty (60) days thereafter, the Department shall submit to the Board information related to implementation of ESH and the inmates housed there. This information shall include, but shall not be limited to:
(i) the number of inmates housed in ESH, both currently and since implementation;
(ii) the frequency with which each of the criteria set forth in subdivision (b) of this section is used to support ESH placement;
(iii) rates of violence in both ESH and the general population since implementation of ESH and rates of violence for comparable time periods prior to ESH implementation;
(iv) rates of use of force in both ESH and the general population since implementation of ESH;
(v) programming and mental health resources available to ESH inmates and the extent of inmate participation in each program and resource;
(vi) training received by correction officers assigned to ESH and the number of steady posts created in ESH;
(vii) the number of inmates initially assigned to ESH but whose ESH status was terminated in a placement review hearing;
(viii) the number of inmates released from ESH into the general population through periodic review or other ESH status review mechanisms; and
(ix) any other data the Department or the Board deems relevant to the Board's assessment of ESH.
(2) The Board shall review the information provided by the Department and any other information it deems relevant to the assessment of ESH. Eighteen (18) months after implementation of ESH and no later than two (2) years after implementation of ESH, the Board shall meet to discuss the effectiveness and continued appropriateness of ESH.
(Repealed City Record 6/9/2021, eff. 11/1/2021; reinstated by Emergency Executive Order No. 297, 11/23/2021*)
* Editor's note: This section was repealed as of November 1, 2021, but was reinstated with one change by Emergency Executive Order No. 297, dated November 23, 2021. Section 2 of Emergency Executive Order 297 provides: "Notwithstanding the repeal of Board of Correction minimum standards sections 1-16 and 1-17 (40 RCNY §§ 1-16 and 1-17) on November 1, 2021, I hereby direct that while this Emergency Executive Order, as extended, is in effect, such minimum standards sections 1-16 and 1-17 shall be deemed to continue to be in effect and applicable to the operations of the Department of Correction, as if such repeal had not been effectuated; provided that, in accordance with section 7 of Emergency Executive Order No. 241, minimum standard section 1-16(c)(l)(ii) shall be construed so that the Department of Correction may continue assigning eligible persons in custody under the age of 22 to Enhanced Supervision Housing."
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